Otimo – App Terms & Conditions
BY CLICKING ACCEPT, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROCEED TO DOWNLOAD THIS APP.
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”), whether as registered user or guest. Please read carefully before use.
By downloading the App, 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 you find a driving instructor compatible with you, and monitors your experience during 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 a User
When you register for Otimo, and/or download the Otimo App, you are known as a “user” in these terms and conditions.
You will require an iOS or android device to download the App, or you can access it via a web browser.
You must be over the age of 16 to subscribe for the App.
We will offer the option to create a profile on our site, which will allow you to track your journeys/routes on lessons with an instructor, and provides you with a score and other information based on this data.
The App is used for tracking your driving lesson experience. Any arrangements you make with a driving instructor are a direct contract between you and the instructor, to which we are not a party.
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 email@example.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. Subscribing to the App
When you sign up to use the App , you will pay £10 per month, in advance, for each month’s use of the App. However, if you sign up using an affiliate code, you will pay an initial fee of £19.99, which covers the subscription for the first three months, and thereafter you will be charged £10 per month (in advance and at the start of the month, for that month’s use of the App).
Following the first three months, each billing cycle for your subscription is one month, and it will automatically renew each month. You will be automatically billed the monthly subscription fee, via direct debit from the card you used to make your initial payment (unless you update the payment method on the app store). Your direct debit will be taken on the same date each month.
You can cancel your subscription at any time before it renews on a monthly basis. You can cancel by accessing your subscription settings on your device, and also within the App itself. No further payments will be taken, but you will continue to have access to the App for the remainder of the subscription period that you have already paid for.
By continuing your subscription (i.e. not cancelling), you authorise us to bill your payment method. If your payment method expires and you do not update it, we may cancel your subscription and you will lose access to the App. You must still pay for the App even if you do not use it, until you cancel your subscription.
We reserve the right to change the price of subscriptions, but we will notify you of any price change before it happens. You can cancel your subscription if you do not agree with the price change. Price changes will not affect periods already paid for.
The subscription fees are non-refundable, unless there is an issue with the subscription itself (for example, if it is not of satisfactory quality, fit for purpose or as we have described it to be). Fees are non-refundable on the basis that access to the App is a ‘digital download’, to which the usual cooling off period for consumers is not applicable.
6. 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.
You agree that you will:
- not rent, lease, sub-license, loan or otherwise make available the App to any person without our prior consent;
- not copy the App, except as part of the normal use of the App;
- not translate, merge, adapt, vary, alter or modify the App, nor allow the App to be incorporated into other programmes;
- not disassemble, decompile, reverse engineer or create derivative works from the App; and
- comply with all applicable law when using the App.
If you breach these terms, you may lose your right to use our App, and must destroy or return any copies you have made.
7. 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.
8. 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.
The App provides a platform for you to track your time with 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 an instructor. If you have an issue regarding an instructor, please raise this with them directly. You may also report it to us at firstname.lastname@example.org and we may look into the issue (although we are not required to do so).
If you use the App to meet an 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 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.
10. 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.
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.
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 email@example.com to contact us about any issues regarding the App.