Terms & Conditions

1. General Terms and Conditions for GETITEZYSERVI Users

2. General Terms and Conditions for Mobility Service Operators, Relay, Deliveries, Food.


Last updated: 01.01.2021

1. General Terms and Conditions for GETITEZYSERVI Users

This General Terms and Conditions Agreement (“Agreement”) applies to the individual use of the software application, website and online intermediation services provided by the GETITEZYSERVI technological platform (“GETITEZYSERVI Platform”), including the payment service (“ Payment for Application ”). 

The User recognizes and accepts this Agreement the moment he registers, accesses or uses the GETITEZYSERVI software for the first time and, thereafter, each time he logs into his account to use the GETITEZYSERVI Platform.

This Agreement is written in Portuguese. The English version is a non-binding translation of the text written in Portuguese. The Agreement is available on the GETITEZYSERVI website and Application and can always be consulted on the GETITEZYSERVI Platform.
 
1. The GETITEZYSERVI Platform

1.1 The GETITEZYSERVI Platform provides an online software application ("Application"), through which people looking for transportation to certain destinations (the "User" or "Users") can be combined with transportation services to those destinations. The services that may be requested through the GETITEZYSERVI Platform include the transport service in a vehicle that is not characterized by an electronic platform (“TVDE”, hereinafter also referred to as “Ride”). Ride services will here be referred to collectively as “Transport Services”. The GETITEZYSERVI Platform will forward the request to Ride service operators, as the case may be (“Transport Operator” or “Transport Operators”), potentially interested in its provision. Users can also use the GETITEZYSERVI Platform to rent and use other services to reach their destination, such as bicycles or electric scooters ("Other Mobility Services"). These Other Mobility Services may be subject to additional agreements between Users and GETITEZYSERVI and / or third parties providing the respective service ("Additional Agreements").

1.2 Users can submit, through the GETITEZYSERVI Platform, an immediate request for a Transport Service or a pre-booking request. Users authorize the GETITEZYSERVI Platform to connect them with Transport Operators, through their registered drivers, or with Other Mobility Services, based on factors such as location, estimated time for collection, destination and efficiency parameters of the Application. Users also authorize the GETITEZYSERVI Platform to cancel an existing connection, and to reconnect based on the same considerations. For these purposes, Users accept that their location be identified and sent, as the case may be, to Transport Operators or providers of Other Mobility Services. After the acceptance by the Transport Operator or the provider of Other Mobility Services of the User's request, the User's identification information (for example the first name, surname and mobile phone number) will be made available only to the purposes of performing the service, remaining completely anonymous for other purposes. The User may accept the terms and conditions, including the price, to benefit from the Transport Service or Other Mobility Services. For the purpose of carrying out the service, the User can also contact the driver who has accepted his request. remaining completely anonymous for other purposes. The User may accept the terms and conditions, including the price, to benefit from the Transport Service or Other Mobility Services. For the purpose of carrying out the service, the User can also contact the driver who has accepted his request. remaining completely anonymous for other purposes. The User may accept the terms and conditions, including the price, to benefit from the Transport Service or Other Mobility Services. For the purpose of carrying out the service, the User can also contact the driver who has accepted his request.

1.3 The GETITEZYSERVI Platform only provides online intermediation services, with the aim of facilitating the beginning of possible future contracts between Transport Operators and Users. GETITEZYSERVI is not a Transport Operator. Each service provided by a Transport Operator to a User constitutes a separate contract between those persons. GETITEZYSERVI is not a party to such contracts, directly or indirectly, nor does the use of the Application give rise to any obligation by GETITEZYSERVI related to the transport contract or the transport service itself. It is up to the Transport Operator to decide whether to accept or reject a User's request through the GETITEZYSERVI Platform, and si is up to the User to decide whether or not to accept a trip to be carried out by any Transport Operator who has been contacted through the GETITEZYSERVI Platform cannot guarantee that a Transport Operator or a User will complete a Transport Service, nor GETITEZYSERVI can guarantee that a driver, or a User, will be available when the User, or the driver, is using the Application. Therefore, any requests or complaints arising from trips intermediated through the GETITEZYSERVI Platform relate only to the contractual relationship between Transport Operators and Users. GETITEZYSERVI is not responsible for the acts of third parties, especially the Transport Operators and their drivers and / or providers of Other Mobility Services.

1.4 It is understood that the billing for transport services is part of the relationship between the Transport Operator and the User, in accordance with the law. However, GETITEZYSERVI may resort to affiliated companies or external partners for the purpose of speeding up the processing of billing data.

1.5 Users recognize and accept that some services of the GETITEZYSERVI Platform may, in whole or in part, be made available under other brands or by other GETITEZYSERVI affiliated or subsidiary entities.

2. Availability, modifications and interruption of services

2.1 GETITEZYSERVI reserves the right to modify the Application, or the website, or any other element of the GETITEZYSERVI Platform, at any time, namely and in particular to reinforce the development of the GETITEZYSERVI Platform and its online intermediation services, or to make other qualitative improvements in si.

2.2 GETITEZYSERVI reserves the right to temporarily suspend its services, and / or the Application, without individually informing each User. Nevertheless, GETITEZYSERVI will try to inform Users of this suspension through the website, the Application or through other publicly accessible means. However, GETITEZYSERVI will make every effort to reach the highest level of availability and to resolve any interruptions as soon as possible.

3. Access to the GETITEZYSERVI Platform

3.1 The GETITEZYSERVI Platform is free and can be used by any person who has the authority and competence to understand, celebrate and comply with the terms and conditions of this Agreement. To register and use the GETITEZYSERVI Platform, the User must be at least 18 years of age. Minors cannot use the GETITEZYSERVI Platform without the express consent and monitoring of their parents or legal representatives. Any use by a minor of the GETITEZYSERVI Platform, including Other Mobility Services, must be carried out, at all times, under the full supervision of the User, who will be fully responsible for that person and for the use of any GETITEZYSERVI services through his account. User, as if si were the User himself, including, but not limited to,

3.2 To start using the services of the GETITEZYSERVI Platform, the User must create an account on the GETITEZYSERVI Platform and provide true and accurate data (for example, first name (s) and surname (s), mobile phone number and email address) valid), and you must also choose a secure password. Each person can only create one User account and GETITEZYSERVI reserves the right to deactivate any additional or duplicate accounts. Each User is solely responsible for the use of his / her account. Users cannot allow other people, whether they are Users or not of the GETITEZYSERVI Platform, to use their User account.

 

4. General User Obligations

4.1 The User is solely responsible, on his account, for obtaining access to the Internet, through a final device with the technical requirements necessary to use the GETITEZYSERVI Platform. The User recognizes and accepts the risks as a result of the Internet being a public network and, as such, GETITEZYSERVI cannot be held responsible for the quality of the Internet service, nor for damages resulting from its improper use, including any forms of illegitimate access. , malicious actions, or cyber attacks.

4.2 When using the Application, the User must ensure that there is no impediment, overload or damage and that the purpose of the Application is not compromised or distorted. The User must not, directly or through third parties, distort or modify the security measures of the Application.

4.3 The User must ensure that his User name and password are kept safe, not disclosing them to third parties or providing or authorizing them to access the Application or any other services. The User may not assign or otherwise transfer his Account to any other person or entity. The User will be solely responsible for the confidentiality and security of his account. Any unauthorized use must be immediately reported to GETITEZYSERVI. In particular, the User is obliged to inform GETITEZYSERVI of any loss, theft or misuse of his password, his smartphone or any other device on which he uses the GETITEZYSERVI Platform and makes the Payment by the Application, as well as any other payment. unauthorized use of your user account, password or other personal identification elements. If the User suspects, or comes to his knowledge, that any of the situations described above has occurred, he must immediately inform GETITEZYSERVI through the contacts provided on the "Legal Notices" page of the GETITEZYSERVI website (hereinafter, the "Blocking Notice").

4.4 If the User has committed an infraction, he assumes before GETITEZYSERVI all and any liability in relation to third parties, including the payment or reimbursement of the costs of his legal defense. In addition, in cases of culpable violation affecting GETITEZYSERVI, the User is obliged to compensate si for the damages suffered.

4.5 In the event of complaints from third parties against GETITEZYSERVI for infractions committed by the User, the user is obliged to inform GETITEZYSERVI of this fact, quickly and with all details, if necessary for the purposes of assessment and legal defense.

4.6 The User agrees to comply with all applicable laws for the use of the GETITEZYSERVI Platform, committing himself to use the services of the GETITEZYSERVI Platform only for legitimate purposes. The User may not transport or cause the transport of illegal or dangerous goods. The User, when using the Transport Services, will not cause disturbance, discomfort, inconvenience or material damage, nor will he participate in any other illegal conduct, whether in relation to the Transport Operator, driver, provider of Other Mobility Services or any third party. In some circumstances, the User may be asked to present an identification document to access or use the GETITEZYSERVI Platform or Transport Services,

5. Usage costs

5.1 When ordering or using Transport Services through the GETITEZYSERVI Platform, the User acknowledges and accepts that such order or use may incur costs for him. The costs due for the Transport Services include the tariffs and other applicable fees, taxes and other costs, in addition to the gratuities to the driver that the User chooses to pay (“Usage Costs”). Costs related to Other Mobility Services are defined in the applicable Additional Agreements.

5.2 Ride Rates. Ride services are subject to tariffs that will be previously presented through the Application. Fares consist of a base fare and variable factors based on duration, distance of travel or time of day. The tariffs charged by Transport Operators can increase substantially in times of high demand and for certain geographical areas (“dynamic tariffs”). GETITEZYSERVI will inform the User of these increases as soon as he submits his request.

5.4 Fees. Users may be subject to the payment of specific fees, as defined in the GETITEZYSERVI Fee Policy.

(i) Cancellation fee. After requesting a service, the User can cancel si through the Application free of charge, but a Cancellation Fee may be charged if the User cancels the trip after a specified period or if the User does not show up at the place of departure.

(ii) Waiting Rate. After requesting a service, the User will have a certain free waiting time to arrive at the place of departure. If the User has not arrived within the free waiting time and the driver has not canceled the trip, the User may be charged a Waiting Fee.

(iii) Repair or Cleaning Fee. If a driver or a Transport Operator reports that the User of the need for repair or cleaning after using a Transport Service, and such request for repair or cleaning proves reasonable after confirmation by GETITEZYSERVI, the User may be charged a fee. repair or cleaning fee for the benefit of the Transport Operator.

5.5 Bonuses are optional according to the User's free will and attributed to the driver after the service is completed. The Application makes available to the User a functionality to safely pay the driver's bonus. At the end of the trip, the User receives a message to invite him to evaluate, if he wishes, the service provided by the driver and to assign a bonus. The gratuities are inserted exclusively in the relationship between the User and the driver. No commissions will be charged in favor of GETITEZYSERVI on the bonuses.

 

6. Payment for the Application

6.1 GETITEZYSERVI allows the User to benefit from electronic means of payment, through the Application, for payment to Transport Operators or providers of Other Mobility Services for the services performed, including Usage Costs or taxes, using any of the payment methods available (such as credit card) up to the limit determined by GETITEZYSERVI (collectively called “Payment by Application”). When configuring an electronic payment method, the User accepts that he / she is asked to provide a personal identification element (such as a PIN or password, or another quick-pay function) for the management of payments and the authorization of travel subject to Payment. by the Application. The maximum amount allowed for an Application Payment, as well as the maximum amount for a first trip subject to Payment by the Application, are disclosed through the GETITEZYSERVI Platform, the website, through the Application or by any other means. GETITEZYSERVI expressly reserves the right not to provide certain payment methods, in specific cases or in general.

6.2 The User confirms that the data provided for payment purposes is correct and accepts the terms and conditions of the Payment by Application service. The User will have freedom of choice between electronic payment methods, and may change, adjust or remove these methods in the Application. GETITEZYSERVI reserves the right to carry out a pre-authorization transaction for validation purposes, using the payment method registered in the Application for Payment by the Application. This pre-authorization transaction will also be made if the order for a Transport Service is not fulfilled or if the trip is canceled. Any pre-authorization will temporarily reduce the balance available for the respective payment method by the amount of the pre-authorization, up to 10 business days and may appear as a temporary hold on the relevant payment card. The pre-authorization amount will not be charged to the payment method in question. When using the Payment by Application function, the User consents to the GETITEZYSERVI pre-authorization procedure.

6.3 Whenever the User chooses to pay the fees through the Payment for the Application, the Transport Operator or the provider of Other Mobility Services will assign its credit to the User to GETITEZYSERVI under a contract between GETITEZYSERVI and the respective operator. Transport or service provider. By accepting this Agreement, the User becomes aware of this future contractual assignment of credits, accepting si. As soon as GETITEZYSERVI receives payment from the User, this payment will pay off the credit due for the Transport Service provided by the Transport Operator to GETITEZYSERVI.

6.4 Payments for Ride services are made, according to the law, through electronic payment methods available for Payment in the Application. If the User chooses not to make the Payment for the Application, he will not be able to benefit from the application of the Contracted Rates mentioned in section 5.2 above.

6.5 If Paypal or Stripe is available as a payment method for the Payment by Application option and the User chooses to pay for travel using PayPal or Stripe, the User must pay the amount specified by them during the payment process. The use of the PayPal or Stripe service may be charged separately to the User. In order to use the PayPal or Stripe payment service in relation to GETITEZYSERVI the User must create a PayPal account and confirm, at the time of payment, that this PayPal payment is intended for GETITEZYSERVI.

6.6 If you choose to pay for the Application, the User must pay at the end of the trip the applicable tariff together with any gratuities he intends to give, as of now authorizing GETITEZYSERVI to deduct the amount due from his credit card, Paypal account or other methods payment methods available.

6.7 GETITEZYSERVI expressly reserves the right to block the user account or the Payment by Application features, temporarily or permanently, or to ask the User to define a new password, PIN or other personal identification element, if there are reasonable grounds, or if there is a suspicion that the User's account or other element of personal identification has been used in a fraudulent or unauthorized manner. In such cases, GETITEZYSERVI will inform the User that their account or the Payment by Application feature has been blocked, indicating the main reasons for this, if this is permitted by law and if possible prior to the blocking, but at the latest immediately after this blocking. .

6.8 Billing. The User will receive a summary of the invoice in the email indicated in his account, with the presentation, among others, of the service, the fee paid and other Usage Costs or taxes incurred by the User, including fees or gratuities. Any invoice that is not the subject of a complaint, in writing, within 30 days from the date of dispatch, will be considered accepted by the User.

 

7.Other Mobility Services

7.1 Users of the GETITEZYSERVI Platform have the option to access and use Other Mobility Services available through the Application, accepting the Additional Agreements. During the use of these services, including bicycles or electric scooters, GETITEZYSERVI acts as an intermediary for a service contract with the third service provider and does not become a contractual partner of the User. The User's contractual partner is the respective service provider.

7.2 Service providers are responsible for such Other Mobility Services. The Additional Agreements of the respective service provider apply to the use of mobility services. These will be made available to the User before booking and, if necessary, the User's consent will be obtained. In addition, this Agreement applies to intermediation services relating to the reservation of the services described in this section, through the Application.

7.3 The service provider's privacy policy will also be disclosed to the User before booking Other Mobility Services.

7.4 The service provider now transfers its credits to GETITEZYSERVI against the User for the payment of any costs due for the use of the Other Mobility Services. For this reason, GETITEZYSERVI charges the price of the service in its own name and on its own account. However, the service contract remains between the service provider and the User.

7.5 Unless other payment methods are offered for the respective additional mobility service, the User must pay the service provider's credit for the use of Other Mobility Services, through the Payments by Application service (as detailed in section 6 above) , and in accordance with this Agreement. The cost for the service provider's service must be paid using the payment method selected by the User during the registration or reservation process.

8. Liability and Limitations

8.1 The GETITEZYSERVI Platform is made available "as is" and without any warranty or condition, express, implied or legal. GETITEZYSERVI does not guarantee or promise specific results for the use of the Application or the services of the GETITEZYSERVI Platform, or for the use of Transport Services potentially organized through the platform, including the ability to provide or receive Transport Services at any place or time or with satisfaction User. GETITEZYSERVI does not promise that the use of the GETITEZYSERVI Platform will always be safe, available, uninterrupted or error-free, or that any problems, defects, breaks or network security vulnerabilities on the GETITEZYSERVI Platform will be corrected. GETITEZYSERVI is not responsible if si fails to provide services in whole or in part, temporarily or permanently. GETITEZYSERVI assumes no responsibility for the accuracy and completeness of the information transmitted by the User when using the services of the GETITEZYSERVI Platform.

8.2 GETITEZYSERVI is not jointly and severally liable for Transport Services or other services provided by Transport Operators or providers of Other Mobility Services, since GETITEZYSERVI is limited to intermediating these relationships and potential transactions. When using the Transport Services, Users are expected to behave with civility, assuming full responsibility, under the law, for fines or other sanctions imposed on them.

8.3 If the User suffers damages through the use of the GETITEZYSERVI Platform, GETITEZYSERVI is only responsible in the event of intent and / or serious negligence attributable to him. In particular, in cases where the damage occurs due to incorrect, incomplete or late transmission of information or due to unavailability or malfunction of the Application, GETITEZYSERVI will only be responsible in case of intent or serious negligence that is attributable to si.

8.4 GETITEZYSERVI cannot guarantee that each driver, or each vehicle, is what the driver claims to be. The User is recommended to check the photograph of the driver and the vehicle with which they have been connected, in order to confirm whether si is the same individual or vehicle that he / she sees personally.

8.5 GETITEZYSERVI is not responsible for the conduct, online or offline, of any User of the GETITEZYSERVI Platform or of the services intermediated by si. Users are solely responsible for their interactions with drivers and / or other Users. As provided for in section 5.4 of this Agreement, the User will be responsible for the cost of repair due to damage or cleaning that is necessary for vehicles and goods of the Transport Operator, resulting from the use of Transport Services through the GETITEZYSERVI Platform, which go beyond wear and cleaning required by normal use.

8.6 GETITEZYSERVI is not responsible, nor does si guarantee any insurance, for personal objects left inside the vehicles. However, in the 72 hours following the trip, Users can contact the Transport Operator and / or their driver to complain and, if applicable, collect any lost personal object.

8.7 If the Application or data transmission results in damage or damage to the User's hardware or software, GETITEZYSERVI will only be responsible if this was caused with intent or serious negligence that is attributable to si. GETITEZYSERVI will not be responsible for the loss of the User's data, as the User is responsible for backing up his data.

8.8 If the User is responsible for the violation of the rights of third parties, he must indemnify GETITEZYSERVI for any responsibility towards such third parties, as well as for the costs incurred with an adequate legal defense. If any third party asserts any claim against GETITEZYSERVI based on the violation of rights by the User, the User is obliged to provide GETITEZYSERVI immediately with all relevant information, to the extent that si is necessary for the purposes of legal assessment and defense.

8.9 Limitations of liability will not apply insofar as guarantees have been provided, in the event of damages caused to the life, physical integrity or health of a person or claims under mandatory provisions contained in Portuguese law on the liability of the producer and consumer protection.

8.10 GETITEZYSERVI assumes no responsibility for electronic payments. The User should contact the payment service provider and / or the payment agency directly if a reservation is incorrect or made in error, or if the payment process does not work correctly. Refundable costs may take some time to process, without any liability to GETITEZYSERVI.

8.11 The User must bear any charges or costs incurred by GETITEZYSERVI as a result of insufficient funds in the bank account (such as, for example, the costs associated with returning a debit note). If the User fails to comply with the payment obligation in the form selected by him for Payment by Application, GETITEZYSERVI will be entitled to demand default interest at the supplementary rate provided for commercial debts plus five (5) percentage points. GETITEZYSERVI will also be entitled to claim the excess damage if the damages resulting from the non-compliance with the payment obligation are higher and can be quantified.

8.12 If the User culpably violates his obligation to be careful in safeguarding and protecting his user name, password or any other element of personal identification before unauthorized third parties, under the terms described in this Agreement and if GETITEZYSERVI suffers damages attributable to that breach of the duty of care, GETITEZYSERVI expressly reserves the right to claim compensation for these damages to the User. If GETITEZYSERVI receives a Blocking Notice from the User, GETITEZYSERVI will bear any damages arising from the use of the User's blocked account. 

9. Intellectual Property

9.1 GETITEZYSERVI grants the User a simple, revocable, non-transferable and non-exclusive right to use the Application, to the extent necessary for the use of the Application in the context of this Agreement. This right of use for the User is, however, limited exclusively for the purposes of the User. Additional commercial use or other exploitation of the GETITEZYSERVI services or content is not permitted.

9.2 The User is prohibited from duplicating the Application, the website, or any other element of the GETITEZYSERVI Platform, whether in whole or in part, and from renting, leasing or selling si, processing si or modifying si or sublicensing si si. In addition, the User is prohibited from decompiling, disassembling or reverse engineering ("Reverse Engineering") the Application.

10. Communications and Data Protection

10.1 Users' personal data will be collected and processed by GETITEZYSERVI, for the purpose of the intermediation services made available on the GETITEZYSERVI Platform, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (“GDPR) and the other applicable legal and regulatory provisions of Portuguese law, with this Agreement and with the GETITEZYSERVI Privacy Policy, available at https://myGETITEZYSERVI.eu/privacy_cookies

11. Confidentiality

11.1 Users agree not to use any technical, financial, strategic or any other confidential information, of any nature, of which they may become aware, regarding the activity of GETITEZYSERVI or the GETITEZYSERVI Platform, including protected information as a business secret.

11.2 Users must not use, store, disclose or allow the disclosure of any information about another User that is made available to them as a result of their use of the GETITEZYSERVI Platform, including but not limited to their name, place of collection, contact information and photo published by GETITEZYSERVI, either for its own use or for any other purpose that is not contemplated here.

 

12. Customer Service

12.1 The GETITEZYSERVI Platform has a customer service, available 24 hours a day. In case of problems, questions or problems, the User may contact the customer service through the contact details on the Application or website.

12.2 GETITEZYSERVI provides an electronic tool on its website for the User to send complaints, which is also available on the Application.

13. Promotions and Programs

13.1 GETITEZYSERVI may, at its sole discretion, make promotions and programs available, with variable functionality, to any User or potential User (“Promotions and Programs”). These Promotions and Programs will have no influence on this Agreement. GETITEZYSERVI reserves the right to retain or deduct credits or other features or benefits obtained through the use of a Promotion or Program, should GETITEZYSERVI decide or form a good faith belief that the use or refund of promotional codes was made in error, fraudulently, illegally or in violation of the terms applicable to the Promotions or Programs or this Agreement.

13.2 In case of fraud, attempted fraud or suspicion of other illegal activities related to the promotional code or exchange of si, GETITEZYSERVI is authorized to suspend, block and delete the corresponding user accounts. GETITEZYSERVI will be entitled to demand from the User the refund of any value or service that has been obtained in a fraudulent manner.

13.3 For more information about our Promotions or Programs, or access to promotional codes, see their terms on our website on Promotions or Programs.
 

14. Term and Termination

14.1 This Agreement is effective after the creation of a User account by the User and will have an indefinite duration, notwithstanding the subsequent provisions.

14.2 The User may terminate the Agreement at any time, without reason, by giving notice to GETITEZYSERVI within 5 (five) days. 

14.3 GETITEZYSERVI may terminate the Agreement and immediately deactivate the User's account if the User seriously breaches its obligations under this Agreement or any other legal obligations, or if GETITEZYSERVI has a good faith belief that such termination and deactivation are necessary to protect the security of the GETITEZYSERVI platform, other Users and drivers or third parties, provided that, in any of the previous cases, the User is previously informed of the current or potential deactivation and is given the opportunity to correct the fault within 5 (five) days, for GETITEZYSERVI's satisfaction.

14.4 In order to avoid interpretation doubts, si is understood that the termination of the Agreement ceases to use the Payment by Application service, as well as any other services related to the Application and / or the GETITEZYSERVI Platform.

 
15. Alternative Dispute Resolution

15.1 In the event of a complaint related to the interpretation and / or application of this Agreement, Users may resort to an alternative dispute resolution procedure, under the terms of Law No. 144/2015, of 8 September, without prejudice to the appeal other means of defense.

15.2 In order to submit a dispute to the consumer intermediary, the Customer can complete the form on the European Commission's online dispute resolution platform, by clicking here: 

http://ec.europa.eu/consumers/odr/

15.3 The User is informed that GETITEZYSERVI has no duty to join and does not participate in dispute resolution procedures before consumer dispute arbitration bodies.

16. Final Provisions

16.1 This Agreement is governed by Portuguese law. 

16.2 Any dispute over the interpretation or execution of the Agreement will be settled, in the absence of an amicable agreement, by the exclusive jurisdiction of the Portuguese courts. 

16.3 If any provision provided for in this Agreement is, or will be, considered invalid or ineffective, or if this Agreement contains a gap, this will not affect the validity of the other provisions. In place of the invalid or ineffective clause, or to fill the gap, a provision should be included that is as close as possible to the economic purpose envisaged by the Agreement.

16.4 The User accepts that this Agreement, with its modifications, may be automatically transmitted by GETITEZYSERVI, at its sole discretion, upon prior notification to the User.

16.5 GETITEZYSERVI reserves the right to change the terms and conditions of this Agreement, such changes being binding on the User upon acceptance of the amended Agreement. GETITEZYSERVI reserves the right to change from time to time any information on the pages mentioned in the hyperlinks in this Agreement, such changes becoming effective after their publication. The continued use of the GETITEZYSERVI Platform by the User after these changes will express his consent to them.

16.6 GETITEZYSERVI will inform the User of any changes through the Application or the last known email address of the User. 

Valid from 01.01.2021





2. General Terms and Conditions for Mobility Service Operators

This General Terms and Conditions Agreement (“Agreement”) applies to the use by transport service operators (“Transport Operator”) of the software application, website and online intermediation services provided by the GETITEZYSERVI technological platform (“GETITEZYSERVI Platform”), including the payment service (“Payment by Application”). 

The Transport Operator recognizes and accepts this Agreement the moment si registers, accesses or uses the GETITEZYSERVI Platform for the first time and, thereafter, each time si enters its account to use the GETITEZYSERVI Platform.

This Agreement is written in Portuguese. The English version is a non-binding translation of the text written in Portuguese. The Agreement is available on the GETITEZYSERVI website and Application and can always be consulted on the GETITEZYSERVI Platform.

1. The GETITEZYSERVI Platform

1.1 The GETITEZYSERVI Platform provides an online software application ("Driving Application"), which puts Transport Operators and drivers registered in their name as workers or service providers ("Drivers"), in contact with potential passengers looking for transportation to certain destinations. The services that can be routed through the GETITEZYSERVI Platform include the transport service in a vehicle that is not characterized by an electronic platform (“TVDE”, hereinafter also referred to as “Ride”). Ride services will here be referred to collectively as “Transport Services”. They can also be intermediated through the GETITEZYSERVI Platform.

1.2 Transport Operators can receive from passengers, through the GETITEZYSERVI Platform, an immediate request or a pre-booking request (“Pre-Booking”) from the Transport Service. When confirming the acceptance of the request, the Transport Operator and its Drivers are bound to execute the Transport Service, in accordance with the passenger request and provided that the passenger accepts the terms and conditions of benefit of the Transport Service, including the price to be paid for its performance.

1.3 The GETITEZYSERVI Platform only provides online intermediation services, with the objective of facilitating the beginning of possible future contracts between Transport Operators and passengers. Each service provided by a Transport Operator and its Drivers to a passenger constitutes an autonomous contract between those persons. GETITEZYSERVI is not a party to such contracts, directly or indirectly, nor does the use of the Driving Application give rise to any obligation of GETITEZYSERVI related to the transport contract or to the Transport Service itself. It is up to the Transport Operator and its Drivers to decide whether or not to accept the request for a Transport Service made through the GETITEZYSERVI Platform, and si is up to the passenger to decide whether or not to accept a trip by the Transport Operator and its Drivers with whom he has been put in contact through the GETITEZYSERVI Platform. GETITEZYSERVI cannot guarantee that a Transport Operator or a passenger will perform a Transport Service, nor GETITEZYSERVI can guarantee that a passenger will be available when the Driver is using the Driving Application. Any requests or complaints arising from trips intermediated through the GETITEZYSERVI Platform, including those due to delays or cancellations, concern only the contractual relationship between Transport Operators, their Drivers and passengers. GETITEZYSERVI is not responsible for acts of third parties, especially passengers, potential passengers or drivers.

1.4 GETITEZYSERVI undertakes to provide the Transport Operator and its Drivers with the Driving Application for mobile devices, in accordance with the general terms and conditions for users of the Driving Application.

2. Availability, modification and interruption of services

2.1 GETITEZYSERVI reserves the right to modify the Driving Application, or the website, or any other element of the GETITEZYSERVI Platform, at any time, namely and without limiting to reinforce the development or optimization of the GETITEZYSERVI Platform and its services. online intermediation, or to make other qualitative improvements in si.

2.2 GETITEZYSERVI reserves the right to suspend its services, and / or the Driving Application, without individually informing each Transport Operator and / or its Drivers. Nevertheless, GETITEZYSERVI will try to inform Transport Operators of this suspension through the website, the Driving Application or through other publicly accessible means. However, GETITEZYSERVI will make every effort to reach the highest level of availability and to resolve any interruptions as soon as possible.

3. Access to the GETITEZYSERVI Platform

3.1 The GETITEZYSERVI Platform is open access. To register and use the GETITEZYSERVI Platform, the Transport Operator must register his account (“Operator Account”). The Transport Operator must also register the Drivers, and the vehicles, which will use the GETITEZYSERVI Platform and the Driving Application on their behalf, thus confirming that they have obtained the authorization of these drivers to do so. After creating the registration with the GETITEZYSERVI Platform, the Transport Operator authorizes registered Drivers to use the GETITEZYSERVI Platform in their name and on their own account, in accordance with this Agreement.

3.2 To use the Driving Application, each Driver must also create an individual driver account complying with and accepting the terms and conditions for using the Driving Application. The Operator and Driver accounts registered in your name must be linked.

3.3 The Transport Operator and its Drivers recognize and accept the risks as a result of the Internet being a public network and that, as such, GETITEZYSERVI cannot be held responsible for the quality of the Internet service, nor for damages resulting from its improper use , including any forms of illegitimate access, malicious actions or cyber attacks. 

4. Declarations, Warranties and Obligations of the Transport Operator

4.1 When providing Transport Services through the GETITEZYSERVI Platform and during the term of this Agreement, the Transport Operator declares and guarantees, both for itself and for Drivers and vehicles registered in its name, that: (i) they are regularly constituted as a legal entity, in any of the forms permitted by law for the provision of Ride services, as the case may be; (ii) they have valid driving licenses and are authorized and physically able to drive a motor vehicle and comply with all valid and necessary licenses, authorizations and approvals for the execution of Transport Services, in the Ride services modality, as the case may be; (iii) they are in possession of adequate and updated training and knowledge for the execution of Transport Services, in the Ride services modality, as the case may be; (iv) have the right over all vehicles used in the provision of Transport Services and comply with all safety rules for each vehicle registered in their account; (v) they subscribed for each vehicle registered in their account all the necessary insurance in the scope of the respective activity, with damage coverage consistent with all legal requirements.

4.2 The Transport Operator is fully responsible for purchasing and / or renting the vehicle (s) that will be registered on the GETITEZYSERVI Platform for the provision of Transport Services. 

4.3 The Transport Operator is responsible for ensuring that transport requests intermediated through the GETITEZYSERVI Platform are handled exclusively by him or her Drivers, and that the Driving Application will also be used exclusively by Drivers registered on the GETITEZYSERVI Platform. The Transport Operator and its Drivers can connect with the Driving Application whenever they wish.

4.4 The Transport Operator is responsible for complying with all labor and social security obligations imposed by law or regulation, including any applicable collective labor regulation instruments, and is obliged to inform GETITEZYSERVI, without undue delay, of the termination by any reason for the employment or collaboration relationship with a Driver registered with GETITEZYSERVI under his name.

4.5 The Transport Operator and its Drivers must ensure that the mobile device for the use of the Driving Application will be placed securely on the vehicle during the provision of Transport Services, complying with all applicable safety and driving rules.

4.6 The Transport Operator and its Drivers must respect the internal policies made available on the GETITEZYSERVI Platform, on the website or in the Driving Application, which may be changed by GETITEZYSERVI at all times. The Transport Operator shall ensure that Drivers are bound to comply with these internal policies.

4.7 If the Transport Operator or its Drivers commit an infraction, they assume before GETITEZYSERVI any and all liability in relation to third parties, including the payment or reimbursement of the costs of their legal defense. In addition, in cases of culpable violation affecting GETITEZYSERVI, the Transport Operator is obliged to compensate si for the damage suffered.

5. Payment Processing and Payment by Application

5.1 The payment methods available on the GETITEZYSERVI Platform may change depending on the Transport Service provided to the passenger. For this reason (i) si will be mandatory that the Transport Operator and its Drivers accept the Payment for the Application for the provision of Ride services. The Payment by Application service is regulated in the terms and conditions of GETITEZYSERVI for users of mobility services.

5.2 After completing a trip with Payment by Application, the Transport Operator or Driver acting on their behalf, as the case may be, must obtain confirmation that the passenger is authorized to make the Payment for the Application, requesting, if necessary, to the passenger who enters their individual authorization data and agreeing with the amount and method of payment. The Transport Operator also authorizes GETITEZYSERVI and its partners to invoice, on their behalf and on their behalf, the fare to be paid for a trip with Payment - GETITEZYSERVI, including the amount of VAT to be paid.

5.3 The Transport Operator assigns to GETITEZYSERVI all credits for si resulting from trips with Payment by Application, pursuant to Clause 5.1. GETITEZYSERVI declares, before the Transport Operator, its acceptance of the assignment of credits related to transport. GETITEZYSERVI must pay a purchase price corresponding to the amount of credit granted to si by the Transport Operator, subtracting the value of the GETITEZYSERVI fee and any other amounts that may be due to GETITEZYSERVI.

5.4 GETITEZYSERVI must assume the credit risk in relation to any credits duly assigned by the Transport Operator. However, the Transport Operator will be responsible for the validity and existence of the assigned credits.

5.5 Billing. During the term of this Agreement, the Transport Operator expressly authorizes GETITEZYSERVI (or its billing partners) to issue, in its name and on its behalf, the invoices for Transport Services provided to passengers and subject to Payment by Application. It is understood that the collection and billing for the Transport Service respects exclusively to the passenger and Transport Operator, in accordance with the legal provisions. The Transport Operator and its Drivers continue to be responsible for their billing obligations, namely with regard to the content of the invoices, as well as for the respective VAT obligations. The Transport Operator has a period of fifteen (15) days to contest the contents of the invoice issued in its name and on its behalf by GETITEZYSERVI.

6. Financial Conditions

6.1 The Transport Operator is obliged to pay the intermediation fee defined for Taxi services or Ride services, as the case may be, according to the price list applicable to the respective Transport Service, available on the GETITEZYSERVI website, on the GETITEZYSERVI Platform and / or in the Driving Application. Transport Operators will be fully responsible and must ensure that their Drivers report to GETITEZYSERVI (eg through the introduction by the Driver, at the end of each trip, of the amount of the fare in the GETITEZYSERVI Driving Application) the full amounts of fees charged for the services provided in accordance with the applicable tariffs.

6.2 GETITEZYSERVI will also be entitled to charge in the name and on behalf of the Transport Operator any other fees provided for in the terms and conditions for users of mobility services, intermediated by GETITEZYSERVI, and / or to change the respective amounts. Transport Operators and their Drivers will be informed of such changes in good time before they take effect, and the changes will be disclosed by GETITEZYSERVI through an updated price list on the GETITEZYSERVI website, GETITEZYSERVI Platform and / or the Driving Application.

6.3 GETITEZYSERVI will prepare a clearance of accounts, on a weekly basis, informing the Partner of the amount of revenue obtained in the previous week. GETITEZYSERVI will calculate the amount of the intermediation fees, plus any other amounts or fees applicable against the Transport Operator, and send the corresponding invoice to the Transport Operator. Within a maximum period of five (5) working days after presenting the weekly clearance of accounts, GETITEZYSERVI will pay by bank transfer the amount due to the Transport Operator.

6.4 GETITEZYSERVI will offset the total amount due by the Transport Operator and any amounts receivable by GETITEZYSERVI from the Transport Operator, regardless of any intermediation fees that have expired in this period of time, with the purchase price of the credits assigned in the same settlement period and with any other complaints from the Transport Operator regarding remuneration due by GETITEZYSERVI in this period of time. The difference still to be settled, after this compensation, must be paid without any deductions within (7) seven days after receiving the invoice from GETITEZYSERVI.

6.5 Payment by the Transport Operator must be made by direct SEPA debit and by GETITEZYSERVI by bank transfer to the account indicated to GETITEZYSERVI by the Transport Operator. After registering with GETITEZYSERVI, the Transport Operator will authorize GETITEZYSERVI to debit the remuneration due by the Transport Operator to its account, through a SEPA direct debit mandate. The Transport Operator undertakes to grant GETITEZYSERVI the respective SEPA direct debit authorization. Once completed, the SEPA direct debit mandate form must be signed by the Transport Operator as the account holder and must be delivered in person or sent to GETITEZYSERVI by mail or fax. A period of (1) a business day (a business day being understood as a day when banks are open to the public) will apply to prior notice of SEPA direct debits. The Transport Operator has the right to revoke the SEPA direct debit mandate granted to GETITEZYSERVI, at any time, but without retroactive effects.

6.6 Any objections to the accuracy of the monthly invoice must be made, in writing, within 4 (four) weeks after receipt of the invoice. Failure to raise any objections within that period will be considered a presumption of acceptance of the invoice, unless the Transport Operator is able to demonstrate the existence of a just cause that has prevented him from complying with the objection deadline.

7. Liability and Limitations

7.1 The GETITEZYSERVI Platform is made available "as is" and without any warranty or condition, express, implied or legal. GETITEZYSERVI does not guarantee or promise specific results for the use of the GETITEZYSERVI Platform or the Driving Application, including but not limited to profits, revenues, travel numbers or passengers.

7.2 GETITEZYSERVI does not promise that the use of the GETITEZYSERVI Platform and the Driving Application will always be safe, available, uninterrupted or error-free, or that any problems, defects, breaks or network security vulnerabilities on the GETITEZYSERVI Platform will be corrected. GETITEZYSERVI is not responsible if si fails to provide services in whole or in part, temporarily or permanently. GETITEZYSERVI assumes no responsibility for the accuracy and completeness of the information transmitted by the User when using the services of the GETITEZYSERVI Platform.

7.3 The Transport Operator will be entirely responsible for the performance of its services and obligations under this Agreement, regardless of who is the performer, being also obliged to fully reimburse GETITEZYSERVI and defend si against any claims, processes, sanctions, costs , losses, damages, expenses and / or indemnities, including attorneys' fees, which are attributable to defective compliance or non-compliance with the obligations assumed in this Agreement or applicable legislation or Ride services, as the case may be. GETITEZYSERVI reminds the Transport Operator that si does not provide and does not intend to provide a Transport Service and / or act as a carrier. Furthermore, the Transport Operator is solely responsible for any obligations or responsibilities towards passengers or third parties arising from its provision of Transport Services. The Transport Operator and Drivers acknowledge that, when using the GETITEZYSERVI Platform, they can come into contact with potentially dangerous people, and that they use the Driving Application at their own risk and risk, si being up to you and each Driver to assume the reasonable and appropriate precautions. Therefore, GETITEZYSERVI will not be responsible for any damages, losses or damages that result from any Transport Service provided by the Transport Operator. and who use the Driving Application at their own risk and risk, and si is up to you and each Driver to take reasonable and appropriate precautions. Therefore, GETITEZYSERVI will not be responsible for any damages, losses or damages that result from any Transport Service provided by the Transport Operator. and who use the Driving Application at their own risk and risk, and si is up to you and each Driver to take reasonable and appropriate precautions. Therefore, GETITEZYSERVI will not be responsible for any damages, losses or damages that result from any Transport Service provided by the Transport Operator.

7.4 GETITEZYSERVI assumes, under the terms of this Agreement, an obligation to perform specific intermediation services and can only be held responsible for fault that can be imputed and proved by the Transport Operator, and for direct and foreseeable damages that are the direct consequence of the said guilt. They are assimilated to indirect damages and, as such, do not give the right to reparation: (i) any action directed against the passenger by a third party; (ii) any actual or anticipated loss of profits; (iii) any loss caused by an interruption in activity; (iv) any loss of customer or reputation.

7.5 GETITEZYSERVI will be responsible for the materials, information and contents, in whatever form, that si creates, provides and / or asks the Transport Operator to use, except with regard to the following: (i) accuracy, integrity and reception timely delivery of materials, data and information made available by passengers, the Transport Operator or other third parties; and / or (ii) loss of data by the Transport Operator or passengers.

7.6 Any responsibilities of GETITEZYSERVI are contractually limited: (i) to cases of intent or gross negligence, but not merely negligence or slight negligence; (ii) the terms of any guarantee provided by GETITEZYSERVI to the Transport Operator and accepted by him; and (iii) with regard to the costs incurred by the Transport Operator, the payment to the latter of the amount of 20 (twenty) euros as a penal clause corresponding to the amount of indemnification due, with the exception of losses and damages resulting from non-compliance of the obligation to pay the Transport Operator for the purchase of existing credits and validly assigned by him to GETITEZYSERVI under this Agreement.

7.7 Each party must immediately inform the other of any communications or notifications regarding complaints, processes, sanctions, costs, losses, damages, expenses and / or indemnities that have been addressed under the terms of the preceding paragraphs, also providing all information deemed necessary for the purposes of analysis and presentation of defense.

7.8 If the Driving Application or the data transmission results in damage or damage to the User's hardware or software, GETITEZYSERVI will only be responsible if this was caused with intent or serious negligence attributable to si. GETITEZYSERVI will not be responsible for the loss of Driver data, as the Driver is responsible for backing up his data.

7.9 Limitations of liability will not apply insofar as guarantees have been provided, in the event of damage caused to the life, physical integrity or health of a person or claims under mandatory provisions contained in Portuguese law on the liability of the producer and consumer protection.

8. Exclusion of Use

8.1 Trust in Transport Operators and Drivers who use the services of the GETITEZYSERVI Platform is extremely important for GETITEZYSERVI. For this reason, the Transport Operator and / or its Drivers may be excluded, restricted or suspended from using GETITEZYSERVI's services, temporarily or permanently, totally or partially, in the event of materially relevant non-compliance (ie, failure or violation important) of legal or contractual obligations.

8.2 Materially relevant non-compliance means, but is not limited to, the non-compliance with a payment obligation on the part of the Transport Operator, the revocation of the SEPA direct debit mandate, serious and repeated violations of the internal policies made available on the website, GETITEZYSERVI Platform or in the Driving Application and / or the cancellation of a transport request (including Pre-Reservations) after si has been accepted, without reasonable reason and without proving that reasonable reason.

8.3 If GETITEZYSERVI decides to restrict or suspend the use of its services by the Transport Operator and / or its Drivers, si must transmit to the affected person, 5 (five) days in advance, the reasons for its decision in writing. 

8.4 If GETITEZYSERVI decides to exclude the use of its services by the Transport Operator and / or its Drivers, si must transmit to si, 30 (thirty) days before the exclusion takes effect, the reasons for its decision in writing. 

8.5 In case of restriction, suspension or exclusion, the Transport Operator and / or the affected Drivers will have the opportunity to clarify the facts and circumstances within the scope of the internal complaints handling procedure referred to in clause 9 below, and the GETITEZYSERVI change or revoke the applied measure. 

8.6 The notice provided for in the preceding paragraphs does not apply if GETITEZYSERVI: (i) is subject to a legal or regulatory obligation that determines the cessation of the provision of all of its online intermediation services to a Transport Operator and / or your Drivers, in a way that prevents you from respecting this notice; or (ii) exercise a termination right for an imperative reason under applicable laws; (iii) can demonstrate that the Transport Operator and / or its Drivers in question have repeatedly violated this Agreement and the terms and conditions applicable to the use of the Driving Application, resulting in the cessation of the provision of all the intermediation services in question. The Transport Operator and / or its Drivers will receive the reasons for the decision in writing.

9. Complaints

9.1 GETITEZYSERVI makes available on its website an electronic button for the submission of complaints, redirecting the Transport Operator and / or its Drivers to a free Electronic Complaints Book, which is also available in the Driving Application.

9.2 GETITEZYSERVI monitors complaints quickly and effectively, taking into account the importance and complexity of the issues raised. GETITEZYSERVI will communicate to the complainant the results of the internal complaint handling procedure.

10. Intellectual Property

10.1 GETITEZYSERVI grants the Transport Operator, under the terms of this Agreement, a revocable, non-exclusive and non-transferable use license on the Driving Application, solely and exclusively for use in the context of Transport Services. Any other use or commercial exploitation of GETITEZYSERVI's rights, services and content will not be allowed.

10.2 However, the license granted to the Transport Operator excludes the Transport Operator's right to modify, copy, translate, disseminate, publish, transmit, distribute, produce, present or assign the rights to any content that appears on the GETITEZYSERVI Platform, in website, in the Driving Application and through si. The Transport Operator is also prohibited from decompiling, disassembling or reverse engineering the Driving Application.

10.3 The Transport Operator is not authorized to use the GETITEZYSERVI logo (and / or any other brand associated with GETITEZYSERVI services) or to mention the name of GETITEZYSERVI (and / or any other brand associated with GETITEZYSERVI services) as a reference on its website or any other means of communication, without the prior written consent of GETITEZYSERVI.

11. Communications and Data Protection

The Transport Operator is aware that some personal data of its Drivers will be collected and processed by GETITEZYSERVI, for the purpose of any intermediation services made available on the GETITEZYSERVI Platform, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (“GDPR) and the other applicable legal and regulatory provisions of Portuguese law, with this Agreement and with the GETITEZYSERVI Privacy Policy, available at https://myGETITEZYSERVI.eu/privacy_cookies The Operator Transport and its Drivers also assume that they will comply with all obligations arising from the GDPR. 

12. Confidentiality

12.1 Transport Operators agree not to use any technical, financial, strategic or any other confidential information, of any nature, of which they may become aware, relating to the activity of GETITEZYSERVI or the GETITEZYSERVI Platform, including protected information as a business secret.

12.2 “Confidential information” means all written, verbal or constant computer-based information, which contains data of an organizational, technical, commercial or financial nature, or any other information relating to the activity of each party and passengers.

12.3 Except as provided in clause 12.1: (i) the internal transmission of information to subcontractors, employees or consultants of the receiving party to the extent strictly necessary to comply with the provisions of this Agreement and to which si must demand secrecy under the terms set forth herein ; (ii) information that is already known to the other party at the time of its disclosure, or that becomes publicly known without its fault, or that is transmitted to si by a third party without breach of this Agreement; and (iii) the disclosure of information to the extent strictly necessary for the purposes of complying with legal provisions or a court order.

12.4 The obligations provided for in this clause remain, regardless of the termination of this Agreement for any reason, after the date on which si expires.

12.5 If one of the parties cedes its contractual position in this Framework Agreement, under the terms provided for in Clause 15.5 below, si will continue to be subject to the duty of confidentiality provided for in the preceding paragraphs.

13. Independence 

13.1 GETITEZYSERVI does not have any power of direction or authority over the Transport Operator, Drivers registered in its name, or over any collaborators and employees that the Transport Operator assigns to the provision of Transport Services, who will act as independent professionals, without any legal subordination to GETITEZYSERVI or subject to its direction or discipline. For this reason, under no circumstances may the Transport Operator or its Drivers and employees present themselves or act as representatives or workers of GETITEZYSERVI.

13.2 This Agreement or the services provided under si may not be interpreted as giving rise to an agency relationship between GETITEZYSERVI and the Transport Operator and / or between GETITEZYSERVI and the Drivers, employees and employees of the Transport Operator, at least that the parties will not be able to act in representation, make any commitment or create any obligation on behalf of the other.

14. Alternative Dispute Resolution 

14.1 The Transport Operator and / or its Drivers may resort to an alternative dispute resolution procedure, in the event of a complaint related to the interpretation and / or application of this Agreement, without prejudice to recourse to other means of defense. Thus, any dispute or dispute may be the subject of amicable settlement through mediation with the following mediation platforms.

14.2 To submit a dispute to the chosen mediator, the Transport Operator and / or its Drivers must complete the form on the respective mediation platform.

14.3 Whatever the means used to request mediation, the application must contain the following elements for quick processing: your postal, electronic and telephone contacts as well as the name and address of the Transport Operator and / or its Drivers, a summary of the facts and proof of the previous steps taken.

15. Termination

15.1 This Framework Agreement is concluded for an indefinite period and both parties are entitled to terminate si at any time.

15.2 The Agreement will terminate automatically, without the need for prior notice of termination, but with a statement of its grounds, if the Transport Operator himself or any of the Drivers under his name are no longer authorized or licensed to perform Transport Services.

15.3 GETITEZYSERVI will also have the right, at any time and in compliance with the provisions of Clause 8, to unilaterally terminate this Agreement with respect to part of GETITEZYSERVI's services, in particular the Payment by Application services, Ride or Prepaid services. -Reservations.

15.4 GETITEZYSERVI reserves the right to set the status of the Transport Operator's account as “inactive” if he does not perform transport services through GETITEZYSERVI for at least 3 (three) months. If this happens, the Transport Operator will not be able to receive any further booking requests. However, the Transport Operator may reasonably request that your account be reactivated.

15.5 Without prejudice to the foregoing, either party may also, under the general terms of the Law, terminate this Agreement when si is found that there has been a defective or serious and / or repeated failure by the other party to comply with the obligations arising therefrom. The party that intends to terminate the Agreement must notify the other party of such intention by registered letter with acknowledgment of receipt with 30 (thirty) days notice, with the invocation of the respective grounds, granting si a period of not less than 10 (ten) days to remedy the case of non-compliance or defective fulfillment, if this is remedial. If the non-compliance in question is not remedied within this period, the non-defaulting party may terminate this Agreement with immediate effect, by registered letter with acknowledgment of receipt. Termination of this Agreement,

15.6 On the date of termination of this Agreement, for any reason and even imputable to GETITEZYSERVI: (i) the Transport Operator undertakes to return to GETITEZYSERVI all data, materials and / or equipment belonging to GETITEZYSERVI; and (ii) GETITEZYSERVI and the Transport Operator remain bound by the obligations set forth herein in matters of confidentiality, copyright and treatment of personal data, which will continue to bind the parties even after the expiration of this Agreement.

16. Final Provisions

16.1 This Agreement is governed by Portuguese law. 

16.2 Any dispute regarding the interpretation or execution of this Agreement will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Portuguese courts. 

16.3 If any provision provided for in this Agreement is, or will be, considered invalid or ineffective, or if this Agreement contains a gap, this will not affect the validity of the other provisions. In place of the invalid or ineffective clause, or to fill the gap, a provision should be included that is as close as possible to the economic purpose envisaged by the Agreement.

16.4 Without prejudice to the provisions of clause 14.4 above, non-compliance or delay in the fulfillment of any of the contractual obligations, on the part of one of the parties, or both, will be considered justified if, and to the extent that, they are due to Force Majeure. “Force Majeure” means any event that is unpredictable and inevitable, that is beyond the reasonable control of the party affected by si, such as, and without limiting the list, the state of war, acts of terrorism, or catastrophes such as floods, fires, earthquakes, cyclones, lightning and hurricanes or other cataclysms. The party that understands that si can invoke Force Majeure must immediately inform the other party in writing and must use all reasonable efforts to resume full compliance with its contractual obligations as soon as possible.

16.5 The Transport Operator may not assign, in whole or in part, its contractual position without the prior written consent of GETITEZYSERVI. For its part, GETITEZYSERVI may, at any time, assign its contractual position, as well as transfer any rights or obligations assumed under the terms of this Agreement to any affiliated company, just for the purpose that si communicates si to the Transport Operator, which si now gives its consent to the said assignment.

16.6 GETITEZYSERVI reserves the right to change the terms and conditions of this Agreement, including any information on the pages mentioned in the hyperlinks of this Agreement, with a notice of 15 (fifteen) days, such changes being binding on the Transport Operator upon your acceptance of the amended Agreement and after its publication. The continued use of the GETITEZYSERVI Platform by the User after these changes will express his consent to them.

16.7 The notice period established in the previous number, second paragraph, will not apply if GETITEZYSERVI: (i) is subject to a legal or regulatory obligation that determines the amendment of this Agreement; (ii) exceptionally amend the Agreement to deal with an unforeseen and imminent danger related to the defense of online intermediation services, their consumers or other professional users against fraud, malicious software (malware), commercial communications unsolicited spam (spam), data breaches or other cybersecurity risks.

16.8 GETITEZYSERVI will notify the Transport Operator of any change to the Agreement, through the User's last registered email address. 

16.9 This Agreement is subsidiarily applicable to the terms and conditions for users of the Driving Application, namely, but not limited to, matters of Intellectual Property, Data Protection and Confidentiality.

Valid from 01.01.2021
 

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