Last update or Version: October 2021
GETIR TERMS OF USE PLEASE NOTE: THESE TERMS OF USE ARE FOR USERS BASED IN PORTUGAL ONLY. IF YOU ARE USING OUR WEBSITE OR OUR APP OUTSIDE OF PORTUGAL, DIFFERENT TERMS OF USE WILL APPLY BASED ON YOUR LOCATION. THE APP WILL DISPLAY THE APPLICABLE TERMS OF USE TO YOU BASED ON YOUR LOCATION.
Please read these terms and conditions carefully before using this site and our services.
1.1 These terms tell you the terms of use for using our website at www.getir.com/pt ("Site") and the Portuguese version of the Getir app available to download from the App Store and Play Store at https://apps.apple.com/app/getir-groceries-in-minutes/id995280265 and https://play.google.com/store/apps/details?id=com.getir ("Application") respectively (together “Services”) whether as a guest or a registered user.
2.1 The Services are operated by GETIRPT, Unipessoal Lda. ("we", "our", "us") and our affiliated companies ("Affiliates"). We provide a rapid delivery grocery service.
2.2 Our details, for anything you may need, are provided below:
Company’s name: GETIRPT, Unipessoal Lda.
NIPC: 516 569 201
Registered address: Avenida da Liberdade, 249, 1.°, 1250-143 Lisboa, parish of Santo António, municipality of Lisboa
2.3 To contact us, please email ola@getir.com or telephone our customer service line on +351 300 600 396.
3.1 By using our Services, you agree to be bound by these terms of use and you agree to comply with them.
3.2 If you do not agree to these terms, you must not use our Services.
3.3 Access to our Services is provided on a temporary basis and we reserve the right to withdraw or suspend access at any time as set out below.
3.4 The Services are intended for persons over 18 years old. You must not use the Services if you are under the age of 18, unless consent is given or authorized by the holder of parental responsibility over the child.
4.1 These terms of use refer to the following additional terms, which also apply to your use of our Services:
5.1 We amend these terms from time to time. When we make changes, we will post those in a new terms of use agreement available at any time when using the Services. Your use of the Services following any such modification constitutes your agreement to the terms of the modified terms of use. You should visit this page periodically to learn of any changes to these terms of use.
5.2 As it will be described in the Terms and Conditions of Service under no circumstance, we will change the conditions you accepted once you accepted the service or purchase. The new conditions shall only apply in case of new purchases or contracting of new services.
6.1 We may update and change our Services from time to time to reflect changes to our products, our users' needs and our business priorities, without notice. Any of the content on our Services may be out of date at any time and we are under no obligation to update or maintain such content.
7.1 Our Services are made available “as is”, free of charge.
7.2 We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site and Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.3 We will not be liable if, for any reason, our Services are unavailable at any time for any period.
8.1 We may transfer our rights and obligations under these terms to another organisation. If this happens, we will ensure that the transfer will not affect your rights under the contract and that the provision of services will be carried out under the same conditions and, if not, we will alert about this in order for you to decide whether to continue or not.
9.1 These terms are directed to people residing in Portugal. We do not represent that content available on or through the Portuguese version of the Services is appropriate for use or available in other locations. Where you are based outside of Portugal, please review the relevant terms and conditions that are applicable to your locations.
10.1 You do not have to register to access and visit our Services. However, you must register for an account in order to access the full features of the App, including but not limited to the ability to purchase products through the App.
10.2 To register, you must create a user account which requires you to provide the sections required for registration, namely: your mobile number, your full name and email, as well as a chosen password. When creating a user account, you must provide accurate, complete and updated registration information. Before proceeding with registration, we advise that you read and accept our Mobile App Privacy Notice.
10.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
10.4 We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Subject to our security obligations described in Our Website Privacy Notice, Our Mobile App Privacy Notice , Our Website Cookie Notice, and Our Mobile App Cookie Notice, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Except in the case of a data breach due to us, you are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Services using your user account, and for all activities that occur under your user account. You may not sell or otherwise transfer your profile or account or any portion thereof.
10.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have infringed any of the provisions of these terms of use which may result in loss or damage to our customers, other users, the company or our suppliers.
10.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ola@getir.com. We will not be responsible for any losses caused by any unauthorized use of your user account caused by your negligence.
11.1 All information, text, images, photographs, graphics, logos, animations, videos, music, user interface and other content and materials in our Services are our property or our licensors’ property. Those works are protected by intellectual property rights, including copyright, laws and treaties around the world. All such rights are reserved.
11.2 "Getir" is a WIPO registered trademark of Getir Perakende Lojistik A.S. You are not permitted to use the trademark without our approval. This trademark (including but not limited to its word and logo), and other trademarks, service marks, trade names, and trade dress indicated on our Services are our trademarks or registered trademarks. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted, is expressly prohibited, and nothing stated or implied on the Services grants on you any license or right under any patent or trademark owned or controlled by us or any third party.
11.3 You are not permitted to copy, download, reproduce, modify or distribute all or extracts of any contents from our Services. You cannot frame or use framing techniques, scrapping or similar techniques to enclose any trademark, logo, content or other proprietary information or content, to exploit content without having our express and explicit consent.
11.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.5 Our status (and that of any of our Affiliates) as the authors of contents on our Services must always be acknowledged.
11.6 You must not use any part of the content on our Site and Services for commercial purposes without obtaining a licence to do so from us.
11.7 If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Site and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12.1 The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
12.2 Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date.
12.3 We therefore disclaim all liability and responsibility arising from any such reliance placed on such content on our Site or accessible via the Services by any user or by anyone who may be informed by any of the content.
13.1 Where our Services contains links to other sites and services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked website and services or information you may obtain from them. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party sites and services and resources.
13.2 We have no control over the contents of those sites and services or resources.
13.3 We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party other than our subcontractors or service providers.
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation in your use of the Services.
14.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of service.
14.3 Please note that we only provide our Services for domestic and private use. You agree not to use Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.1 We will process certain data when you access and use our Services but we will only process your personal data as set out in our Website Privacy Notice, Mobile App Privacy Notice , Website Cookie Notice and Mobile App Cookie Notice.
16.1 We do not guarantee that our Services will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. Unless otherwise provided by mandatory applicable laws or by the Website Privacy Notice, the Mobile App Privacy Notice , the Website Cookie Notice and the Mobile App Cookie Notice, we assume no liability for any computer virus or other similar software code that is downloaded to your computer from the public networks.
16.3 You must not misuse our Services by knowingly violating or attempting to violate the security of the Sites, including by:
17.1 You may use our Services only for lawful purposes. You may not use our Site and Services:
17.2 You also agree:
18.1 If we are declared not liable for any damage or loss due to the above in a judicial or extrajudicial proceeding, by a Court, Tribunal or competent administrative Public Entity, and the user is, we will be able to recourse against the user all the amounts we had to pay and bear, including consequential damages and lost profits, and any costs or charges we had to face, including taxes, fees, lawyers, solicitors, experts, arbitration, travel, stays, and any other.
18.2 We reserve the right to disclose confidential information that users have communicated to us when required by law, regulation, rule, ordinance and/or any other legal mandate, court order or governmental request.
19.1 You may link to our 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 Services in any website that is not owned by you.
19.4 Our Services must not be framed on any other site and services, nor may you create a link to any part of our Services 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 14 above.
19.7 If you wish to link to or make any use of content or corporate identity on our Site and Services other than that set out above, please contact ola@getir.com.
20.1 We may terminate your account at any time if you breach these terms of use with or without notice.
20.2 You may also terminate your use of the Services at any time, provided that the relevant provisions of this terms of use, including ownership provisions, warranty and disclaimers shall survive any such termination and apply for the time you were using our Services.
21.1 The document reproducing these terms of use is stored on a durable medium in the form of an image under conditions of security usually considered as reliable. You may at any time make an electronic backup or a paper printout of these terms of use when sent to you as part of the order confirmation email. In this respect, these terms of use shall be considered as an evidence of an agreement between you and us. You acknowledge that the evidential value of this document cannot be challenged by the mere fact that it is in electronic form.
21.2 Our failure to enforce any provision of these terms of use, or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these terms of use or to act with respect to similar breaches.
22.1 All our notices and legal policies associated with the Site and the Application, in each and every one of their terms, are governed by Portuguese legislation and regulations, among others, those mentioned herein: Decree-Law no. 7/2004 of January 7th on Electronic Commerce in the Internal Market and Personal Data Processing, Law no 58/2019, of August 8th on Personal Data Protection the European Data Protection Regulation 2016/679, and, when applicable Law no. 24/96 of July 31st on Consumer Defense and other complementary laws applicable to the Site, the Application and the Services.
23.1 These terms are written in Portuguese. In the event that they are translated into other languages, only the Portuguese text will be deemed binding in case of a dispute.
23.2 If you are a consumer, please note that these terms of use, their subject matter and their formation are governed by Portuguese law and you can bring legal proceedings in respect of the use of the Services in the Portuguese competent courts.
23.3 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Portuguese law. We both agree to the exclusive jurisdiction of the courts of Lisbon.