OTO Platform Limited (“OTO”), primarily operates, controls, and manages the Services (as defined below) provided by it from its corporate office at House-30, Road-12, Flat-2B, Sector-10, Uttara, Dhaka
A. Acceptance of Terms
YOU SPECIFICALLY AGREE THAT BY USING THE PRODUCT, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER THE LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.
B. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge, and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website, Apps and Services offered through this Website, Apps do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules, or regulations.
You need not register with OTO to simply visit and view the Product, but to access and participate in certain features of the Product, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Product and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to OTO in providing you with a more customized experience when using the Product. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”). In some cases, your account might be created by us upon your verbal request to OTO.
You are solely responsible for safeguarding your OTO password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify OTO immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without OTO’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Product and/or the Services offered through the Product.
You hereby expressly acknowledge and agree that you yourself and not OTO will be liable for your losses, damages, etc. (whether direct or indirect) caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of OTO or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the Website, Apps, or its product in any medium without OTO’s prior written authorization.
- You will not alter or modify any part of the Website, Apps, or its product other than as may be reasonably necessary to use the Website, Apps, or its product for its intended purpose.
- You will provide true, accurate, current, and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current, and complete.
- You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without OTO’s prior written approval.
- You shall not in any manual or automated manner collect SERVICE PROVIDERs or SERVICE USERs information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third-party site.
- You shall not in any way transmit more request messages to the OTO servers, or any server of an OTO subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. OTO reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form SERVICE PROVIDERs or SERVICE USERs for employment or contracting for a business not affiliated with OTO without express written permission from OTO.
- You shall not take any action that (i) unreasonably encumbers or, in OTO’s sole discretion, may unreasonably encumber the Product’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Product or any third-party participation in the Product; or (iii) bypasses OTO’s measures that are used to prevent or restrict access to the Product.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate the distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, Apps, or its product, including your profile (“Profile”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, Apps or its product, the Service, the SERVICE USER (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage OTO or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant OTO all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture-installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonating, uses the identity of, or attempting to impersonate an OTO employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by OTO in its sole discretion);
- contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys, or online contests;
- distributes or contains viruses or any other technologies that may harm OTO or the interests or property of OTO users;
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of OTO
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with the intent to request a refund of any portion of the payment OR
- unsolicited advertising or marketing of a service not offered on the Product or an external website.
3. NO DISCRIMINATION
- Discriminatory Postings. Bangladesh laws prohibit any preference, limitation, or discrimination based on race, color, religion, sex, national origin, age, handicap, or other protected class. OTO will not knowingly accept any Posting which is in violation of the law. OTO has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is in any way in violation of any law.
4. PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Services purchased by you, unless the SERVICE PROVIDER has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the SERVICE PROVIDER’s identity;
- circumvent or manipulate our fee structure, the billing process, or fees owed to OTO; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing, or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
As a participant in the Website, Apps, or its product, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the SERVICE PROVIDER or SERVICE USER appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a SERVICE PROVIDER or a SERVICE USER from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, OTO, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- Reporting Inappropriate Use of Feedback. You may contact OTO regarding any inappropriate use of Feedback via email at info@OTO
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, OTO shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PRODUCT CONCERNING FEEDBACK, OTO HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. OTO reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services), and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that OTO determines is inappropriate or disruptive to this Product or to any other user of this Product and/or Services. OTO reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that OTO deems appropriate in OTO’s sole discretion. OTO may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at OTO’s discretion, OTO will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Product or on the Internet. OTO does not and cannot review every Posting posted to the Website. These prohibitions do not require OTO to monitor, police, or remove any Postings or other information submitted by you or any other user.
D. Rules for SERVICE USERS
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the SERVICE PROVIDER’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by OTO in connection with the use or purchase of any Service
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a SERVICE USER violates any of the above-referenced rules in connection with his or her Posting, OTO, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the SERVICE USER’s Account privileges; (c) suspend the SERVICE USER’s Account; and/or (d) decrease the SERVICE USER’s status earned via the Feedback page.
E. Disclaimer and Warranties for SERVICE USERS
1. NO SPARE PARTS WARRANTY
SHEBA’S WARRANTY DOES NOT EXTEND TO ANY SPARE PARTS USED IN THE COMPLETION OR DELIVERY OF THE SERVICE PROVIDED BY THE SERVICE PROVIDER. THE SERVICE USERS CAN PURCHASE THE REQUIRED SPARE PARTS ON THEIR OWN OR ENGAGE THE SERVICE PROVIDER TO ACQUIRE THE SPARE PARTS. IN ANY CASE, THE SERVICE PROVIDER OR OTO WILL NOT BE HELD RESPONSIBLE FOR THE QUALITY OR PRICE OF THE SPARE PARTS. THE SERVICE CHARGE HAS TO BE PAID IN FULL TO THE SERVICE PROVIDER AND CANNOT BE HELD BACK DUE TO ANY ISSUES RELATED TO SPARE PARTS.
2. CLAIM RAISE WITHIN THE WARRANTY PERIOD
SERVICE USER HAS TO RAISE A CLAIM WITHIN THE WARRANTY PERIOD OF THE CONCERNED TYPE OF SERVICE. ANY CLAIM RAISED AFTER THE WARRANTY PERIOD WILL BE TREATED AS NEW ORDER.
3. DOCUMENT SUPPORT TO RAISE A CLAIM
FOR PACK AND SHIFT, HOME APPLIANCES, PHONES, LAPTOPS, AND OTHER ELECTRONIC GADGETS, IT IS THE SERVICE USER’S RESPONSIBILITY TO SIGN THE AGREED LIST OF FINAL ORDER LIST PROVIDED BY THE SERVICE PROVIDER. UNLESS THE SERVICE USER CAN PRODUCE A FINAL ORDER LIST SIGNED BY THE SERVICE PROVIDER, OTO WILL NOT TAKE ANY RESPONSIBILITY FOR SETTLING THE DISPUTE BETWEEN THE SERVICE USER AND THE SERVICE PROVIDER. OTO SPECIALLY ENCOURAGES SERVICE USERS TO CLEARLY MENTION DETAILS OF ANY ITEM HANDED OVER TO THE SERVICE PROVIDER OR HIS REPRESENTATIVES IN THE FINAL ORDER LIST TO AVOID ANY CONFUSION OR MISUNDERSTANDING
4. MARKETPLACE DISCLAIMER AND RESPONSPONSIBILITY
OTO IS A MARKETPLACE WHERE SERVICE USERS CAN FIND DIFFERENT SERVICE PROVIDERS OFFERING THEIR SERVICES AT VARIOUS PRICES. THE SERVICE PROVIDERS ARE RESPONSIBLE FOR THE QUALITY OF SERVICE AS PER ORDER SPECIFICATIONS PROVIDED BY THE SERVICE USERS. ALL SERVICE USERS PLACING ORDERS THROUGH OTO ARE RESPONSIBLE FOR CLARIFYING THE REQUIREMENTS AND EXPECTATIONS WITH INDIVIDUAL SERVICE PROVIDERS AT THE TIME OF PROCESSING ORDERS. OTO IS NOT LIABLE FOR THE QUALITY OF SERVICE OR ANY NON-PERFORMANCE BY SERVICE PROVIDERS AFTER THE ORDER HAS BEEN PLACED.
5. DISPUTE SETTLEMENT TIMELINE
OTO AIMS TO SETTLE ANY DISPUTE WITHIN 2 DAYS OF RAISING THE COMPLAINT. HERE OTO WILL PLAY THE ROLE OF A MARKETPLACE TO RESOLVE THE DISPUTE ISSUE BETWEEN THE SERVICE USER AND THE SERVICE PROVIDER. IF THE STAKEHOLDERS FAIL TO RESPOND TO OTO’S PROPOSAL OR COMMUNICATION REGARDING DISPUTE SETTLEMENT WITHIN 2 DAYS, OTO HAS THE RIGHT TO RESOLVE THE DISPUTE IF SEES FIT.
6. DISPUTE COVERAGE
HOWEVER, UNDER CERTAIN CIRCUMSTANCES, OTO CAN CHOOSE TO COMPENSATE THE PLATFORM USERS FOR POOR SERVICE DELIVERY BY SERVICE PROVIDERS. THE EXTENT OF THIS COMPENSATION IS LIMITED TO 10% OF THE ORDER VALUE OR BDT 5000 WHICHEVER IS LOWER. THIS COMPENSATION WILL BE PROVIDED IN THE FORM OF A FREE FUTURE SERVICE COUPON AGAINST THE DISPUTE CASE. A DECISION WILL BE TAKEN BY OTO SUPPORT MANAGEMENT TEAM AFTER A PROPER INVESTIGATION OF THE DISPUTE.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
The Website, Apps or its Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, OTO does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that OTO shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to OTO.
OTO may also disclose user information including personal information if OTO reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate OTO’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO OTO
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. OTO’S DISCLAIMERS AND RIGHT TO REMOVE
- You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources and that OTO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OTO with respect thereto, and agree to indemnify and hold OTO, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
- You are solely responsible for the photos, profiles, and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that OTO may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to OTO, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all rights, titles, and interest in, and OTO is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that OTO is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
G. Copyright Infringement Take Down Procedure
OTO has high regard for intellectual property and expects the same level of standard to be employed by its users. OTO may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at info@OTO
- identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit OTO to locate the material.;
- a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
- information reasonably sufficient to permit OTO to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
- a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
H. Modifications to or Termination of Website
1. MODIFICATION OR CESSATION OF WEBSITE/Apps/Products
OTO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice and in its sole discretion. You agree that OTO shall not be liable to you or to any third party for any modification, suspension, or discontinuance of OTO services.
2. TERMINATION BY OTO
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
Unless OTO has previously canceled or terminated your use of the Website (in which case subsequent notice by OTO shall not be required), if you provided a valid email address during registration, OTO will notify you via email of any such termination or cancellation, which shall be effective immediately upon OTO’s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of OTO Data (as defined below), Marks (as defined below), and other content in your possession or control. You further acknowledge and agree that OTO shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, OTO retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted OTO hereunder shall remain in effect for the foregoing purpose. In no event is OTO obligated to return any Submitted Content to you.
You agree to indemnify and hold OTO, and its officers, managers, members, affiliates, successor, assigns, directors, agents, SERVICE PROVIDERs, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
I. Intellectual Property Rights
1. OTO OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by OTO. Other trademarks, names, and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OTO reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict the use or copying of any Data or enforce limitations on the use of the Website or the Data therein.
2. OTO’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
J. OTO Fees
1. FEES INCURRED BY SERVICE USERS
Joining OTO, opening an Account, and viewing posted Services is free. OTO currently does not charge SERVICE USERs for transactions completed on the OTO Product between SERVICE Users and Services Professionals. However, OTO reserves the right to charge a fee to SERVICE USERs in the future on a per-transaction basis or in any other manner and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after OTO has provided you with thirty (30) days’ notice by posting the changes on the Terms & Condition
You understand that we are acting solely as an intermediary for the collection of rents and fees between a SERVICE USER and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that OTO shall not be responsible or liable in any manner in relation to the tax liability of a SERVICE USER or a SERVICE PROVIDER.
3. REFUND POLICY
Service fees provided by Client to Service Provider or OTO are final and non-refundable. But in some cases OTO support management team can take some decisions if any investigation report finds any issues like
- The client fully paid for a certain job but the job was canceled due to others issues.
- The job has been served and the customer cleared the bill. But dispute arises within the warranty period
- Client paid in advance but job served in less amount.
In case of a refund, an OTO promo code will be provided to the customer for availing of services.
k. Negotiation of Terms of Service; Disputes Between Registered Users
1. OTO IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that OTO is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees, and understands that OTO only seeks to provide a platform wherein the SERVICE USER and SERVICE PROVIDER can be brought together and OTO itself has no role in the execution or provision of Services.
2. NO AGENCY OR PARTNERSHIP
3. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties, or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, SERVICE PROVIDERs and SERVICE USERs
You understand that deciding whether to use the Services of a SERVICE PROVIDER or provide Services to a SERVICE USER or use the information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants, and/or Feedback, is your personal decision for which alone are responsible. You understand that OTO does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While OTO may attempt to seek information about the background of a SERVICE PROVIDER, either via a telephonic or in-person interview, review of past work/customer feedback, and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter, etc., you understand that SERVICE PROVIDERs may register themselves sue moto. You also understand that any so-called background check undertaken by OTO is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the SERVICE USER should take an informed decision on his/her own accord and keep in mind the fact that OTO only seeks to provide a platform wherein SERVICE USERs and SERVICE PROVIDERs have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE OTO only seeks to provide a platform wherein the SERVICE USER and SERVICE PROVIDER can be brought together and OTO itself has no role in the execution or provision of Services ITSELF, OTO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT OTO IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS, OR ANY THIRD PARTY, YOU HEREBY RELEASE OTO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
L. Dispute Resolution
1. GOVERNING LAW
Aspects of the Website and other OTO services may be supported by advertising revenue. As such, OTO may display advertisements and promotions on the service. The manner, mode, and extent of advertising by OTO on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by OTO of any advertised products or services. You agree that OTO shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
N. Third-party Links, Contact Forms, and Phone Numbers
REFERRAL PROGRAM POLICY
- Referrer will be benefited only after the order of the new user(receiver) is served.
- Both Parties will get a 200 BDT discount for successful reference.
- The reference amount of 200 BDT will be divided into two parts. One reference code will be generated, the quantity will be 2 and the amount will be 100 BDT for each quantity.
- Validity for each reference code for the referrer is 1 month and for new users for 3 months.
- Referrers will get a reference code only when a new user places an order worth 500 BDT or more. If a new user uses his first reference code and the order amount is less than 500 BDT, then the referrer will get no benefits from this.
- Referrer’s location can’t be the same as the User’s location.
- Referrer and user can’t order the same service at the same location at the same time period.
O. FRAUDULENT PROTECTION POLICY
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, OTO reserves the right to cancel all past, pending, and future orders without any liability. OTO also reserves the right to refuse or cancel orders in scenarios like inaccuracies in the pricing of products on the website and service unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Any promotional voucher used for the canceled orders may not be refunded. If a SERVICE USER violates any of the below-referenced rules, it will be taken as Fraudulent activity and OTO, in its sole discretion, may take any of the following actions: (a) Cancel the Posting/order; (b) Suspend/Limit the SERVICE USER’s Account privileges; (c) Necessary Action as per Country’s Rules and Regulations; (d) Necessary actions as per company’s policies.
- User Provide Wrong Information while creating an account or placing orders including below points but not limited to Name, Mobile Number, Address, Pic.
- User Reproduce Submitted Documents
- Misuse of another customer’s Phone/Email.
- The user uses invalid email and phone no
- Use of a special voucher not tagged to the email ID/phone number used.
- The user at any point in time copy, alter, modify or distribute any part of the OTO Product (including Website, Apps but not limited to) in any medium.
- Users use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without OTO’s prior written approval.
- The user transmits more request messages to the OTO servers, or any server of an OTO subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
- User Post any message, or information that is in against of Country’s rules & regulations.
- The customer refuses to pay for an order
- The user or its representative not showed up or not communicated while delivering the requested service
- Users use different person’s identities to avail service.
- User demand and strict refund/solution which is not justified or illogical by OTO.
- The same user carries multiple identities to create an account or place an order.
- User misuse any system BUG.
- Users order the same service multiple times on the same day or within the shortest period.
- Users use the same promo code multiple times on the same day or within the shortest period.
- The user refers to another user at the same location.
- Multiple User order service at the same location on the same day.
- The user fails to provide adequate documents when required
- The customer is involved in the snatch and run for any service
Promo Code Policy:
- Promo Code will be applicable within the offered time period.
- Any service under a certain promo code must be served within the offered timeline.
- No promo code can be used after a promotional time period.
- A customer has to take certain services under a promo code within 7 days.
- If a service category has been changed then the promo code will be invalid for the new service.
- The Promo code will be valid if the Line item is changed under the same service category.
Job Avail Policy:
- Service needs to avail as scheduled time requested by the Client.
- If the User needs to reschedule the Service time, thus the user has to confirm two hours before the scheduled time with Service Provider.
- If rescheduling is not communicated or canceled and the service is before 2 hours of the service schedule, thus Cancellation charge or minimum service charge will be applicable.
- This charge will be applicable due to Service Providers’ service time loss and Conveyance cost.
- If the customer cancels any service before two hours of the service schedule time then a cancellation charge is applicable.
- A service Can’t be rescheduled before two hours of service.
- A minimum service charge will be added to the original service charge if reschedule before 2 hours of the service schedule.
P. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OTO AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. OTO DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OTO DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. OTO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD-PARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Q. Limitations of Liability
- IN NO EVENT SHALL OTO, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OTO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- FORCE MAJEURE
R. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE OTO (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
S. No Third-party Beneficiaries
U. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS
4. LIMITATION OF SCHEDULING
An Order’s schedule can be set for 3 times maximum (Initial Schedule plus two Reschedule).
Reschedule can not be more than one week from the current schedule. The exception can be handled case by case.