Go — Terms

Go Terms of Service


Please carefully read the Terms of Use and the Privacy Policy (collectively, the “Terms”). The Terms govern and apply to your access and use of www.getgo.tradeshift.com and other websites operated by Tradeshift, Inc. ("Tradeshift", “we” or “us”) on which a link to the Terms is posted (“Site”) and Tradeshift’s mobile apps in which the Terms are made available, including without limitation "Go" (collectively, “Apps."" The Site and the App are collectively referred to as the “Service.”


PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “SIGN UP” ON THE SITE OR BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE APP(S) OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE PRIVACY POLICY. By accessing or using our Service, you agree to be bound by all of the terms and conditions described in the Terms. If you are not eligible or do not agree to all of the Terms, do not use our Service.


You acknowledge and agree to the following:

  • The App(s) are licensed, not sold to you, and you may use the Service only as set forth in the Terms;
  • When you first create a Go account, we may ask for your mobile number in order to verify your account by text message and any applicable text messaging fees of your mobile network operator (the “Carrier”) will apply;
  • Your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of the Carrier, which are your sole responsibility;
  • The Service is provided “as is” without warranties of any kind and Go’s liability to you is limited; and
  • Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THE TERMS, YOU AND Go ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration provision below for the details regarding your agreement to arbitrate any disputes with Go.

USE OF THE SERVICE

Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App(s) from a legitimate marketplace (such as Apple’s App Store or Google Play) to your mobile device, and to access and use the Service, in each case, for your own personal use. You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.

Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.

Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.

In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. or Google (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Go is not responsible for any act or omission of any Service Provider. Go does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify Go immediately to suspend services.


CREATING AN ACCOUNT

In order to access and use our Services, you may need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide your mobile number in order to verify your Account by text message. Please be aware that your Carrier’s text messaging fees apply for mobile number verification. When creating an Account, you also may be required to provide certain personal information about yourself.

You agree to provide and maintain accurate, current and complete information about your Account, including without limitation your mobile phone number. Without limiting the foregoing, in the event you change or deactivate your mobile phone number, you will update your Account information promptly to ensure that your messages are not sent to the person who acquires your old number.

When creating an Account, don’t:

  • Provide any false personal information to us (including without limitation a false email) or create any Account for anyone other than yourself without such other person’s permission;
  • Use an email that is the email of another person with the intent to impersonate that person; or
  • We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to terminate any Account that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, then you must immediately notify us at gosupport@tradeshift.com.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your login credentials) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.


MESSAGING

The messaging feature in Go allows you to chat with an agent to communicate your travel needs. The agent then provides you offers for the best flight, hotel, rental car, cruise, and other travel-related bookings to satisfy your communicated travel needs. In communicating with an agent via the messaging feature, you agree to be respectful of the agent and to behave in a polite and courteous manner.

By submitting messages through the messaging feature, in addition to the rights that you grant us for any Content that you make available through using the Service, you also grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such messages, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).


PAYMENT

Access to the Service, or to certain features of the Service, may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider. In addition, accessing certain features of the Service may require you to authorize Go to pay fees to a Service Provider on your behalf as an agent.

Furthermore, if you initiate a request for travel-related booking offers using the messaging feature, but ultimately do not choose to purchase any of the resulting, booking offers returned by the agent related to your request, you agree to pay a cancellation fee of up to $5, paid to Go. You will not be charged a fee in the case you do choose to purchase any of the resulting, booking offers returned by the agent in response to your request.

In case that you purchase any content or materials via the messaging feature, you agree to be charged an additional service fee of up to $5, which will be paid to Go.

Go is a part of the Expedia Affiliate Network (EAN). Hotel bookings completed via Go are often carried out using EAN and therefore satisfy EAN's terms and conditions.


HOTELS

Users can ask Go for lodging options, which are sent to the user directly inside the chat interface. Most of these results will include photos of the corresponding locations. It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. Go is not responsible for any inaccuracies in the photos.


PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. The Privacy Policy is incorporated by reference into these Terms.


CHANGES TO THE TERMS

We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.


OWNERSHIP

Our Service (including without limitation the App(s)) is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service (including without limitation the App(s)), including all associated intellectual property rights. Except as expressly provided in the Terms, you may not make use of the Service, and Go reserves all rights to the Service. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including without limitation the App(s)). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (including without limitation the App(s)) (“Feedback”) will be the sole and exclusive property of Go and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.


TERMINATION

If you breach any of the provisions of the Terms, your permission to use the Service will terminate automatically. Additionally, we have the right in our sole discretion to suspend or disable your access to or use of the App(s) and/or Service or to terminate your Account and the Terms at any time, with or without notice. You may terminate the Terms at any time, with or without notice, by requesting to delete your Account and discontinuing all access to and use of the Service. You can file such a request by contacting support@userGo.com. If you or we terminate or delete your Account or terminate the Terms, you will promptly remove all copies of the App and parts thereof from your possession and control. Upon termination of the Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, this sentence and the following provisions: the last paragraph of “Use of the Service,” as well as “Payment,” “Privacy Policy” (for information provided during the duration of the Terms), the license you grant in “Ownership,” “Limitation of Liability,” “Exclusions,” “General,” “Dispute Resolution and Arbitration,” and “Special Terms Regarding Apple.”


DISCLAIMER

YOU UNDERSTAND AND AGREE THAT SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS OR BE FREE OF ERRORS OR HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) AND YOUR DEALINGS WITH OTHER SERVICE USERS.


LIMITATION OF LIABILITY

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO USD $100.00. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OBTAINED FROM THE SERVICE); (ii) ANY CONDUCT OR CONTENT OR MATERIALS OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT OR MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


GENERAL

The Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. To the extent that any lawsuit or court proceeding is permitted under the Terms, you and Go agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes. We operate the Service from our offices in California, and we make no representation that the Service is appropriate or available for use in other locations. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.


DISPUTE RESOLUTION AND ARBITRATION

In the interest of resolving disputes between you and Go in the most expedient and cost effective manner, you and Go agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND Go ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

Any arbitration between you and Go will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Go.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, via the email address associated with your Go account ("Notice"). Go's address for Notice is: Go, Inc., Attention: General Counsel, 1436 Arch St, Berkeley, CA 94708. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Go may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Go shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Go shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Go in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.

In the event that you commence arbitration in accordance with the Terms, Go will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your home address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Go for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

YOU AND Go AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Go agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

In the event that Go makes any future change to this arbitration provision (other than a change to Go's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Go's address for Notice, in which case your Account shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

If the class action waiver two paragraph(s) above is found to be unenforceable or if the entirety of this Dispute Resolution and Arbitration section is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in in the General section shall govern any action arising out of or related to the Terms.


CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing.


NOTICE FOR CALIFORNIA USERS

If you are a California resident, you may have the Terms mailed to you electronically by sending a letter using the contact information provided in the “Questions & Contact Information” provision with your electronic mail address and a request for the Terms. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.


SOFTWARE NOTICE

Go provides certain location information using GeoBases, which is licensed under a Creative Commons Attribution-ShareAlike United States License 3.0. It is attributed to Open Travel Data and Service.


QUESTIONS & CONTACT INFORMATION

The Services are offered by Tradeshift, Inc., located at 612 Howard Street, San Francisco, CA 94105. Please contact us if you have any questions about our Terms. You may contact us by sending correspondence to the foregoing address or by emailing us at gosupport@tradeshift.com.


Effective Date: June 9, 2015