GETIDA (“Getida,” “We” or ”Our”) provides its Services (as defined below) to You through its web site located at www.getida.com (the “Site”), subject to these Terms. By accepting these Terms, or by accessing or using the Services or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use.
In consideration of the Service Fee, Getida will provide the Services as such term is defined in these Terms. You agree to use the Services for internal business purposes only. Services are provided to You through the Site based on the plan purchased by You from Getida. Any features added to or otherwise modifying the Services are also subject to these Terms. You acknowledge that Services may not be available at all times, especially for: (a) planned downtime or (b) any unavailability caused by circumstances beyond Getida’s reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Getida’s control. While it is GETIDA’s goal is to provide 100% system availability (except for scheduled maintenance and events beyond GETIDA control), GETIDA cannot insure uninterrupted use or provision of the Services, or system.
You are responsible for cancelling Your account. You may cancel your account at any time for any reason by
providing thirty (30) days prior written notice to GETIDA at any time at firstname.lastname@example.org. GETIDA may
cancel your account at any time, for any reason or no reason by providing written notice to You at the email
address you’ve provided. Getida may modify or discontinue, temporarily or permanently, the Services (or any
part thereof) and/or remove and discard any of Your content within the Service if Getida believe that You
have violated these Terms. Getida shall not be liable to You or any third party for any modification,
suspension or discontinuation of the Services.
Once You cancel Your account You will lose access to all of Your content, and Getida reserves the right to delete all such content in the normal course of operation. This content cannot be recovered once Your account is cancelled.
All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, and other materials that are delivered to You under the Terms or prepared by or on behalf of GETIDA in the course of performing the Services (collectively, the "Deliverables") shall be owned by GETIDA. Getida shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback Getida receives from You.
You are responsible for all information, data, text, messages or other materials that You post or is
otherwise transmitted via the Services. You are responsible for maintaining the confidentiality of Your
login and account, and are fully responsible for any and all activities that occur under Your login or
account. In providing You the Services Getida will maintain appropriate administrative, physical and
technical safeguards to protect the security, confidentiality and integrity of Your data. These safeguards
include encryption of Your data in transmission (using SSL or similar technologies), except for certain
external third party integrations that do not support encryption. You agree that Getida can access Your
accounts information in order to respond to Your service requests. Getida will not disclose such data except
if compelled by law, permitted by You. You agree not to use the information gained from Getida in any type
of way without Getida’s written consent, which shall be required in each instance.
[6. Description of Service.
GETIDA provides You with some or all of the following services (“Services”) with regards to claims with
third party logistics providers (including, but not limited to Amazon.com and its affiliates) related to
Your goods and inventory:
(a.i) Units Lost, Damaged, Destroyed
(a.ii) Returned without 20% restocking fee
(a.iii) Credited more than charged
(a.iv) Refunded but never returned
(a.v) Commission wrongfully charged
(a.vi) Replacements over 45 days
(a.vii) Stock deducted after shipment closed
(a.viii) Wrong item returned and scanned
(a.ix) Chargeback not refunded
(a.x) Returns damaged by carrier or Amazon.com
(a.xi) Any additional services related to Your goods and inventory that GETIDA may provide in the future.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Getida, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service, (f) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software, or (g) try to use, or use the Service in violation of these Terms.
You shall not access or use the Services if You are located in Burma (Republic of the Union of Myanmar), Cuba, Iran, Libya, North Korea, Sudan, or Syria (the “Prohibited Jurisdictions”), and You shall also not provide access to the Services to any government, entity or individual located in the Prohibited Jurisdictions.
Services are made available on a pay-as-you-go basis. Payment is made by credit card or bank transfer. You
will be required to provide payment information prior to using the Services. We charge 25% of all
reimbursements for all cases we open. Unless otherwise stated, Getida’s charges do not include any taxes,
levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes
assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are
responsible for paying Taxes except Getida’s income taxes. If Getida believes there is a legal obligation to
invoice You for such Taxes, we will do so.
If Your payment information is entered in error or does not go through for processing and You do not update payment information upon Getida’s request, your access to or use of the Services may be suspended or cancelled. Getida may use a third-party intermediary to manage payment processing. This intermediary uses your billing information to process Your payment information for Getida.
Getida reserves the right to change prices (including but not limited to those associated with the Services) without prior notification. Getida will notify you in advance of any changes to rates and pricing. Such notifications will be posted on the Site and sent via email to the email address each customer has provided during registration.
DISCLAIMER. This is not a sale of goods. Except as outlined herein, GETIDA disclaims all warranties,
expressed or implied, including any warranty of merchantability or fitness for a particular purpose. YOU
ACKNOWLEDGE THAT GETIDA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE
OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM GETIDA OR THROUGH THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. The provisions of this Section 7 shall survive
cancellation or termination of the Services or Your account.
IN NO EVENT SHALL GETIDA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR
LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT GETIDA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
IN NO EVENT SHALL GETIDA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GETIDA PURSUANT TO THE TERMS IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, GETIDA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend and hold harmless Getida, including its officers, directors, employees, agents, successors, and assigns, from any and all claims, losses, liabilities, damages, judgments, and expenses (including reasonable attorney’s fees and witness fees) (“Losses”), arising from or in connection with any of the following: (a) the death or bodily injury of any agent, employee, customer, business invitee, or business visitor or other person caused by Your conduct, or that of Your agent or employee; (b) the damage, loss or destruction of any real or tangible personal property caused by Your conduct or the conduct of Your agent or employee; (c) any losses asserted by a third party against You, resulting from Your acts or omissions or those Your employees, agents, contractors, successors and permitted assigns; and/or (d) any Losses arising out of or in connection with Your breach of these Terms, or Your access to, use, misuse or illegal use of the Service. Getida reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case You agree to cooperate with any reasonable requests to assist Getida’s defense of such matter. The provisions of this Section 9 shall survive any termination or cancellation of Services.
You acknowledge that these Terms constitute a contract between You and Getida, even though it is electronic and is not physically signed by You and Getida, and that these Terms govern Your use of the Service and supersede any other agreements between You and Getida.
If any term or provision of the Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify the Terms to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). Getida may amend these Terms from time to time, in which case the new Terms will supersede prior versions.
No waiver by any Party of any of the provisions of the Terms shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in the Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
You shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under the Terms without the prior written consent of Getida. Any purported assignment or delegation in violation of this Section 14 shall be null and void. No assignment or delegation shall relieve You of any of its obligations under the Terms. Getida may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of Getida's assets without Your consent.
The Terms are binding on and inures to the benefit of the Parties to the Terms and their respective permitted successors and permitted assigns.
The relationship between the parties is that of independent contractors. Nothing contained in the Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
The Terms and all matters arising out of or relating to the Terms or Services, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of New York, United States of America (including its statutes of limitations and N.Y. Gen. Oblig. Law § 5-1401), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
Any controversy or claim arising out of or relating to The Terms, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). The award rendered by the arbitrator shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The seat or place of arbitration shall be New York City. The arbitration shall be conducted and the award shall be rendered in the English. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. The arbitrator will have no authority to award punitive damages, consequential damages, liquidated damages, compensatory damages exceeding the amount set forth in Section 8. The parties agree to arbitrate solely on an individual basis, and that The Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void. You shall have the right to opt out of this agreement to arbitrate by providing written notice of its intention to do so to Getida within 60 days of your acceptance of the Terms.
Each Party acknowledges that any controversy that may arise under the Terms or Services, is likely to involve complicated and difficult issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to the Terms, or the transactions contemplated hereby.