{"service":{"name":"Gett","url":"https://gett.com/legal/terms/","lang":"ENG","sector":"Transport","hq":"UK","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"Terms & Conditions\nGett Terms of Use\nGETT CUSTOMER TERMS AND CONDITIONS\nIMPORTANT:\nTHESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE\nBASIS UPON WHICH GETT WILL PROVIDE YOU WITH ACCESS\nTO THE GETT MOBILE APPLICATION PLATFORM, PURSUANT TO\nWHICH YOU WILL BE ABLE TO REQUEST CERTAIN\nTRANSPORTATION SERVICES FROM THIRD PARTY DRIVERS BY\nPLACING ORDERS THROUGH GETT’S MOBILE APPLICATION\nPLATFORM. THESE CONDITIONS (TOGETHER WITH THE\nDOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF\nUSE ON WHICH YOU MAY, AS A CUSTOMER, USE THE APP AND\nREQUEST TRANSPORTATION SERVICES. BY USING THE APP\nAND TICKING THE ACCEPTANCE BOX, YOU INDICATE THAT YOU\nACCEPT THESE TERMS OF USE WHICH APPLY, AMONG OTHER\nTHINGS, TO ALL SERVICES HERE IN UNDER TO BE RENDERED\nTO OR BY YOU VIA THE APP WITHIN THE UK AND THAT YOU\nAGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF\nUSE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR\nREQUEST TRANSPORTATION SERVICES. IF YOU DO NOT AGREE\nTO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR\nREQUEST THE TRANSPORTATION SERVICES.\nYOUR ATTENTION IS PARTICULARLY DRAWN TO CONDITION 9\nWHICH LIMITS GETT’S LIABILITY TO YOU.\n1.DEFINITIONS AND INTERPRETATION\ni) In these Conditions (unless the context otherwise requires), the\nfollowing words and phrases shall have the following meanings:\n“App” means the mobile application which provides a platform for\nplacing Orders and is owned by Gett;\n\n“Cancellation Fee” means the fee charged for cancellation of an\nOrder as outlined in Condition 4.7;\n“Cancellation Policy” means Gett’s cancellation and no show policy\navailable on the website or by clicking here.\n“Collection Location” means the location notified by you via the App\nto be picked up by a Driver;\n“Customer” means the individual making a request via Gett’s mobile\napplication platform for Transportation Services. A reference to “you” or\n“your” shall be construed as a reference to the Customer;\n“Customer Account” means the Customer’s account with Gett which\ncontains the Customer’s personal information including their name,\naddress, email address, phone number and payment information;\n“Data Protection Laws” means (until 25 May 2018) the Data\nProtection Act 1998 and (from 25 May 2018) the General Data\nProtection Regulation, together with all legislation made thereunder\nand any other laws relating to the processing of Personal Data, in each\ncase as amended, superseded or replaced from time to time;\n“Driver” means a driver who is an independent contractor and has\nentered into a driver agreement with Gett to provide transportation\nservices to users of the App, including Customers;\n“Fees” means the fare charges payable by the Customer in\nconnection with the Transportation Services and the Technology Fee\nas further outlined in Condition 4;\n“Final Location” means the location notified by the Customer using\nthe App as the final destination for the Transportation Services;\n“Gett” means GT Gettaxi (UK) Limited a company established under\nthe laws of England and Wales with company number 07603404\nwhose registered office is at 1 Plough Place, London, EC4A 1DE and\nreferences to “us” or “we” shall be construed accordingly;\n“Intellectual Property Rights” means any and all patents,\ntrademarks and service marks, registered designs, design rights and\ncopyright, moral rights, rights in data and databases and other\nprotectable lists of information, rights in confidential information, trade\nsecrets, inventions and know how, trade and business names, domain\nnames, get ups, logos and trade dress (including all extensions,\nrevivals and renewals, where relevant) in each case whether\n\nregistered or unregistered and application for any of them and the\ngoodwill attaching to any of them and any rights or forms of protection\nof a similar nature and having equivalent or similar effect to any of\nthem which may subsist anywhere in the world;\n“Order” means a request for Transportation Services by the Customer\nvia the App;\n“Privacy Policy” means Gett’s privacy policy available on the Gett\nwebsite or by clicking here;\n“Personal Data” has the meaning set out in the Data Protection Laws;\n“Services” means the platform for ordering Drivers, through the App,\nfor performance of Transportation Services;\n“Standby Fee” means the sum of £0.50 for each minute a Driver is\nwaiting to collect you or such other sum as notified to you from time to\ntime via the App; and\n“Technology Fee” means the charge levied by Gett for the provision\nof the Services, including for the convenience of accessing\nTransportation Services via the App but not for the provision of\nTransportation Services;\n“Transportation Services” means transportation services to be\nprovided to you by a Driver.\n1. ii) In these Conditions (unless the context requires otherwise):\n2. a) the words “including”, “include”, or “in particular” means\nincluding, includes or in particular without limitation and words in\nthe singular include the plural and in the plural shall include the\nsingular;\n3. b) reference to a party shall, upon any assignment or other\ntransfer that is permitted by these Conditions, be construed to\ninclude those successors and permitted assigns or transferees;\n4. c) the contents list, headings, and any descriptive notes are for\nease of reference only and shall not affect the construction or\ninterpretation of these Conditions; and\n5. d) reference to any legislative provision shall be deemed to\ninclude any statutory instrument, by-law, regulation, rule,\nsubordinate or delegated legislation or order and any rules and\nregulations which are made under it, and any subsequent re-\nenactment or amendment of the same.\niii) These Conditions shall apply to the Customer’s access and use of\nthe Services and all Orders placed by the Customer through the App.\n2.SERVICES\n\n2.1 You must be 18 years of age or older to use the App and place\nOrders. Access to the App is permitted for personal use only.\n2.2 The App provides a means to enable Customers who seek\ntransportation to certain destinations to be connected with Drivers. Gett\ndo not provide transportation services, rather we are a technological\nservice provider that uses an electronic platform to provide the\nServices.\n2.3 Access to, and use of, the App is free of charge. You will need to\nset up a Customer Account and provide your payment details in order\nto access the Services. Any notice or other communication permitted\nor required in accordance with these Conditions by Gett will be in\nwriting and sent to the email address that you provided when setting\nup your Customer Account and/or the App.\n2.4 Notwithstanding the provisions of Condition 2.1, Gett does not\nguarantee availability nor uninterrupted or error free use of the App\nand shall not be liable for any damage, loss, claims, costs or expenses\nresulting from or as a consequence of scheduled or unscheduled\ndowntime, unavailability or slowness.\n3.TRANSPORTATION SERVICES\n3.1 In order to connect you to Drivers, you will be required to enter\nyour Collection Location into the App. Where you enter your Final\nLocation, we will provide you with an estimated Fee for the journey,\nbased on the information provided, and provide you with the availability\nof Drivers. If you wish to proceed with your request for Transportation\nServices, you should select the order button and you will be connected\nwith a Driver for Transportation Services and this shall constitute an\nOrder. By selecting the order button, you will enter into a contract for\nTransportation Services with a Driver and be provided with their details\nvia the App. For the avoidance of any doubt, your contract for\nTransportation Services will be with the Driver selected and will not be\nwith Gett. You acknowledge and agree that Gett is not a party to your\ncontract for Transportation Services.\n3.2 You acknowledge that your geo-location information must be\nprovided by your device in order to enable us to provide the Services.\nYou acknowledge and agree that your geo-location information will be\naccessible by the App and when you are logged-in your location will be\ndisplayed to Gett and Drivers.\n\n3.3 Transportation Services may be cancelled by you prior to the Driver\narriving at the Collection Location, subject to the payment of a\nCancellation Fee. If you are not at the Collection Location when the\nDriver arrives, you may be charged the Standby Fee. Drivers may\ncancel their provision of Transportation Services at any time.\n3.4 Following a Driver completing an Order, you will be able to rate\nyour Driver via the App. Where you chose to rate your Driver, you must\nprovide accurate feedback on the Driver in order to allow us to monitor\nthe quality of the Transportation Services they provide to users of the\nApp. Drivers may also be permitted to rate you as a Customer and\nsuch information may be used by Drivers when deciding whether to\naccept or reject your future Orders. Customers must (and where\nappropriate Customer’s must ensure their guests) at all times act in a\npolite and courteous manner towards Drivers and any other\npassengers of the vehicle.\n4.FEES\n4.1 In consideration of the Transportation Services, you will be charged\nthe Fees. The Fees may be calculated on either a fixed fee or a\nmetered basis and an additional Technology Fee may be added.\nWhere the Fees are paid on a fixed fee basis, the amount of the Fee\nwill be notified via the App and you will have the opportunity to place\nthe Order at your sole discretion at such fixed fees. If you chose to pay\non a metered basis, the Fee will be calculated in accordance with the\npublished hackney carriage fees. As a provider of Transportation\nServices, all Drivers are required by Gett to provide the Transportation\nServices in an effective, efficient and safe manner. Once the\nTransportation Services have been completed and payment made, we\nwill send you an electronic receipt. Details of past journeys are\navailable via the App.\n4.2 As part of the booking process, for every Order you place, you\nagree to Gett making a pre-authorisation payment on your payment\ncard provided on your Customer Account (“Pre-Authorisation\nPayment”). The amount of the Pre-Authorised Payment will either be:\n(i) the fixed fee; (ii) where you select a metered fare and provide a\nFinal Location, the estimated Fee; or (iii) in all other cases, the Fee\nestimated by Gett acting reasonably. This amount will not be debited\nfrom your account at the time of placing your Order, but is ring-fenced\nfor payment of the Fee. A request will be made against the card you\nprovided for payment of the Fee following completion of your Order. If,\nafter fulfilment of your Order, full payment is not successfully made by\n\nyou, the Pre-Authorised Payment may be used to settle, or as part\npayment, towards the outstanding Fee. If payment is received in full,\nthe Pre-Authorisation Payment will be released by Gett. Please note\nthat this may take your bank up to 5 working days to process.\n4.3 If you fail to make payment of the Fee either in full or in part Gett\nmay:\n4.3.1 suspend your access to the Services;\n4.3.2 permanently delete your Customer Account and access to the\nServices; or\n4.3.3 continue to attempt to charge your chosen payment card or any\nother payment cards registered on your account for any outstanding\nFee(s) until such Fee(s) have been paid in full.\n4.4 If you select to make payment of the Fee by cash and then fail to\ndo so, you authorise Gett to charge your payment card to recover such\nunpaid Fees.\n4.5 If you select a fixed fee payment and then, during the course of the\nTransportation Services, require the Driver to change his route in any\nmatter whatsoever, including making any unscheduled stops or using\nan alternative route, the fixed fee may be recalculated to take account\nof such changes. Fees will be recalculated based on the meter and\nsuch changes to the fixed fee will be notified to you via the App.\n4.6 If you are not waiting at the Collection Location when the Driver\narrives, you will be charged the Standby Fee. If you do not arrive in 5\nminutes, your Order will be cancelled and you will be charged the\nCancellation Fee and the Standby Fee.\n4.7 If during the provision of the Transportation Service you soil the\nDriver’s vehicle, you will be charged an additional soiling fee in\naccordance with the relevant local published hackney carriage fees.\n4.8 If after placing an Order you decide to cancel your Order, you will\nbe charged a Cancellation Fee or such other Cancellation Fee as Gett\nmay notify from time to time, as per the Cancellation Policy here.\n4.9 If you raise a complaint pursuant to clause 16 of these Terms and\nConditions then subject to Gett’s absolute discretion any refund that it\nmay determine to provide to you will be credited to the payment card\nyou used for the Journey or such other method as is deemed\nreasonable by Gett for cash payments.\n\n5.FEES AND PROMOTIONS\n5.1 From time to time, Gett may run promotional offers or bonuses for\nusing the Services and details of such promotions and bonuses shall\nbe made available via the App, text message or email. Gett will notify\nyou of offers that you are eligible to accept from time to time and any\nadditional promotional terms and conditions. Where a promotion offers\nCustomers or Drivers a bonus for submitting or completing a set\nnumbers of Orders, you must not do anything in fulfilment of this\npromotion which may be deemed fraudulent. All Orders must involve\nthe provision of Transportation Services to bone fide Customers and\nyou must not collude with Drivers and/or create any fake or fictitious\nCustomer profiles and/or submit fictitious journeys in order to qualify\nfor any promotional or bonus payment. Gett reserves the right to report\nany fraudulent activities to relevant law enforcement authorities.\n5.2 Where it is reasonably considered by Gett that you have acted in a\nmanner that is otherwise than in accordance with Condition 5.1 above,\nGett will notify you and, at its sole discretion, may withhold any\npromotional payment or discount and/or suspend or terminate your\naccess to the App. If you receive such a notification and you believe\nthat you have not breached the requirements of Condition 5.1, you can\nappeal this decision by writing to us\nat customercare.uk@gett.com within 48 hours of receipt of such\nnotification and providing full reasons for your dispute.\n6.DATA AND DATA PRIVACY\n6.1 By downloading and/or using the App you consent to Gett\nprocessing your Personal Data. Gett will process your Personal Data\nfor purposes connected with the Services. From time to time, Gett may\nprocess your Personal Data in order to notify you of opportunities\nconnected with the Services either directly or by an affiliate of Gett.\nWhen processing your Personal Data, Gett will take appropriate\ntechnological measures to protect and keep your Personal Data secure\nand shall process your information in accordance with Data Protection\nLaws. Your Personal Data may be processed outside of the EEA.\n6.2 In order to allow us to provide you with the Services and for Drivers\nto provide you with Transportation Services, your Personal Data may\nbe transferred by Gett to Drivers as well as other data such as your\ntelephone number. As an independent contractor, Gett advises all\nDrivers that they must ensure that they keep your Personal Data safe\nand secure at all times and not allow access to any third parties to\nsuch information. Drivers are advised that they are not permitted to\n\nstore your Personal Data on their mobile device or any other mobile\ntelephone (other than on the App) unless you provide them with\nexpress permission.\n6.3 We also process your Personal Data in accordance with Gett’s\nPrivacy Policy, please ensure that you read this document before using\nthe App. By using the App, you acknowledge and confirm that you\nhave understood the use of your Personal Data set out in the Privacy\nPolicy.\n6.4 Gett does not guarantee that the App will be secure or free from\nbugs or viruses. You must not misuse the App by knowingly introducing\nviruses, trojans, worms, logic bombs or other material which is\nmalicious or technologically harmful. You must not attempt to gain\nunauthorised access to the App, the server on which the App is stored\nor any server, device or database connected to the App. You must not\nattack the App via a denial-of-service attack or a distributed denial-of\nservice attack. By breaching this provision, you may commit a criminal\noffence under the Computer Misuse Act 1990. Gett will report any such\nbreach to the relevant law enforcement authorities and Gett will co-\noperate with those authorities by disclosing your identity to them. In the\nevent of such a breach, your right to use the App will cease\nimmediately.\n6.5 The App may include links to other websites, apps or material\nwhich is beyond Gett’s control and which are owned and controlled by\nthird parties. Gett is not responsible for the content on these links, the\ninternet or World Wide Web pages or any other site or app outside the\nApp. Where the App contain links to other sites or apps or materials\nprovided by third parties, these links are provided for your information\nonly. These links are provided as a courtesy to Gett’s users and are not\nadministered or verified in any way by Gett. Such links are accessed\nby you at your own risk and Gett makes no representations or\nwarranties about the content of such websites or apps and cannot be\nheld liable for the content and activities of these websites or any losses\nyou suffer as a result of using such third party websites. Gett may\nprovide links to third party websites or apps that use cookies on users\nto collect data and/or to solicit personal information. As a result, Gett\nstrongly recommends that you read the privacy policies and terms of\nuse of any third party websites or apps prior to using them.\n6.6 Electronic Communications\nWhen you use the App or send us emails or use pop-ups or make\ncalls, you may be communicating with Gett electronically. Gett will\n\ncommunicate with you by email, pop-up, phone, text or by posting\nnotices on the Gett website. You agree that all agreements, notices,\ndisclosures and other communications sent to you electronically satisfy\nany legal requirement that such communications should be in writing.\n7.INTELLECTUAL PROPERTY\nYou acknowledge that all Intellectual Property Rights and all other\nrights in the App are owned by Gett and remain vested in Gett at all\ntimes and you do not acquire any rights in or to the App under these\nConditions.\n8.SUSPENSION OR MODIFICATION\nGett reserves the right, at its sole discretion, to change, alter, suspend\nor indefinitely close the App and/or your access to the Services. From\ntime to time, Gett may also restrict access to some or all parts of the\nServices and/or the App.\n9.GETT’S LIABILITY\n9.1 Nothing in these Conditions excludes or limits Gett’s liability for\ndeath or personal injury arising from Gett’s negligence, or its fraud or\nfraudulent misrepresentation, or any other liability that cannot be\nexcluded or limited by English law.\n9.2 The material displayed on the App is provided without any\nguarantees, conditions or warranties as to its accuracy. You must bear\nthe risks associated with the use of the App, the Services and the\ninternet.\n9.3 To the fullest extent permitted by law, Gett (including its officers,\ndirectors and employees) and third parties (including any agents or\nsub-contractors) connected to it hereby expressly exclude:\n9.3.1 all conditions, warranties and other terms which might otherwise\nbe implied by statute, common law or the law of equity in it provision of\nthe Services and/or use of the App; and\n9.3.2 any liability arising under or in connection with:\n9.3.2.1 use of, or inability to use, the App and/or Services;\n9.3.2.2 use of or reliance on any content displayed on the App;\n9.3.2.3 incompatibility of the App with any of your electronic and/or\nmobile equipment, devices, software or telecommunications links; and\n\n9.3.2.4 unsuitability, unreliability or inaccuracy of the App and/or the\nServices.\n9.4 Gett shall not be liable to the Customer for the actions or omissions\nof any Driver or in connection with the Transportation Services. Your\ncontract for the Transportation Services is with the Driver directly and\ntherefore any claim that you may have in relation to the Transportation\nServices should be directed to the Driver. If you are unclear as to who\nprovided you with the Transportation Services, you can contact us\nat customercare.uk@gett.com and ask us to provide you with the\nDriver details.\n9.5 If we fail to comply with these Conditions, we are responsible for\nloss or damage you suffer that is a foreseeable result of our breaking\nof our contract with you or our failing to use reasonable care and skill,\nbut we are not responsible for any loss or damage that is not\nforeseeable. Loss or damage is foreseeable if either it is obvious that it\nwill happen or, if at the time these Conditions were accepted, both we\nand you knew it might happen. We only provide access to the App\nand/or Services for domestic and private use. You agree not to use the\nApp and/or Services for any commercial, business or re-sale purposes\nand we have no liability to you for any loss of profit or revenue, loss of\nbusiness, business interruption or loss of business opportunity.\n9.6 Gett will not be liable for any loss or damage caused by a virus,\ndistributed denial-of-service attack, or other technologically harmful\nmaterial that may infect your electronic and/or mobile equipment,\ncomputer programs, data or other proprietary material due to your use\nof the App and/or the Services or to your downloading of any content\non it, or on any website linked to it.\n9.7 Gett shall not be in breach of these Conditions nor liable for any\ndelay in performing, or failure to perform, any of its obligations under\nthese Conditions if such delay or failure results from events,\ncircumstances or causes beyond its reasonable control.\n9.8 Subject to the remainder of this Condition 9, Gett’s total liability to\nyou in connection with these Conditions and the Services, however\narising whether caused by tort (including negligence), breach of\ncontract or otherwise, shall be limited to the Fees payable by you in\nrelation to the Order in which the liability arose.\n10.TERMINATION\n\n10.1 These Conditions shall exist for an indefinite period of time.\nHowever, you may terminate your agreement with us at any time by\npermanently deleting the App installed on any device and deactivating\nyour account.\n10.2 Gett is entitled to terminate its provision of the Services to you or\nyour licence to use the App, with immediate effect, by disabling your\naccount or otherwise preventing you from accessing or using the App,\nat its sole discretion.\n11.VARIATIONS\n11.1 Gett reserves the right, in its sole discretion, to vary these\nConditions at any time. We will notify you of any changes by emails\nand/or through the App and the date of the most recent revisions will\nappear at the bottom of this page.\n11.2 If there is any inconsistency between Gett’s Privacy Policy and\nthese Conditions, the Privacy Policy shall prevail.\n12. ASSIGNMENT\nYour Customer Account and the Services are personal to you, and\ntherefore you may not assign, sub-licence or transfer in any other way\nyour rights and obligations under these Conditions of use to any third\nparty. However, if necessary, Gett may freely assign its rights and\nobligations without your consent and without the need to notify you\nbefore assigning them.\n13. INVALIDITY\nIf any part of these Conditions are disallowed or found to be ineffective\nby any court or regulator, the other provisions shall continue to apply to\nthe maximum extent permitted by law.\n14.THIRD PARTY RIGHTS\nRights under these Conditions only accrue to a person party to these\nConditions. Accordingly a person who is not a party to these\nConditions shall have no rights under the Contracts (Rights of Third\nParties) Act 1999 to enforce any of its Conditions, but this does not\naffect any right or remedy of a third party which exists or is available\napart from that Act.\n15.WAIVER\n\nNo failure or delay by Gett to exercise any right or remedy provided in\nthese Conditions or by law shall constitute a waiver of that or any right\nor remedy, nor shall it preclude or restrict the further exercise of that or\nany right or remedy. No single or partial exercise of such remedy shall\npreclude or restrict the further exercise of that or any other right or\nremedy.\n16.CONTACTING US AND COMPLAINTS\nIf you have any concerns, or wish to contact us for any reason, you\ncan do so by emailing us at customercare.uk@gett.com .\n17.JURISDICTION AND APPLICABLE LAW\nThese Conditions, and any non-contractual obligations arising out of\nthem, are governed and construed in accordance with the law of\nEngland and Wales and any proceedings resulting out of these terms\nof use, and any non-contractual obligations arising out of them, the\nPrivacy Policy, Services and/or the use of the App shall be held in the\nCourts of England and Wales.\n18.NO AGENCY\nNothing in these Conditions shall be construed as creating, in any\nform, an agency relationship between Gett and Customers under the\nlaws of England and Wales.\n19.YOUR STATUTORY RIGHTS\nThese Conditions are without prejudice to your statutory rights.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}