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OTIMO – WEB TERMS AND CONDITIONS

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 USE THE WEBSITE OR BOOK A COURSE.

1. Introduction

Welcome to Otimo!

This page tells you the terms on which you may use our website at https://weareotimo.com/, Otimo (throughout these terms, known as the “Website”), whether as registered user or guest, or book driving lessons through the Website. Please read carefully before use.

By using the Website, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the Website or book driving lessons.

We may update these terms from time to time, so please check back regularly as any updates will apply to your use of the Website and the booking of 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, c/o Mj Goldman, Albert Street, Oldham, England OL8 3QL.

3. Driving Courses

Otimo is a website which helps match “you”, a learner driver, with a compatible “driving instructor”. Our aim is to take the stress away from the process of finding a driving instructor and getting you set up within a shorter time frame. We have partnered with experienced and local driving instructors who provide learners with high quality and individually focused lessons.

We provide the opportunity for learner drivers to book a “Course” of driving “Lessons” on our Website. Our Course is for a minimum of 10 hours’ worth of Lessons.

When you register for Otimo, you are known as a “user” in these terms and conditions. We will also ask you for various pieces of information, including your name, email address, telephone number, availability and location. We may provide your name, email address, telephone number and postcode, as well as the transmission of car you would prefer to drive in, to our affiliated driving schools. This is to allow instructors to contact you directly to arrange driving lessons. We may receive a fee from our affiliated driving schools for this.

You must be over the age of 16 to register for Otimo. For you to be eligible to undertake Lessons, you warrant to us that you hold a valid UK provisional driving licence and there is no medical or other reason why you should not be driving a car in the UK. You will be required to provide the driving instructor with your valid UK provisional driving licence at the start of your first Lesson.

The driving instructors we work with will either be approved driving instructors (ADIs) or potential driving instructors (PDIs). When you select a driving instructor from our Website, we can’t guarantee that we can get you booked in with that driving instructor and so we reserve the right to match you to the next available driving instructor. We also can’t guarantee any specific booking requirements and in certain situations, specific requirements may take longer than initially stated.

a) Booking Fee

For us to start the booking process, you will need to pay us a “Booking Fee” of £99 via the Website or payment link using a credit/debit card.

The Booking Fee is non-refundable, unless the terms of our cancellation policy (at section 3d) applies or we are unable to allocate a driving instructor to you within a reasonable time. If you are eligible for a refund, the Booking Fee will be returned to you in full by the same payment method you used to pay it within [30] days. We may offer a partial refund of your Booking Fee if we have allocated a driving instructor to you, but you then decide you no longer wish to proceed with the Course. This is at our discretion on a case by case basis and so we are not obliged to do this.
From time to time we may offer limited time discounts on the Booking Fee required. We can withdraw these at any time and we cannot guarantee the offer will be available when you’re looking to pay your Booking Fee.

b) Booking the Course

Once the Booking Fee is paid, we will send you an email with a link to the booking confirmation. This form is also accessible via your order confirmation page. We require you to reply to our communication to confirm your availability so we can begin the booking process. At this stage, we will use the form you have completed on the Website to match you with a driving instructor and we will notify you once you have been successfully matched.

Within five days of being matched to an instructor, you will be required to pay the “Full Course Price”. This will cover the number of lessons you have chosen, which will be for at least 5 hours worth of lessons. Our prices are as specified on the website - the average price in your area - however, the price may be subject to change - either higher or lower depending on the price of your assigned instructor. We will only hold the slot for 5 days and the failure to respond to our correspondence will result in the loss of your slot and your booking fee will be non-refundable.

You can pay the Full Course Price via the Website using a credit/debit card.

Alternatively, if you are approved after a credit check, payment of the Booking FeeOne off Cost (or the Full Course Price Tuition Fee) can be made in monthly instalments via Payl8r or Klarna.

Otimo is a registered trading name, credit introducer and appointed representative of Social Money Ltd trading as Payl8r, a company registered in England and Wales under company number 08054296 with its registered office at 2nd Floor, St Johns House, Barrington Road, Altrincham, Greater Manchester, United Kingdom, WA14 1JY. Payl8r is authorised and regulated by the Financial Conduct Authority, is entered on the Financial Services Register under reference number 675283 and is registered with the Information Commissioner’s Office under reference number 08054296. You should refer to the terms and conditions and privacy policy on the Payl8r website before making payment as you will be bound by these: https://payl8r.com/.

Otimo is a registered trading name, credit introducer and appointed representative of Klarna Bank AB (publ) (“Klarna”), a public limited company registered in Sweden under registration number 556737-0431 with its registered and head office at Sveavägen 46, 111 34 Stockholm, Sweden. Klarna is authorised and regulated by the Financial Conduct Authority and its UK branch is registered with the Information Commissioner’s Office under reference number ZA839912. You should refer to the terms and conditions and privacy policy on the Klarna website before making payment as you will be bound by these: https://www.klarna.com/uk/.

Once the Full Course Price has been paid in full or you have arranged payment by instalment, we will contact you to arrange your first Lesson with your driving instructor.

Where you have not paid your Full Course Price within five days of the match and you fail to respond to our two requests that this be paid, we will cancel your booking and retain the Booking Fee to cover our administrative efforts in finding a match. If this happens, we will not be liable to you for the consequence of your booking cancellation and should you wish to start the process again, you will need to pay the Booking Fee.

Payment of the Full Course Price is final and you are not entitled to a refund of your Full Course Price, unless we are advised by the driving instructor that they are not able to provide you with the Course in full. If this happens, you can ask for a full refund of your Full Course Price, or you can request that we match you with another driving instructor, whichever you would prefer.

It is possible that we may change your driving instructor from the driving instructor originally allocated. If this causes a change to the Full Course Price, you will be liable for paying the uplift in the Full Course Price. We will email you a payment request, which must be paid within 7 days. We may, in exceptional circumstances and at our sole discretion, waive this charge.

c) Transfer to your driving instructor

Once you have booked your first Lesson with your driving instructor, we will transfer the data we have collected from you to the driving instructor, which will be done in accordance with our privacy policy, which can be read here: Privacy Policy.

This means that our role in getting you booked in for driving lessons, for which we will retain the Booking Fee, comes to an end.

Your driving instructor will receive the Full Course Price you have paid and so you should not under any circumstances make any direct payments to the driving instructor for the Course. Should you wish to continue being taught by the instructor, you will need to arrange future lessons and payment for these with the driving instructor directly.

Driving instructors are self employed and not employed by Otimo. This means that they will have their own terms and conditions which you will need to abide by. We would, however, like to make the following suggestions:

  • You must hold a valid UK provisional driving license and present it to your driving instructor at the start of your first Lesson.
  • You should book your Lessons as soon as you can after being transferred to your driving instructor.
  • You will need to abide by the driving instructors cancellation policy and by what they deem to be “fair notice” of the cancelling of any lessons.
  • You should always arrive at your Lessons on time as the driving instructor may not allow you to make the time back at the end of the Lesson.
  • You should at all times treat your driving instructor with respect and refrain from any abusive language or threatening behavior.
  • You should not be under the influence of alcohol, illegal drugs, or prescription drugs that would impact your ability to drive safely.

Please note that once you have commenced your Course, you cannot transfer your Course to another driving instructor.

d) Cancellation policy

Under consumer legislation, after you have paid the Booking Fee, you have the right to cancel your booking within 14 days of making the booking and request a full refund. For that reason, we will not commence the booking process until that 14 day period has passed, unless you write to us confirming your decision to waive your right to the 14 day cancellation period or you complete the details form before the end of the 14 day cancellation period. In either of these circumstances, we are instructed to start the booking process on your behalf.

If you are a repeat customer of Otimo, we will assume that you want us to start finding you a match right away and that you automatically waive your right to the 14 day cancellation period, unless you expressly state otherwise.

If after the 14 day period, you decide to cancel your booking, and the Otimo team has used resource to find and match you to an instructor, you may incur a £30 cancellation fee. The Otimo team will take each cancellation on a case-by-case basis.

If we have found you an instructor within the 14 day period, you may still be subject to the £30 cancellation fee should you cancel.

e) Complaints

We take all customer complaints very seriously. Should you wish to make a complaint, please email us at support@weareotimo.com. We will aim to respond to and investigate all complaints within a reasonable timeframe.

5. Use of the Website

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

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

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

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

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

If you have any issues using the Website, please contact us at support@weareotimo.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 Website.

6. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the Website (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 Website onto your personal device, for personal purposes only. Please note that each subscription allows access for one person to use the Website. 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.

You agree that you will:

  • not rent, lease, sub-license, loan or otherwise make available the Website to any person without our prior consent;
  • not copy the Website, except as part of the normal use of the Website;
  • not translate, merge, adapt, vary, alter or modify the Website, nor allow the Website to be incorporated into other programmes;
  • not disassemble, decompile, reverse engineer or create derivative works from the Website; and
  • comply with all applicable law when using the Website.

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

7. Acceptable Use of the Website

When using the Website, you must not:

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

8. Our Legal Responsibility to You

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

  • Any loss to you arising from use of the Website
  • Any loss to you arising from your booking of or undertaking of the Course
  • 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.

We act as an intermediary by connecting you to a driving instructor. We do not provide driving lessons, we do not run checks on any driving instructor, and we are not responsible or liable for anything that may or may not occur while working with a driving instructor. We are not a party to the legal contract you have with the driving instructor. If you have an issue regarding a driving instructor, please raise this with them directly. You may also report it to us at support@weareotimo.com and we may look into the issue (although we are not required to do so).

If you use the Website to meet a driving instructor in person, you agree to use caution in all interactions and to take all steps to ensure your safety when doing so.

Our total liability to you under these terms is limited to £1,000.

9. Uploading to the Website

If you upload material to the Website and we do not deem your usage to be acceptable, we can remove the content and end your use of the Website. 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 Website, and we can remove it at any time.

10. Computer Offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the Website 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 Website or server or any connected database or make any ‘attack’ on the Website. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via the Website.

11. Links from the Website

Links from the Website 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 support@weareotimo.com to contact us about any issues regarding the Website or the Course.