AFFILIATE TERMS & CONDITIONS FOR OTIMO

Last updated: August 2021

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING ACCEPT, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROCEED TO REGISTER AS AN AFFILIATE.

1. Introduction

Welcome to Otimo!

This page tells you the terms on which you may use our mobile application, Otimo (throughout these terms, known as the “App”), as a registered affiliate. Please read carefully before use.

By applying to become an affiliate, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the App.

We may update these terms from time to time, so please check back regularly as any updates will apply to your use of the App. Please note that the app store from which you downloaded the App (e.g. Apple App Store or Google Play) will also have terms and conditions, and will apply to your use of the App.

Otimo is an app which helps learners monitor their experience during driving lessons.

2. Who We Are

Otimo is operated by Otimo Partnerships Ltd, a limited company registered in England and Wales under company number 11113112. Our registered office is at Hollingwood Business Centre, ℅ Mj Goldman, Albert Street, Oldham, England OL8 3QL.

3. Registering for Otimo as an Affiliate

When you register for Otimo as an affiliate, you wish to recommend the App to your customers or potential customers.

When you sign up, you will receive a referral code. When a learner signs up to the App, and uses your referral code, you are entitled to £10 in respect of that learner. We will send you the amount of commission earned by you at the end of the month. This will be sent to you by bank transfer, to the bank details provided by you when you registered as an affiliate. There is no limit on the number of learners you may refer.

If you have a query about commission earned, please contact us at gavin@weareotomo.com. In the event of a dispute as to the amount of commission earned, our determination will be final.

You must comply with these terms to receive commission, and you must promptly provide us with information we may request from time to time to verify your compliance with these terms. Failure to comply will result in you not receiving commission.

We reserve the right to reject any learner from using the App for any reason, or suspend their access to the App.

4. Use of the App

You have permission for temporary use of the App, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

Please note that, when the App is running (i.e. monitoring your driving lesson), you cannot use your device in any circumstances. You should activate the App before the lesson commences, and only end the monitoring undertaken by the App once the car has stopped and the engine is switched off.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use the App, you must make sure that they read these terms first, and that they follow them. If you download the App onto someone else’s device, it is your responsibility to ensure you have that person’s permission.

Only use the App as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We frequently update the App and make changes to it, but we don’t have to do this, and material on the App may be out-of-date. No material on the App is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the App by anyone.

When we roll out updates for the App, these will be to improve functionality and performance of the App, address security issues or reflect changes to the operating system. If you do not update the App when requested, it may no longer run as expected.

If you have any issues using the App, please contact us at gavin@weareotomo.com

If we need to contact you about anything, we will do so by using the email address associated with your account, or we may communicate with you through the App.

5. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the App (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to stream or download one copy of the App onto your personal device, for personal purposes only. Please note that each subscription allows access for one person to use the App. You must not share your login details with any other person. If we believe you have done so, we can suspend or terminate your subscription, without refund.

If you breach these terms, you may lose your right to use our App, and must destroy or return any copies you have made.

6. Acceptable Use of the App

When using the App, you must not:

• use the App in an unlawful manner or act fraudulently or maliciously (including inserting malicious code into the App);
• infringe our intellectual property rights or that of a third party;
• transmit anything which is defamatory, offensive or otherwise objective;
• use the App in a way that could damage, disable, overburden, impair or compromise our systems; or
• collect or harvest information from the App to attempt to decipher any transmissions to or from our servers.

7. Our Legal Responsibility to You

We do not guarantee the accuracy of material on the App. As far as legally possible, we exclude legal responsibility for the following:

• Any loss to you arising from use of the App
• Loss of income, profit, business, data, contracts, goodwill or savings

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

You are responsible for your acts and omissions as an instructor, and we take no responsibility in this regard. Our total liability to you under these terms is limited to £1,000.

8. Uploading to the App

If you upload material to the App and we do not deem your usage to be acceptable, we can remove the content and end your use of the App.

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won’t be legally responsible to anybody for the accuracy of material that you upload to the App, and we can remove it at any time.

9. Computer Offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the App will end straight away. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to the App or server or any connected database or make any ‘attack’ on the App. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via the App.

10. Links to the App

You are allowed to make a legal link to the App from your website. We can end this permission at any time.

11. Links from the App

Links from the App to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.

12. Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

13. Applicable Law

If there is a dispute arising out of these terms, the English courts will deal with it. English law applies to these terms and conditions. Where you are a consumer based in Scotland or Northern Ireland, the courts of the country you reside in will also have jurisdiction.

14. Contact Us

Please email us at gavin@weareotomo.com to contact us about any issue.