Eligibility and Use of the Platform
Access to and use of the GETCHO Platform is available only to individuals who are at least 18 years old and who can form legally binding contracts under applicable law. By accessing or using the GETCHO Platform, You represent and warrant that you are eligible to do so.
To promote the GETCHO Platform, content from the GETCHO Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements. To assist Members who speak other languages, content from the GETCHO Platform may be translated, in whole or in part, into other languages and where done so, GETCHO does not guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of them.
Regardless of whether you access or use the GETCHO Platform with or without an account, by accessing, searching on or using the GETCHO Platform in any way, You agree that you will not:
- Use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions;
- Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Members or to any GETCHO Items.
- Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the GETCHO Platform or content thereon for any purpose without GETCHO's prior written approval;
- In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate GETCHO Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the GETCHO Platform; and
- Attempt to indirectly undertake or achieve any of the foregoing.
Payment Processing Services
Payment processing services, which are a key feature of the GETCHO Platform, are currently provided by Stripe, and where applicable, may include money transmission services pursuant to licenses or other regulatory approvals held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms or by accessing, searching or using the GETCHO Platform, You agree to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement, as they may be amended or modified from time-to-time by Stripe. GETCHO’s provision of any payment processing services through Stripe is subject, and conditioned upon, Your agreement to provide GETCHO up-to-date, accurate, and complete information relating to you and your payment instrument (s) and You expressly authorize GETCHO to share this information and transaction-related information relating to your use of payment related services with Stripe. GETCHO reserves the right to provide payment processing services through other third party vendors, and if it choose to do so, will provide notice to you via GETCHO Messaging or through another method.
Prohibited GETCHO Items
GETCHO users expressly agree not to use the GETCHO Platform or bring any item that is prohibited under the laws of the United States and/or its subdivisions, or of any international laws or laws of any local jurisdiction applicable to user goods, transit or destination. It is the responsibility of both the Shopper (and not GETCHO) to refrain from requesting or bringing any Item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited items include, but are not limited, to:
- Hazardous Materials as defined by the United States Environmental Protection Agency (EPA) the United States Occupational Safety and Health Administration (OSHA), the United States Department of Transportation (USDOT), the United States Nuclear Regulatory Commission (NRC) or by the United States Department of Commerce (DOC), United States Customs and Borders Protection (CBP), United States Department of Homeland Security or similar agencies, national, state and local.
- Counterfeit goods
- Stolen property
- Live animals
- Firearms, ammunition, explosives or chemicals
- Human remains
- Illegal drugs or regulated drugs (prescription) in violation of law
- Any product or item related to illegal activities, such as the production of illegal drugs
- Knives, batons or other weapons
- Certain agricultural products
Limitation of Liability
WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE GETCHO PLATFORM, OR TO THE RELATIONSHIP BETWEEN YOU AND GETCHO OR BETWEEN YOU AND OTHER MEMBERS, REMAINS WITH YOU AND NEITHER GETCHO NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OF GETCHO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USER OF THE GETCHO PLATFORM IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF ONE HUNDRED FIFTY DOLLARS ($150).
If You have any questions, comments, or concerns regarding these terms or the GETCHO Platform, please contact: firstname.lastname@example.org