Get-e terms and conditions for bookings via the portal

Introduction
1. Get-e International B.V (“Get-e”) is a company incorporated in the Netherlands, having its registered office at Siriusdreef 2, 2132 WT Hoofddorp, the Netherlands, registered at the Trade Register at Amsterdam under no 63711443, duly represented by Alexander van Deudekom.
2. Get-e has developed and operates the Get-e Technology (which includes the Booking Platform) to match Partners and Drivers with Clients seeking Transfer Services from one location to another.
3. For Clients that wish to request and book a Transfer Service through the Booking Platform, the Get-e terms and conditions shall apply.
4. The Get-e terms and conditions together with any terms and policies referred to in them, and the Master Agreement (if applicable) form the contract between Get-e and the Client.
5. By using the Booking Platform, the Client also agrees to comply with Get-e’s website terms of use (“Website Terms of Use”). If you do not accept the Website Terms of Use, do not make a booking for Transfer Services using the Booking Platform.
6. If these Terms contradict any Master Agreement, the terms of the Master Agreement will take precedence.
Definition and interpretation
1. These booking terms and conditions (“Terms”), should be read in conjunction with the terms of the Master Agreement (if applicable). Unless otherwise stated, the following definitions apply:
  1. Account: Client’s ledger or record opened on Get-e Technology under which the Client is allocated an Account Number enabling the Client to submit orders for Transfer Services on the terms set out in this Agreement;
  2. Account number: Confidential identification number allocated by Get-e to the Client;
  3. Amount Due: The amount due to the Partner from Get-e for a completed Transfer Service;
  4. Booking Platform: The reservation platform (portal.Get-e.com) through which Transfer Services are requested and booked by the Client, and which forms part of the Get-e Technology;
  5. Business Day: A day other than a Saturday, Sunday or public holiday in the Netherlands;
  6. Charges: The total cost of a Transfer Service which includes the Amount Due and the Service Fee as shown on Get-e Technology or the rate agreed between Get-e and the Client for each Transfer Service, as applicable;
  7. Christmas Period: A period between 18:00 hours on 24 December to 23:59 hours on 26 December, in any year, and from 18:00 hours on 31 December to 23:59 on 1 January, in any year;
  8. Client: A person who books Transfer Services undertaken by the Partner for certain Passengers;
  9. Data Protection Laws: means the EU General Data Protection Regulation 2016/679 (the GDPR), the version of the GDPR transposed into UK law pursuant to the European Union (Withdrawal) Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019/419, the Data Protection Act 2018, Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws relating to the processing of Protected Data, privacy and security.
  10. Driver: Any person who is fully licensed, insured and authorised to drive a taxi or private hire Vehicles on behalf of the Partner to conduct Transfer Services under applicable laws;
  11. Force Majeure Event: Any cause preventing or delaying either Party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Party so prevented or delayed including without limitation, strikes, lockouts or other industrial disputes, acts of god, war, terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant machinery, fire, pandemic or epidemic, flood or storm;
  12. Get-e Technology: The advanced online technology platform (including all software, infrastructure, APIs and other material in such platform and including the Booking Platform) owned and operated by Get-e which provides an interface between the Client and Partners, to enable the Client to book Transfer Services and the Partner to accept bookings;
  13. Master Agreement: An agreement entered into between Get-e and the Client pursuant to which Get-e agrees to arrange and book Transfer Services for the Client which will be provided by a Partner;
  14. Order: The confirmed order placed by a Client through Get-e Technology;
  15. Partner: A fully licensed and insured transportation company offering ground transportation, which uses Vehicles and professional drivers, and is part of the Get-e network.
  16. Party / Parties: Get-e and/or the Client.
  17. Passenger(s): Any person who is travelling in a Vehicle booked via Get-e Technology.
  18. Personal Data: Any Client or Passenger personal data which Get-e processes in connection with these Terms or under a Master Agreement.
  19. Service Agreement: A contract of transport entered INTO solely between the Client and Partner for each Transfer Service booked via Get-e Technology.
  20. Service Fee: The amount paid to Get-e by the Client for the use of the Get-e Technology and providing the arranging and booking service. The Service Fee is in addition to the Amount Due which Get-e does not pass on to the Partner;
  21. Transfer Service: Transport of one or more Passengers with pick-up and drop-off locations where the Driver meets the Passengers at the confirmed meeting point and pick-up time and drives the Passengers to the confirmed destination(s). Vehicles and Drivers are exclusively reserved for one booking and will adhere to the confirmed pick-up and drop-off locations.
  22. Vehicle / Vehicle Type: a private transportation vehicle owned or operated by the Partner that is fully licensed, insured and authorised to carry out Transfer Services under the applicable laws;
  23. Website: Get-e.com.
2. In the Get-e terms and conditions:
  1. use of the singular includes the plural and vice versa;
  2. any references to a “person” or “entity” shall be construed so as to include any individual, firm, company or other body corporate, government, state or agency of a state, local or municipal authority or government body or any joint venture, association or partnership (whether or not having separate legal personality);
  3. any reference to a statute, statutory provision, subordinate legislation, code or guideline (“legislation”) is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
  4. any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
  5. “in writing” includes email unless otherwise indicated.
3. These Terms are only available in English. No other language will apply to these Terms.
Get-e’s role
1. GET-E acts as a non-exclusive agent of Partners. All Transfer Services are provided by Partners and Get-e does not own or operate any of the Transfer Services.
2. Get-e operates the Get-e Technology which enables Clients to search and book Transfer Services. Through the Get-e Technology Get-e obtains and provides information about the Transfer Services, arranges and books Transfer Services on a Partner’s behalf, agrees payment terms between the Client and a Partner and arranges for the Client to enter into a Service Agreement with a Partner. Get-e also provides an operational services centre which helps Clients manage Orders and assists in dealing with complaints. Get-e charges a Service Fee for its role.
3. When a Client requests a Transfer Service through the Booking Platform, Get-e will offer the requested Transfer Service to one of its Partners which has either been pre-agreed to provide the Transfer Service for the Client or is deemed suitable to carry out such request. Once the chosen Partner agrees to provide the Transfer Service, the Transfer Service will be provided exclusively by the Partner to the Client and will be provided under a separate Service Agreement.
4. This means that when the Client places a booking for a Transfer Service, the Client enters into:
  1. with Get-e, either:
    1. contractual provisions which apply in addition to the Master Agreement. These additional provisions are these Terms; or
    2. if there is no Master Agreement, a new contract with Get-e which consists of the Get-e terms and conditions; and
  2. a Service Agreement with the Partner which is available <here>. A new Service Agreement is created between the Client and the Partner for each Transfer Service and is formed when the Partner confirms a booking with Get-e through the Get-e Technology.
Get-e’s Obligations
1. Get-e shall arrange Transfer Services in accordance with the degree of skill and operating practice which would be expected from an experienced provider of such services.
2. Get-e shall use its best endeavours to ensure that Transfer Services are performed by an insured, authorised qualified, skilled, experienced and suitable Partner. Get-e will ensure that each Transfer Service is carried out by the most suitable Partner.
3. Get-e shall use its best endeavours to ensure that all Vehicles and Drivers of its Partners are fully licensed and insured in accordance with the local law of where the Partner is operating and/or based.
4. Get-e will arrange Transfer Services in accordance with the specification booked by the Client via Get-e Technology. If any material element of the booking is not available, clause 6.6 will apply.
Account creation
1. Prior to making any booking for a Transfer Service, the Client will first open an Account with Get-e and Get-e shall allocate the Client an Account Number.
2. The Client can only register an Account with Get-e if it is acting for purposes relating to their trade, business, craft or profession, and they represent and warrant that:
  1. they have full legal authority to bind their employer or that business; and
  2. they agree to the Get-e terms and conditions on behalf of the business that they represent.
3. When the Client registers an Account, they will be asked to provide certain information and create a password as part of Get-e’s security procedures. The Client is responsible for ensuring Account details and passwords are confidential and they must not disclose them to any third party. The Client can only register one Account per email address.
4. The Client is liable for any unauthorised use of their Account login details.
Booking Process
1. When making a booking for a Transfer Service, the Client must specify:
  1. the flight number;
  2. the local date and time for the requested Transfer Services;
  3. the pick-up collection address;
  4. the drop-off destination address;
  5. number of Passengers;
  6. amount and type of luggage;
  7. the Vehicle Type required;
  8. if applicable, Client’s own reference for the Transfer Service; and
  9. any special requirements or requests relating to the Transfer Service.
2. The Client is responsible for ensuring that the details of each request for a Transfer Service are complete and accurate and the Client should check the booking carefully before confirming it. Get-e and its Partner shall not be liable for any losses caused by incomplete, incorrect or inaccurate details of the Transfer Service entered by the Client.
3. Submission of a booking for a Transfer Service via Get-e Technology shall constitute an offer by the Client to purchase a Transfer Service from a Partner.
4. No booking shall be deemed to be accepted by the Partner until it is confirmed via Get-e Technology and at that point a Service Agreement shall come into effect. The Client shall receive a booking confirmation as evidence of a confirmed Transfer Service.
5. A Partner may, in its reasonable discretion, refuse to accept any booking for a Transfer Service. Any such refusal shall be communicated as soon as possible to the Client via Get-e Technology.
6. If any material element of a Transfer Service requested by a Client is not available (e.g. Vehicle Type), Get-e will offer an alternative to the Client who has discretion whether to accept it.
7. Each Transfer Service shall be assigned a booking reference number, which shall be visible in the booking confirmation. Each Party shall refer to the booking reference number in any subsequent communications relating to the Transfer Service.
8. Any pick-up or journey times stipulated by Get-e Technology are best estimates only and while Partners use reasonable efforts to undertake Transfer Services in the shortest time possible, Get-e [and Partners] shall have no liability if a pick-up or journey time exceeds any given estimate or otherwise exceeds Clients’ or Passengers’ expectations for whatever reasons.
9. Under no circumstances shall the Client book a Transfer Service directly with a Partner without using Get-e Technology. A Client shall not share its contact information with the Partner directly or indirectly. A breach of this clause shall be treated as a material breach allowing Get-e to terminate this Agreement with immediate effect.
Booking Conditions
1. Luggage: Each Passenger may bring one suitcase and one item of regular hand luggage for each Transfer Service. If in the reasonable opinion of the Driver, the luggage amounts are excessive in weight and pose a threat or danger to the Driver, the Vehicle or Passengers, the Driver may refuse to carry such luggage.
2. Passenger Behaviour: The Driver reserves the right to reasonably refuse to carry any Passenger who is thought to be under the influence of alcohol and/or drugs or whose behaviour is considered to pose a threat to the Driver, the Vehicle, or other Passengers.
3. During the Transfer Service Passengers must wear a seatbelt and are not permitted to:
  1. smoke, consume alcohol and/or drugs or engage in any illegal activity;
  2. carry any animal (except for registered guide dogs) save for where permission was granted at the time of booking, and where permitted, such animal must be carried in a suitable box or cage or appropriately restrained.
4. Vehicle damage: The Partner reserves the right, in its reasonable discretion to cancel or refuse to carry out any Transfer Service where in the reasonable opinion of the Driver the Passenger is in breach of any of the booking conditions set out in this clause 7.
5. The Client will be held responsible for any direct damage to the Vehicle, its fittings or equipment, caused through negligence, misconduct or any breach of this clause by a Passenger.
6. Get-e may charge the Client repair or cleaning costs in the event of any spillage, soiling, contamination or damage to a Vehicle caused by a Passenger’s negligence or wilful misconduct. Get-e will notify the Client of any such costs if it is notified of such by a Partner following the completion of a Transfer Service.
7. Waiting time and Passenger No Show: The following waiting time is included in the price shown for a Transfer Service on a booking confirmation, which starts from the booked pick-up time (“Included Waiting Time”):
  1. 30 (thirty) minutes for a pick-up from an airport;
  2. 15 (fifteen) minutes for any other pick-up.
8. Unless notified by the Client or Passengers, the Driver will be released, and the Transfer Service will be marked as a passenger-no-show if the Passengers are not available for pick-up after the Included Waiting Time. A passenger-no-show will still be charged in full.
9. If the Client or Passengers request the Driver to wait for longer than the Included Waiting Time, additional waiting time costs will be charged for the total amount of waiting time incurred.
Lost items
1. Passenger property is carried at the Passenger’s own risk on each Transfer Service. Get-e and the Partner shall not be responsible for any loss or damage to the Passenger’s property during a Transfer Service.
2. Get-e and the Partner shall not be responsible for any property left by the Passenger in the Vehicle. Where property is found, Get-e and its Partner will use their best endeavours to return the property to the Passenger or will store it for a period of 1 (one) month. If it is not claimed by the end of that period, Get-e or the Partner will be entitled to deal with it appropriately at its discretion.
Charges, Invoices and Payment
1. For each Transfer Service the Client will pay the Charges to Get-e. Get-e shall pay the Amount Due to the Partner.
2. The Charges shall be quoted in either EUR, GBP or USD and shall be inclusive of VAT and other sales taxes.
3. If the Client wishes to change the scope of the Transfer Services after Get-e accepts an Order, and Get-e agrees to such change, Get-e will modify the Charges accordingly.
4. It is always possible that despite Get-e’s reasonable efforts, some of the Transfer Services shown on the Booking Platform may be incorrectly priced. In such circumstance:
  1. if the correct price for the Transfer Services is less than the price stated on the Booking Platform, Get-e will charge the Client the lower amount;
  2. if the correct price of the Transfer Services is higher than the price stated on the Booking Platform, Get-e will contact the Client in writing as soon as possible to inform the Client of this error and Get-e will give the Client the option of continuing with the Order at the amended price or cancelling the Order. Get-e will not process the Order until it has Client instructions. If Get-e are unable to contact the Client using the contact details provided during the order process, Get-e will treat the Order as cancelled and notify the Client in writing. If Get-e mistakenly accepts and processes the Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as mispricing, Get-e may cancel the Order and refund the Client any sums it has paid.
5. Get-e reserves the right to charge the Client a surcharge for all Transfer Services made during the Christmas Period. Such a surcharge will be communicated during the booking process and will form part of the Charges.
6. Get-e shall invoice the Client weekly in arrears or in accordance with the Master Agreement if different. All invoices will include all incurred Charges relating to Transfer Services made under the Account Number in the period concerned.
7. Get-e will send invoices by email to the email address notified by the Client. The Client shall pay each invoice in full and in cleared funds, within 10 (ten) Business Days of the date of the invoice.
8. In the event of any dispute concerning the calculation of the Charges, such dispute shall be raised in writing within 7 (seven) Business Days of the date of the receipt of invoice and the Client shall pay any amount not in dispute. Where no dispute is raised within this time period the Client shall be deemed to accept the amount invoiced as being properly calculated and due and payable.
9. The Charges are payable to Get-e through Get-e Technology. The Client or Passengers shall not make any payments for Transfer Services directly to the Partner.
10. The preferred method of payment is by bank transfer to the bank account as notified to the Client by Get-e.
11. Get-e uses third-party payment service providers (such as Ayden and Stripe) to process payments and because there are so many factors beyond Get-e’s control (such as delays in the banking system or in card networks), Get-e cannot predict or guarantee the amount of time needed to complete the processing of the Client’s payment.
12. Get-e takes reasonable care to ensure that its payment facility is available and functioning at all terms but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can Get-e guarantee that the payment facility is virus or error free. Access to the payment facility may be occasionally restricted for repairs, maintenance or the introduction of new facilities or services.
13. Get-e will do whatever it reasonably can to ensure that all of the information the Client provides when paying for the Transfer Services is secure. However, in the absence of negligence on Get-e’s part, Get-e will not be legally responsible to the Client for any loss that the Client may suffer if a third-party gains unauthorised access to any information that the Client provides to Get-e at the time.
Changes and Cancellations to Transfer Services
1. Get-e reserves the right to amend the specification of a Transfer Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Transfer Service. Get-e will notify the Client in advance of any such amendment.
2. Subject to clause 10.5 the Client may amend (via Get-e Technology) any Transfer Service up to 3 (three) hours prior to the scheduled pick-up time without incurring any additional charges. Additional charges may be charged to the Client for any amendment made within 3 (three) hours prior to the scheduled pick-up time.
3. Each request to amend a Transfer Service shall be treated as a new offer from the Client and subsequently a new Service Agreement will be entered into if approved by the Partner. Get-e shall endeavour, but without any guarantee, to find another suitable Partner to carry out the amended Transfer Service should the previous Partner be unable to accommodate the amended booking for whatever reason.
4. Unless agreed otherwise, the Client can cancel or amend a Transfer Service without charge up to 180 minutes before the scheduled pick up time specified in the Order. After this time, the Client will be charged the full Charges for the Transfer Service.
5. For the following bookings, the Client must amend or cancel a Transfer Service at least 12 (twelve) hours before the scheduled pick-up time:
  1. Long distance rides of 70km or more;
  2. Bookings for business and executive vehicles.Any cancellation requests received within 12 hours of the scheduled pick-up time will be charged the full Charges for the Transfer Service; and
  3. Bookings for vehicles that can transport over 8 passengers.
6. For all other Orders, the Client can cancel a Transfer Service without charge up to 3 hours before the scheduled pick up time. After this time, the Client will be charged the full Charges for the Transfer Service.
7. If the Client cancels an Order and is still liable for the full Charges in accordance with this clause, Get-e will endeavour to waive some or all of the charges with its Partners.
Account Suspension
1. Get-e reserves the right to suspend the Client’s Account and access to the Get-e Technology for the following reasons:
  1. if the Client or Passenger(s) fails to comply with the Get-e terms and conditions and the terms of the Master Agreement (where applicable) or if Get-e reasonably believes such a failure has occurred;
  2. if Get-e is notified by a Partner, after a completed booking, that there had been issues with a Passenger’s behaviour; or
  3. if Get-e become aware of any fraudulent use of the Get-e Technology.
2. If the Client’s Account is suspended, the Client has the right to appeal the decision by email to Get-e sent within 72 hours, following which Get-e will review the relevant facts and re-consider the decision to suspend.
3. If the appeal is successful, Get-e will reinstate the Client’s Account.
4. If the appeal is unsuccessful, Get-e will terminate the Account on a permanent basis and the provisions in clause 13 will apply.
Termination
1. Where a Master Agreement exists between the Client and Get-e, the termination provisions of that agreement will apply. Where a Master Agreement has been terminated, clause 13 will apply.
2. Where there is no Master Agreement in place between the Client and Get-e, the termination provisions in clauses 12.3 – 12.5 shall apply.
3. If there is an urgent reason, either Party can terminate this contract with immediate effect by giving written notice to the other without any obligation to pay compensation.
4. The Parties agree that any of the following situations will be considered an urgent reason:
  1. the other Party files for bankruptcy or is declared bankrupt;
  2. the other Party files for or has been granted a (provisional) moratorium;
  3. the other Party commits any material breach (as defined below) of any obligation under this contract;
  4. the other Party initiates actions to be liquidated or dissolved;
  5. the other Party ceases the operation of its current business;
  6. one Party is unable to pay its debts as they fall due;
  7. a significant part of the assets of the other Party has been attached or possessed or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of that Party’s assets and this attachment or process has not been lifted or discharged within 14 (fourteen) Business Days.
5. The following situations will be considered a material breach which will give each Party the right to terminate, in accordance with 12.4.3:
  1. an event (or series of events), which has or is likely to have a material adverse effect on a Party’s ability to perform its obligations under these Terms;
  2. breach of clause 6.8;
  3. if a Party is in breach of any other clauses of the Get-e terms and conditions and such breach is not remedied within 21 (twenty-one) Business Days from the date of notice from the other Party.
Consequences of Termination
1. Upon termination of the Client Account and Master Agreement (where applicable), howsoever arising:
  1. the Client will no longer have access to the Get-e Technology;
  2. the Client shall pay to Get-e all outstanding unpaid undisputed invoices and properly incurred interest (if applicable) in respect of Transfer Services supplied but for which no invoice has yet been submitted;
  3. any Transfer Service accepted by Get-e prior to the date of termination that is to occur after the date of termination shall also terminate, unless Get-e, in its reasonable discretion, agrees to continue to arrange those Transfer Services. In such circumstances, Get-e shall submit an invoice upon the arrangement of the Transfer Service which shall (in the absence of a good faith dispute) be payable by the Client;
  4. any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination, including the right to claim direct damages in respect of any breach of these Terms and/or the Master Agreement, which existed at or before the date of termination, shall not be affected.
2. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Liability
1. As described in clause 3, Get-e’s role is as an agent for the Partner and Get-e does not provide any Transfer Services itself.
2. Get-e is not liable or responsible for the fulfilment of any Transfer Service or the performance of the Partner.
3. Get-e is not liable to the Client or any Passengers and accepts no liability for the performance, non-performance delay or any losses the Client may incur arising from the provision of the Transfer Services. The Partner shall be liable for any non-performance, delay and any other damages that arise from each Transfer Service under a Service Agreement.
4. Each Transfer Service is carried out under a Service Agreement concluded between the Client and the Partner. The Client may assert any claims relating to the Transfer Service directly against the Partner whose liability is set out in the Service Agreement.
5. Get-e’s responsibility and liability is limited to arranging, booking and making payment for Transfer Services between the Client and the Partner under these terms and/or the Master Agreement (if applicable).
6. Get-e’s total aggregate liability to the Client howsoever caused is limited to the total Charges paid by the Client in the 3 (three) months immediately preceding the date on which the liability arose.
7. To the fullest extent permitted by the law, neither Party shall have any liability to the other Party in any way whatsoever for any liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Agreement.
8. Get-e does not exclude or limit in any way Get-e’s liability to the Client where it would be unlawful to do so. This includes liability for:
  1. Death and personal injury caused by Get-e’s negligence or the negligence of Get-e’s employees, agents or sub-contractors; and
  2. Fraud or fraudulent misrepresentation.
9. Get-e is not liable for any business losses. Get-e will have no liability to the Client for any loss of profit, loss of business or income, business interruption, loss of anticipated savings, loss of data or loss of business opportunity, even if such losses were foreseeable.
10. Get-e’s liability is limited as set out in clauses 6.2, 8, and 11.5.
11. Neither Party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations in accordance with these Terms due to a Force Majeure Event. If the Transfer Services will be delayed by a Force Majeure Event then Get-e will contact the Client as soon as possible to let them know and Get-e will take steps to minimise the effect of the delay. This clause shall only apply to the obligations owed by each Party under the relevant Order.
Intellectual Property Rights
1. In this clause, “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals, extensions of, such rights and all similar or equivalent rights or forms or protection which may now or in the future subsist in any part of the world.
2. Nothing in this Agreement shall transfer the ownership of any Intellectual Property Rights belonging to one Party to the other or grant any licences in any intellectual property rights other than as set out in the Get-e terms and conditions.
3. The Client (or its licensors) shall own and retain all Intellectual Property Rights in or relating to Client’s logos, brand names, materials, technologies and products.
4. Get-e (or its licensors) shall own and retain all the Intellectual Property Rights in or relating to the Get-e Technology and all Get-e logos, brand names, materials, technologies and products.
5. The Client may not without Get-e’s prior written consent (except to the extent required in order to use the Get-e Technology in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayed or performed on or within the Website and/or the Get-e Technology, or systematically extract such content or in any way use or exploit commercially any such content.
6. The Client acknowledges that Get-e is the sole and exclusive owners of any and all anonymised data relating to or obtained by the Client’s use of the Get-e Technology and that such anonymised data can be used by Get-e for commercial, development and research purposes.
7. For marketing and/or promotional purposes, either Party may use the other Party’s logos and other trademarks with prior written consent of that Party. Such consent is revocable and may be conditional on compliance with any applicable guidelines or standards.
Data and Privacy Protection
1. The Parties acknowledge that they will each be considered independent data controllers within the meaning of applicable Data Protection Laws.
2. The Client will normally be the data importer and Get-e will normally be the data exporter. Each Party is responsible for their own processing of Personal Data, and that their own processing is in accordance with relevant Data Protection Laws. Get-e will process Personal Data in accordance with its Privacy Policy (available <here>).
3. Each Party (the indemnifying Party) shall indemnify and hold the other (the indemnified Party) harmless from any cost, charge, damages, expense or loss which the indemnifying Party causes to the indemnified Party as a result of its breach of any Data Protection Laws, except to the extent that any such liability arises from or in connection with any breach by the indemnified Party of any of its obligations under relevant Data Protection Laws.
Confidentiality
1. Confidential information is any information or document which by its nature is confidential (such as Intellectual Property Rights and information of commercial value) and/or when it is reasonable to assume that confidentiality regarding such information will be in the interest of the disclosing Party, its affiliates and/or clients.
2. Each Party shall:
  1. keep confidential all confidential information of the Party which discloses it in connection with these Terms and the Master Agreement (if applicable);
  2. apply to all confidential information no lesser security measures or degree of care than that which it takes in protecting its own confidential information and in any event no less than that which a reasonable person or business would take in protecting its own confidential information;
  3. only use such confidential information as is strictly necessary for the performance of, or exercise of its rights under these Terms and/or the Master Agreement (if applicable);
  4. not disclose confidential information to any third party (other than its professional advisers, officers, employees, agents, contractors and subcontractors on a ‘need to know’ basis as strictly required for the purposes of these Terms and/or the Master Agreement (if applicable) and subject to each such person being bound by an obligation of confidentiality equivalent to this clause 17); and
  5. promptly, upon request and, in any event, upon termination of the Get-e terms and conditions or the Master Agreement (if applicable), for whatever reason, return to the other Party all material (in whatever form) incorporating, embodying or recording any confidential information of the other Party in its possession or control and, if requested by the other Party, certify in writing that it has done so.
3. Either Party may disclose the other’s confidential information to the extent required by law or by any court, tribunal, regulator or other authority with competent jurisdiction to order its disclosure (but only to the extent of such requirement).
Variation of these Terms
1. immediately on notice to the Client if there is a change in any applicable law or regulation or there are security reasons to do so; or
2. on at least 30 days’ advance written notice to the Client for other reasons.
Entire Agreement
1. These Terms, the Master Agreement (if applicable) and any other documents referred to in them (other than Service Agreements) are the entire agreement between the Client and Get-e in relation to its subject matter. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty that is not set out in these Terms or the Master Agreement (if applicable) or any other documents referred to in them.
Notices
1. 1. Any notice given to Get-e under or in connection with these Terms shall be in writing and shall be delivered by email to sales@Get-e.com.
  2. Any notice shall be deemed to have been received at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
  3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
General
1. Severance: If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.
2. Waiver: A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. If Get-e do not exercise or enforce any legal right or remedy, which may be available to them, this will not be taken to be a formal waiver of Get-e’s rights
3. Rights and remedies: Except as expressly provided in the Get-e terms and conditions, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
4. Assignment: Get-e may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms. The Client may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms without the prior written consent of Get-e.
Governing Law and Jurisdiction
1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands.
2. Any dispute or claim arising out of or in connection with these Terms or any related contracts shall first be settled between directors or other senior managers of Get-e and the Client with the authority to do so. They shall meet in a good faith within 7 (seven) Business Days from a written request from one Party to settle the dispute.
3. If the dispute is not fully settled within 30 (thirty) Business Days from the meeting of directors or senior managers, the dispute shall be submitted to a competent court in the Netherlands.
4. Complaints
  1. Any questions or comments regarding these Terms or the provision of the Transfer Services should be sent by email to operations@Get-e.com.
  2. The Client should contact Get-e as soon as possible, and within 7 days, if it has any complaints regarding the Get-e terms and conditions or the provision of the Transfer Services.
  3. Get-e will try to resolve any disputes with the Client quickly and efficiently and:
    1. Get-e will acknowledge written complaints in two (2) hours and aim to respond with a resolution within seventy-two (72) hours.
    2. Get-e will aim to resolve any complaints it receives via phone or live chat immediately.

Last updated September 2022