GETIR WEBSITE TERMS OF USE

Effective Date: November 2021

Please read the following Website Terms of Use carefully before using this site and our services.

1. What's in these terms?

These Website Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the “Terms”), set forth a legally binding agreement between you (“you” or “your”) and Getir US, Inc. (“we,” “us,” or “our”). These Terms govern your use of our website located at https://getir.com/us (the “Site”).

2. Our information and how to contact us

2.1 The Site is operated by Getir US, Inc. ("we", "our", "us") and our affiliated companies ("Affiliates").

2.2 We provide a rapid delivery grocery service. 

2.3 To contact us, please email hello@getir.com or telephone our customer service line on +1 (844) 479-1414.

3. Acceptance of these terms and use of our Site

3.1 THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY USING THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.

3.2 In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain content or services that may be offered or made available to you through the Site, may require you to accept additional terms and conditions as noted herein (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms by this reference.

3.3 By accessing or using the Site, you also agree to, acknowledge, and represent as follows: 

3.3.1 You will comply with all applicable federal, state or local laws in using the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our Affiliates in violation of any applicable law. 

3.3.2 You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.

4. Acceptable Use Policy

4.1 You may browse the Site and all associated content solely for your personal use and enjoyment. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 

4.2 To access parts of the Site or some of the content and resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.  

4.3 You may use our Site only for lawful purposes. You may not use our Site:

  (a) In any way that breaches any applicable local, national, or international law or regulation.

  (b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

  (c) For the purpose of harming or attempting to harm minors in any way.

  (d) To bully, insult, intimidate, or humiliate any person.

  (e) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.

  (f) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

  (g) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.4 In addition, when accessing or using the Site you may not:

  (a) Reproduce, duplicate, copy or resell any part of our Site in contravention of the provisions of these Terms.

  (b) Access without authority, interfere with, damage, or disrupt:

    (i) any part of our Site;

    (ii) any equipment or network on which our Site is stored; 

    (iii) any software used in the provision of our Site; or 

    (iv) any equipment or network or software owned or used by any third party.

Any violation of system or network security may subject you to civil and/or criminal liability.

5. Other terms that may apply to you

These Terms refer to the following Additional Terms, which may also apply to your use of our Site:

  (a) Our Mobile App Privacy Notice.

  (b) Our Website Privacy Notice. 

  (c) Our Terms and Conditions of Service will apply to purchases of goods and delivery from our App.

  (d) Our Terms of Use will apply to the use of our App.

6. Accessibility to our Site

If you have difficulty using or accessing any element of the Site or if you have any feedback regarding accessibility of the Site, please feel free to contact us at hello@getir.com. 

7. We may make changes to these terms

We will provide notification (e.g., through e-mail, other communication, or post a notification on the Site) in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site following our posting of any changes to these Terms means that you accept and agree to those changes. 

8. Changes and updates to our Site.

We will not be liable if, for any reason, all or part of the Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on the Site, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site to become inaccurate or incomplete. 

On occasion, information on the Site may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.

9. Suspension or withdrawal of our Site

9.1 Our Site is made available free of charge on a temporary basis.

9.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

9.3 You are also responsible for ensuring that all persons who access our Site through your devices or internet connection are aware of these Terms and the Additional Terms, and that they comply with them.

9.4 We will not be liable if, for any reason, our Site is unavailable at any time for any period. 

10. Transfer of these Terms to someone else

You may not assign or otherwise transfer these Terms or delegate any of your obligations specified herein, in whole or in part, without our prior written consent. Notwithstanding the foregoing, we may transfer our rights and obligations under these Terms in whole or in part and otherwise delegate our rights and responsibilities and use contractors to fulfill its obligations under these Terms. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.  

11. These Terms are only for users in the U.S.

These Terms are directed to people residing in the United States. We do not represent that content available on or through the U.S. version of the Site is appropriate for use or available in other locations. If you are based outside of the United States, please review the relevant terms that are applicable to your location(s). 

12. How you may use material on our Site

12.1 When accessing and using the Site, you agree to respect the intellectual property rights of others. As between you and us, all content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback you provide to us relating to the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. If you provide us with any feedback on or comments regarding the Site, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you. We reserve all rights not expressly granted to you herein.

12.2 All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.

12.3 Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site. Our status (and that of any of our Affiliates) as the creators of content on our Site must always be acknowledged.

12.4 If you print any part of our Site, your right to use is limited strictly to your personal use and will cease immediately if use for any other purpose.

13. Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OR SCOPE OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Websites and services we link to

14.1 Where our Site contains links or content to or from other sites and services and resources provided by third parties, these links are provided for your information only (“Third-Party Materials”). Such links should not be interpreted as approval by us of those linked websites and services or information you may obtain from them. You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

14.2 If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit, or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms and we are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available on such social media platforms.

15. Our responsibility for loss or damage suffered by you

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

16. Your indemnification of us

You agree to indemnify, defend, and hold harmless us, our Affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with your violation or breach of these Terms. This indemnification obligation will continue after you stop using the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

17. Personal information

You acknowledge that when you access or use our Site, we may collect or use automatic means (including, for example, cookies and web beacons) to collect information about you, your device and your use of the Site, and we will use your personal information as set out in our Website Privacy Notice.

18. We are not responsible for viruses and you must not introduce them

18.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

18.2 You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.

18.3 You must not misuse our Site by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. If you breach this provision, we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

19. Rules about linking to our Site

19.1 You may link to our Site’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

19.2 You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

19.3 You must not establish a link to our Site on any website that is not owned by you.

19.4 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

19.5 We reserve the right to withdraw linking permission without notice.

19.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at Section 4 above.

19.7 If you wish to link to or make any use of content on our Site other than that set out above, please contact hello@getir.com. 

20. Termination

20.1 These Terms will take effect on the date you accept the Terms or begin using the Site (whichever is sooner) and will continue until you no longer use the Site, or termination of these Terms by us (the “Term”). We may immediately terminate these Terms for any reason upon notice to you. Upon termination or expiration of these Terms, you must cease all use of the Site, and any rights and/or licenses from us hereunder shall immediately expire. The provisions or wording concerning our proprietary rights, disclaimer, limitation of liability, term and termination, and the miscellaneous terms will survive the termination or expiration of these Terms for any reason.

21. Which country's laws apply to any disputes?

21.1 Please note that these Terms are governed by the laws of the State of New York, U.S.A. You and we both agree that the courts of the State of New York will have exclusive jurisdiction.

22. Miscellaneous

The division of these Terms into sections and the headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. There shall be no third-party beneficiaries to these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy and Additional Terms, and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede any agreements previously existing between the parties with respect to such subject matter. 

23. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

24. Our trademarks are registered

“Getir” is a WIPO-registered trademark of Getir Perakende Lojistik A.Ş.