Effective Date: April 2022
Welcome to the website https://join.getir.com/us. Please read the following terms and conditions carefully before using this site.
1. What's in these terms?
2. Our information and how to contact us
2.1 The Services are operated by Getir US, Inc. ("we", "our", "us") and our affiliated companies ("Affiliates").
2.2 We provide a rapid delivery grocery service.
3. Acceptance of these terms and use of the Site
3.1 THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND SERVICES. 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 OR SERVICES.
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 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 and Services, 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 Services, 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.
3.3.3 The information provided on this Site and Services does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You should contact your attorney to obtain advice with respect to any particular legal matter. You should not act or refrain from acting on the basis of information on this Site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
4. Acceptable Use Policy
4.1 You may browse the Site, all associated content and the Services solely for your personal use. The Site, the Services 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 and Services is correct, current, and complete.
4.3 You may use the Site and Services only for lawful purposes. You may not use the Site or Services:
(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 or Services you may not:
(a) Reproduce, duplicate, copy or resell any part of the Site or Services in contravention of the provisions of these Terms.
(b) Access without authority, interfere with, damage, or disrupt:
(i) any part of the Site or Services;
(ii) any equipment or network on which the Site or Services are stored;
(iii) any software used in the provision of the Site or Services; 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 the Site and Services:
(b) if you visit other Getir sites or applications, other terms and conditions and privacy and cookie notices apply on those sites and applications. In addition, when you apply for a job vacancy offered by Getir via a third-party candidate portal, third party terms and conditions may apply to you and we recommend that you consult them.
6. Accessibility to the 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 email@example.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 and Services following our posting of any changes to these Terms means that you accept and agree to those changes.
8. Changes and updates to the Site and Services.
We will not be liable if, for any reason, all or part of the Site or Services 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) and Services with or without notice. We undertake no obligation to update, amend, or clarify information on the Site and Services , except as required by law. No specified update or refresh date applied on the Site and Services should be taken to indicate that all information on the Site and Services has been modified or updated. Please remember when reviewing information on the Site and Services 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 and Services 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 the Site and Services
9.1 The Site and Services is made available free of charge on a temporary basis.
9.2 We do not guarantee that the Site and Services, 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 the Services 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 the Site and Services 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, the Site and Services 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 and Services 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 the Site and Serevices
12.1 When accessing and using the Site and Services, you agree to respect the intellectual property rights of others.
12.2 All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site and Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site or Services 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 and Services 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 or Services. Our status (and that of any of our Affiliates) as the creators of content on the Services must always be acknowledged.
12.4 If you print any part of the Site or Services, your right to use is limited strictly to your personal use and will cease immediately if use for any other purpose.
THE SITE AND SERVICES ARE 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 OR SERIVES 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 the 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 OR SERVICES. 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 and Services. 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
18. We are not responsible for viruses and you must not introduce them
18.1 We do not guarantee that the Site or Services 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 the Site and Services. You should use your own virus protection software.
18.3 You must not misuse the Site or Services 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 the Site or Services, the server on which the Site is stored or any server, computer, or database connected to the Site. You must not attack the 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 the Site will cease immediately.
19. Rules about linking to the Site
19.1 You may link to the 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 the Site on any website that is not owned by you.
19.4 The Site must not be framed on any other Site, nor may you create a link to any part of the 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 the Site other than that set out above, please contact firstname.lastname@example.org.
20.1 These Terms will take effect on the date you accept the Terms or begin using the Services (whichever is sooner) and will continue until you no longer use the Services, 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 Services, 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.
23. Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site and Services 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 registered trademark of Getir Perakende Lojistik A.Ş.