Terms & Conditions
Getir Perakende Lojistik A.S. (herein after referred to as “GETIR”) is a technological platform (herein after referred as “App”) that conducts retail sales to customers (herein after referred to as “Customers”) and has them delivered by couriers (herein after referred to as “Couriers” that deliver products and services. GETIR and Customer together are also referred to as “Parties”.
1. APPLICATION AND MEMBERSHIP
1.1 Customer may start to use the App in accordance with these Terms, after downloading the App, filling out the required areas for the registration, verifying their mobile phone number and logging in with his/her password.
1.2 Customer agrees that all information provided by him/her during the application is true, accurate and up-to-date in all respects and at all times. Customer may update his/her details at anytime via App.
1.3 Customer pays the order total of items that he/she requests through the app, including any delivery and/or service fee.
2. USE OF APP
2.1 After registering, verifying their phone number and logging in to App, picking items that can be delivered to the Customer, checking out, the Customer is matched with a courier that is dispatched towards the Customer. Information about the courier is provided to the Customer.
2.1.1 The given information (estimated time of arrival, the distance from the vehicle to the Customer, etc.) are estimates and may not be one hundred percent accurate however GETIR tries its best to give the most accurate information and shall not be held liable for any inaccuracy.
2.2 After placing an order, the Customer may contact the courier through the app. For issues unrelated to the assigned courier, Customer may contact Getir Customer Services for all other issues. If no communication is made, Customer accepts that the delivery will take place and that they will be charged for their order.
2.3 In the case where Customer makes the deliverer wait an excess amount of time, or makes delivery impossible by failing to show up without a valid reason, GETIR maintains the right to charge the original order total and remove the Customer from the service.
2.4 Customer is required to pay the entirety of the order total of the products/services provided, including any delivery and/or service fees.
2.5 Customer enters his/her credit card information into the App one time and this data can be used in future sessions without needing Customer to re-enter his/her credit card information. The Customer may also add alternative payment methods.
2.6 Upon placing the order, the Customer is charged the entirety of the order total. In extraordinary conditions, after calling GETIR customer services, the charged order total may be reimbursed to the Customer. This is completely at the discretion of GETIR.
2.7 GETIR maintains the right to charge the entirety of the order total and/or a cancellation fee for deliveries that are not received by the Customer for reasons that are not under the responsibilities of GETIR. This is completely at the discretion of GETIR.
2.8 Upon delivery, the Customer may tip the courier via their selected payment method. This will result in a second charge. Tipping is optional and depends on Customer satisfaction.
2.9 If the credit card being used on the App does not have a sufficient limit or the credit card payment cannot be processed for any other reason, Customer can use a previously recorded credit card or record a new credit card in order to make the payment. Customer is not matched with courier before payment is made.
2.10 Customer’s credit card information remains unknown to GETIR and is kept on MasterCard’s MasterPass infrastructure. All credit card information is kept on MasterCard’s secure servers.
2.11 In the event where Customer’s mobile phone is stolen or lost, third parties cannot access Customer’s credit card information. Customer must notify GETIR in this situation and request that his/her information be deleted. Otherwise, third parties can use the App and continue placing orders. GETIR cannot be held liable for such payments.
2.12 Customer may inform GETIR through the complaints section in the App with regard to the complaints about the assigned couriers and if evidence is present, GETIR will make the necessary warnings to couriers, removing them from the service for repeated offenses.
2.13 Customer is charged the order total by GETIR when they place an order. Customer may cancel their order with a valid reason by contacting Getir Customer Services. When orders are canceled, GETIR automatically activates the refund process. It may take up to 2-3 business days for a refunds to be processed by the credit card company.
2.14 Customer agrees not to misuse the services offered by GETIR
2.15 GETIR reserves the right to suspend or terminate Customer’s access to App in case Customer breaches these terms.
2.16 Customer agrees to use the App lawfully and properly and that he/she will be legally held liable for any unlawful action using the App. GETIR cannot be held liable directly or indirectly for any unlawful transaction made and/or action taken within or through the App by Customer.
2.17 In case Customer cannot benefit from the services due to technical difficulties, GETIR cannot be held liable for any default and no claim shall be raised against GETIR under any name/nature.
2.18 Customer agrees that GETIR cannot be held liable directly or indirectly for any unlawful transaction, activity made and/or action took within or through the App by Couriers or a third party.
2.19 Customer agrees that all he/she is responsible with regard to safety, storage, protection (from the third parties) of system access tools (username, password, email, etc.).
2.20 Customer agrees not to duplicate, copy, distribute and process any image, text, visual and auditory image, video clip, file, database, catalog and list found in the App in a way that will constitute an infringement to GETIR’s and/or any other third parties’ real or personal rights and assets.
3. CLOSING ACCOUNT
3.1 Customer may close his/her account at anytime and without a reason by;
3.1.1 Sending an email to email@example.com
3.1.2 Calling the number of Customer services 0850 532 50 50.
4.1 Personal Data Processed by Getir as a Data Controller
As data controller, Getir Perakende Lojistik A.Ş. processes your below-mentioned personal data by collecting them in the course of registration to the application since they are directly related to the conclusion and the fulfillment of subscription agreement:
4.1.1 Identification information (name, surname, gsm number, e-mail address).
4.1.2 Version of your mobile device’s operating system.
4.1.3 GPS information received through your mobile device.
4.1.4 Ratings for the courier submitted upon delivery and comments.
4.1.5 Comments communicated through the “Suggestions and Complaints” section of the Application.
4.2 Purposes of Processing Personal Data
Getir’s purposes in processing your personal data are as follows:
4.2.1 Confirming your identity (by sending a confirmation code to your mobile phone through the number that you have provided).
4.2.2 Providing customer care support and resolving problems.
4.2.3 Informing you about service updates and errors.
4.2.4 Informing you about campaigns regarding the Application.
4.2.5 Enabling the courier to call you with regard to the delivery if necessary (The couriers can call you but your mobile phone number is not transferred to the couriers)
4.2.6 The member accepts to receive informative emails to his/her email address and to receive informative SMS to his/her mobile phone by confirming this subscription agreement. The member may renounce to receive emails and/or SMS by sending an email to firstname.lastname@example.org
4.3 Transfer of Personal Data and Data Security
4.3.1. Your data is safely stored in our secure servers. Some of our servers are located abroad. The members are deemed to give their express consent for their data to be stored in servers located abroad by confirming this subscription agreement. You can access the app with the password that you have specified. The password is encrypted and encoded so that its contents cannot be seen. You are responsible for storing and not sharing your password with anyone. Because data is transferred over the Internet, which is publicly accessible, we cannot guarantee that the data is 100% secure. We use a secure connection in order to protect your data, but you are responsible for the cyber attacks that may take place on your Internet connection. We take every precaution to ensure the safety and security of your data once it has reached our servers.
4.3.2. Getir does not sell, lease out, market or transfer in any other manner your personal data and/or your traffic data or your contact details to third parties without your express consent except for the abovementioned exception or when legally required or obliged to do so.
4.4 Rights with respect to Protection of Personal Data
4.4.1. Customers’ rights with respect to protection of their personal data are indicated below:
(i) to learn whether your personal data is processed,
(ii) to request related information if your personal data is processed,
(iii) to find out for which purposes your personal data is processed and whether they are used in accordance with these purposes,
(iv) to know third parties to which your personal data is transferred domestically or abroad,
(v) to request correction if your personal data is incompletely or incorrectly processed,
(vi) to request deletion or destruction of your personal data,
(vii) to request the transmission of your correction, deletion and destruction requests to third parties to whom your personal data has been transferred, to object to any consequence occurred against you by analyzing your processed data through automated systems,
(viii) to request compensation of your damages, if incurred due to unlawful process of your personal data.
4.4.2. Please feel free to raise any inquiry regarding the protection of your personal data to the address email@example.com
. We will meticulously review your inquiries and revert to you as soon as possible.
4.5 Other Terms in Relation to Data
4.5.1. Upon your request, we can share a copy of your data stored on our system once the necessary security protocols have been cleared. You can update your personal data through the GETIR Application, or you can call customer services and request the update of your personal data.
4.5.2. In order for you to use our app in a quick and efficient manner, we store cookies on your device. You can disable your device from storing cookies through your device’s settings. But in doing so, you may not be able to use all of the features of GETIR Application.
5. OTHER CONDITIONS
5.1 INTELLECTUAL PROPERTY RIGHTS
5.1.1 The App’s all elements (herein after referred as “GETIR’s works that are subject to copyright”, including but not limited to design, text, images, html codes and other codes are reserved to GETIR. Customer cannot use GETIR services, GETIR information and GETIR’s works that are subject to copyright for commercial purposes. Customer cannot reproduce, distribute GETIR’s works that are subject to copyright or cannot make or prepare derivatives of these without the permission of GETIR.
5.1.2 GETIR’s services, GETIR’s information, and all work belonging to GETIR that are subject to copyright, GETIR’s trademarks, GETIR’s business look or all assets including material and intellectual property rights, all real and personal rights, business knowledge and know-how are reserved by GETIR.
GETIR may amend these Terms upon its own discretion and unilaterally, at any time, by making an announcement through the App. The amended provisions of these Terms will be in effect after on-line approval of the Customer at the date of announcement or following the announcement; the remaining terms will continue to remain in force in the same way.
5.3. FORCE MAJEURE
In all events that constitute a force majeure according to law, GETIR cannot be held liable for any default, deficient performance or breach of its liabilities. In that case or in a similar case, no compensation under any nature shall be claimed from GETIR. The term “force majeure” will be interpreted as; unavoidable events including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions which occurred beyond the related party’s reasonable control even if GETIR shows the necessary care.
5.4. APPLICABLE LAW AND JURISDICTION
The application, interpretation of these Terms shall be governed by and legal relationships arise within these Terms construed in accordance with the laws of Turkey and any dispute that arises within or in connection to these Terms shall be settled by Istanbul (Central) Courts and Execution Offices.
These terms shall be valid and will continue to be in effect until Customer terminates his/her membership. GETIR has a right to terminate the contract unilaterally in case Customer breaches the provisions stated within these Terms and rules with regard to App, membership and GETIR services.
5.6. VALIDITY OF GETIR’S RECORDS
Customer agrees that the electronic records kept in GETIR’s own database or server and system records, commercial records, book records, microfilm, microfiche and computer records will constitute a valid, binding, accurate and exclusive evidence; GETIR will be free of oath for evidence and this article constitutes an evidential contract in the means of Article 193 of Code of Civil Procedure.
This Agreement has entered into force with mutual agreement of the parties following the on-line approval of Customer.