This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.
- Simply by using OTO, including browsing the website, you are agreeing to our Terms, so please read carefully. We may change the terms of this Agreement from time to time, and those changes are up to us. If you continue to use OTO after our changes, that means you agree to our new terms.
- Remember that we merely facilitate connections between Lenders and Borrowers (each defined below) and are not a party to those agreements between Lenders and Borrowers, except that we may serve as a limited agent to collect the payment of Rentals on Lenders’ behalf and report damaged or stolen Gear. When you use OTO to rent Gear, you are entering into a binding legal agreement with the Borrower or Lender to pay for the rental or provide the requested Gear, as applicable.
- We make no warranty about the quality of the Gear and will not be held liable for any cost, loss, or damage that arises from any transaction (to the extent permitted by law).
- Please remember to always exercise good judgment when communicating with other users either on or off OTO.
- Both you and OTO have the right to stop the use of our Services, or to delete your account at any time, but certain provisions of this Agreement will still apply. For example, any disputes you may have with us based on your use of OTO, even after your account is deleted, will be governed by this Agreement.
Acceptance of this Agreement
Please note that we reserve the right to revise and amend this Agreement at any time at our sole discretion. Any changes to this Agreement will be posted on our website at https://www.otoworld.in/terms-condition/ and will become effective immediately upon posting. It is your responsibility to check updates to this Agreement periodically. If you do not agree to any modifications to this Agreement, you should cease using OTO. Your continued use of OTO after any amendment or modification to the Agreement constitutes your agreement to the amended or modified Agreement.
Before we get going, please note that for purposes of this Agreement, the following terms shall be defined as follows:
“Gear” shall mean a piece of equipment available by a Lender to Borrowers for rent through OTO as described in any Rental Listing, including accompanying accessories and, if specifically indicated, any consumables included therewith. As context requires, Gear may also refer generally to all Gear available on OTO.
“Member Feedback” shall mean user feedback on OTO about a Rental Transaction or a party to a Rental and the mechanism through which that feedback is delivered.
“Lender” shall mean a party with Gear for rent on or via OTO.
“Public Discussion” shall mean the forum elements of OTO that allow Users to comment on Rental Listings or blog posts to ask for more details.
“Rental Contract” shall mean an agreement between a Lender and a Borrower for a Rental specifying the Rental Period and the Rental Payment. The Rental Contract includes: (i) the Rental Terms, which can be found at https://www.otoworld.in/rental-contract/, (ii) any variation of the Rental Terms as we may provide from time to time; and (iii) any additional terms agreed upon between the applicable Lender and Borrower of Gear to facilitate a Rental through OTO.
“Rental Listing” shall mean information published by a Lender on OTO in connection with a specified piece of Gear.
“Rental Payment” shall mean a payment made from a Borrower to a Lender for Gear rented subject to a Rental.
“Rental” shall mean a rental of Gear between a Lender and a Borrower granting Borrower the right to use such Gear for a fixed amount of time in exchange for the Rental Payment.
“Rental Period” shall mean the fixed period of time during which there is a Rental between a Lender and a Borrower pursuant to a Rental Contract.
“Borrower” shall mean a party who rents Gear, pursuant to a Rental Contract, through OTO.
OTO is an online marketplace designed to connect Borrowers and Lenders. Because all Rentals are directly between Borrowers and Lenders, we cannot and do not have control over the quality, timing, safety, legality, integrity, actions, or omissions of any Lender or Borrower. We also do not have control over:
- The truthfulness or accuracy of the Rental Listings;
- The ability of Lenders to rent the Gear listed; or
- The ability of Borrowers to rent or pay for the rental of any Gear.
When using our Services, know that there is no guarantee that the parties will comply with any terms of the applicable Rental Contract.
OTO is not liable for a User’s deceptive or fraudulent acts, voluntary parting of the Gear, theft of Gear, or any other loss caused by a User’s deceptive or fraudulent acts through OTO. OTO may, in its sole discretion, choose to work with law enforcement and any insurance companies involved, and cooperate with any investigation and produce information about the incident and the parties involved.
You must be at least 18 years old to use our Services. If you are under 18 years old and would like to use OTO, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
We operate in Bengaluru, India, and we provide OTO for use only by Users located in India. Furthermore, we make no representation that OTO is appropriate or available for use outside India. Users who access OTO or any part thereof from outside India do so at their own risk and are responsible for compliance with applicable local laws.
By using OTO, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria in our sole discretion.
Subject to your compliance with these Terms, we grant you a limited, non-transferable license to use our Services only for your own personal use and not for the use of any third party (unless you are a parent or legal guardian using the Services for your minor child). If you are signing up for our Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.
Your Account With OTO
You don’t need to create an account on OTO in order to browse for Gear. However, you’ll need to create an account with OTO in order to enter into any Rental Contract. To create an account, you will need to provide us with your first and last name, email address, a password and other information. Here are a few commonsense rules and acknowledgements that we ask you to comply with and understand when you create an account:
Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or to impersonate another person or company through your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people (e.g., if you’re renting Gear as a collective), then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.
Be clear about our relationship. Except as explicitly stated in this Agreement, creating an account with OTO or using our Service does not create an agency, partnership, joint venture, employment, or franchise relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.
Passwords. You’re responsible for safeguarding the password that you use to access OTO and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.
Please contact email@example.com to answer any questions you have about registering an account with OTO.
Upon receipt of a Rental confirmation from OTO, a legally binding agreement is formed between the Lender and Borrower, subject to any additional terms and conditions detailed in the Rental Listing, as well as the terms and conditions of the Rental Terms.
If you are a Lender, you understand and agree that we do not act as an insurer or as your contracting agent. By entering into a Rental as a Lender, any agreement you enter into with such Borrower is between you and the Borrower, and OTO is not a party to it. Notwithstanding the foregoing, you hereby appoint OTO as your limited agent for the purpose of collecting the Rental Payments from Borrowers, and you understand that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Borrowers. In accepting appointment as the limited collection agent of the Lender, we assume no liability for any acts or omissions of the Lender/Borrower. As a Lender, you further agree to appoint OTO as a limited agent to report your Gear as stolen or damaged (in our sole discretion).
OTO will NOT cover a Borrower’s fraud or failure to return rented Gear (called “voluntary parting” in the biz). By using our Services as a Lender, you acknowledge that there is always a possibility of complete loss that may not be covered by any of our protection mechanisms. We strongly encourage Lenders to separately purchase an insurance policy that covers theft and voluntarily parting for the Gear they post on OTO.
Fees and Billing
Service Fees. For each rental, we charge a service fee (“Service Fee”) of 20% of the Gear’s advertised Rental price as listed on a Rental Listing (the “Listed Rental Price”) from Lenders. The Service Fee helps cover payment processing, member vetting, hosting, our damage and theft coverage, and other services to run OTO smoothly.
Here are some things to keep in mind about fees and payment:
Responsibility for Paying Fees. Our Service Fee and any third-party processing fees will be deducted from the Listed Rental Price. Borrowers will be responsible for paying the Rental Payment for the applicable Rental, which includes the Listed Rental Price, any extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed, and any other applicable fees (as determined in our sole discretion). Once a Lender has accepted a particular Rental, the Borrower will be charged for the same. Lender acknowledges and agrees that we will remit the Rental Payment to Lender within 3-4 days from the last date the Rental Period.
Taxes. You will be liable for any taxes required to be paid on a Rental (other than taxes on the income). Except as set forth in this Agreement, Lenders will be solely liable for any taxes resulting from any Rental or use of OTO and will be solely responsible to determine what taxes, if any, he or she must pay. Lenders will be solely liable for any income taxes required to be paid on a Rental (other than taxes on the Company’s income).
- If you are a Lender with a physical business location that primarily sells or rent equipment (a “Rental House”), then you are solely responsible for the payment and/or submission of such taxes to the appropriate tax authority. We are in no way responsible for tax payments and you shall indemnify us for all costs associated with any claim or alleged claim by any tax authority for such payments.
- If you are a Lender who is not a Rental House, we will collect any taxes resulting from any Rentals on your behalf and pay the applicable government authorities. We are not liable for any false or incorrect information you provide resulting in an error in tax distributions.
Our Rights. We reserve the right to change the foregoing fees and agree to notify users of any changes in such fees prior to charging you. We also reserve the right, in our sole discretion (but not the obligation), to: (i) place on hold any Rental Payment for an indefinite period, or (ii) refund or provide credits to a Borrower or Lender, from the funds paid by a Borrower or received by a Lender if we determine, in our sole discretion, that any impropriety has occurred in a Rental.
Communication Between Lenders and Borrowers
OTO is a community-oriented service that allows for communication and sharing of information between Lenders and Borrowers to facilitate Rentals. In order to build and maintain an amazing community on OTO:
Don’t Undermine OTO or go off-platform. You agree not to enter into a Rental or otherwise conduct any Rentals outside of OTO with a Lender or Borrower initially discovered through OTO. Going off-platform also will limit our ability to grow and build our community of artists and creative workers. We reserve the right to block you and/or remove you from OTO if we find that you have taken a transaction off OTO.
Lenders must complete Rentals on OTO. If you rent to a Borrower who you initially met through OTO but you accept payment off of the OTO platform, the terms of this Agreement will not apply to such transaction.
Borrowers must complete Rentals on OTO. If you do not complete the transaction on OTO, you will be damaging our community’s trust and we reserve the right to remove you and bar you from our Services.
Be Careful. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each User should undertake his or her own research to be satisfied that a specific User is suitable to enter into a Rental. Lenders should always ask to check a Borrower’s government-issued identification card or passport in order to ensure that Lenders are meeting with the right Borrower/Delivery Person.
Like many online services, OTO allows users to post, transmit, or store text or other materials, such as Rental Listings, Public Discussion, Member Feedback, and third-party links (collectively, “Content”).
Responsibility for Your Content. You should only provide Content that you have the right to share and are comfortable sharing with others. Don’t upload, post, or otherwise transmit any Content to or through OTO that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or OTO rule or policy. If you do so, we reserve the right to remove any and all of your Content from OTO.
Approval of Content. We do not verify or pre-approve any posted Content, and User opinions are not our opinions. We do not warrant, and will not be responsible for, the accuracy, completeness or usefulness of Content posted on or through OTO.
Your Use of Our Service
OTO is provided for your personal use only. You are responsible for all of your activity in connection with OTO and for any use of your OTO account. We grant you a limited, non-exclusive, non-transferable, and revocable license to use OTO, subject to your good behavior and your adherence to the terms of this Agreement. If you use the Service, we ask that you abide by basic commonsense ground rules – specifically:
Don’t Use Our Service to Break the Law. You agree that you will not violate any laws or regulations when using OTO. This includes any local, provincial, state, national, and international laws or regulations that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your Gear requires; you may not rent or offer for rental anything that violates any laws; and don’t commit fraud, theft, or any other crimes against OTO, another OTO user, or a third party.
Respect the Rights of Others. Don’t engage in any harassing, intimidating, or predatory behavior, or stalk any other User or contact a User for any purposes other than to ask a question related to a Rental Contract or a Rental. Don’t upload any Content that violates the rights of any third parties, including but not limited to copyright, trademark, statutory, and other proprietary rights.
Pay Your Bills. You are responsible for paying all fees that you owe to OTO. You are also solely responsible for collecting and paying any applicable taxes for any purchases or sales you make through our Service.
Don’t Steal from Us. You agree not to “crawl,” “scrape,” “spider,” decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, data, or underlying ideas or algorithms of any part of OTO, except to the limited extent applicable laws specifically prohibit such restriction.
Don’t Steal from Each Other. OTO is, at its core, a community of people that is largely built on trust. Please be good to each other. If you are a Borrower, you agree that you will not willfully fail to return any equipment you rent from any Lender on OTO.
Don’t Try to Harm Our Systems. Don’t Try to Harm Our Systems. You agree not to distribute any virus, worm, Trojan horse, or other harmful computer code through the Service.
Respect Our Intellectual Property. The name “OTO” and any graphic elements, design elements, presentations, phrases, designs, logos, layout, and source code of OTO are owned by us and are protected by copyright, trademark, and other laws.
Respect Our Service. Do not take any action that: imposes or may impose an unreasonable or disproportionately large burden or load on OTO’s infrastructure; interferes or attempts to interfere with the proper working of OTO or any activities conducted using OTO; circumvents any security-related features of OTO; builds, or authorizes another party to build, a competitive product to OTO; recruits or otherwise solicits any user of OTO to join third-party services or websites that are competitive to OTO; or bypasses any measures we may use to prevent or restrict access to OTO.
Provide Us with Feedback. Your feedback can help us improve your experience and our Service. Any unsolicited ideas or other materials you submit to OTO (not including your Content or items you offer for Rental through our Service) are considered non-confidential and nonproprietary to you. You grant us a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation, credit, or acknowledgement.
Takedown Policy and DMCA Complaints
If a User has uploaded any User Content to OTO that infringes an intellectual property right, feel free to send us a request to take down the content at firstname.lastname@example.org . Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature, as well as the following information:
A) If you send us a request to take down content that infringes upon your copyright, your request should include:
- A description of the content that you believe infringes upon your copyright;
- The name of the copyrighted work that you believe is being infringed;
- The website URL that contains or is associated with the infringing content;
- A short explanation of how the content infringes your rights;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Lender, its agent, or under the law; and
- A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the Lender of the copyright.
Copyright complaints and requests can be sent directly to email@example.com.
B) If you send us a request to take down content that infringes upon any other intellectual property rights of your’s (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
- The intellectual property you own that is being infringed;
- A description of the content you believe infringes upon your intellectual property;
- The website URL that contains or is associated with the infringing content; and
- A short explanation of how the content infringes your rights.
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the email address of the fake account.
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile and will send a notice to the other OTO user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at firstname.lastname@example.org . Any Counter Notice should include:
- Your name, address, telephone number, and email address;
- An identification of the material that we have taken down;
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
- Your physical or electronic signature.
Right to Terminate Your Account or Block Access to the Site
We may terminate your account or otherwise prevent you from using OTO at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to OTO to anyone for any reason at any time.
If we terminate your account, you must immediately stop using OTO and you agree not to attempt to regain access to OTO without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect, and OTO reserves the right to retain any data, information, or Content you have provided to OTO or posted on OTO.
If you wish to terminate your account with OTO, please contact us at email@example.com. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
Third-Party Services and Content
In no event shall a description or reference to a third-party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service through OTO.
Warranties & Limitation of Liability
Disputes Between Borrowers and Lenders. Except as explicitly stated here or as otherwise explicitly agreed in writing, we’re not a party to any Rental Contract between Borrowers and Lenders. We serve only as a limited agent and facilitator by offering a digital communications platform through which Users can execute Rentals. You understand that we do not create, manufacture, store, or inspect any of the Gear rented through our Service. We cannot and do not make any warranties about Gear’s quality, safety, or even their legality. Any legal claim related to Gear you rent must be brought directly against the Lender of the Gear. If you find yourself in a dispute with another user of the Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You hereby release OTO from any claims, demands, and damages arising out of disputes with other Users or third parties.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OTO, GEAR RENTED THROUGH OTO, OR ANY OTHER SOFTWARE REFERENCED IN THIS
AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “OTO PARTIES”) DO NOT WARRANT THAT OTO WILL BE ERROR-FREE OR THAT DEFECTS WITH OTO WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF OTO AND ANY THIRD-PARTY SOFTWARE ON OTO IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OTO, INCLUDING, BUT NOT LIMITED TO, ANY LENDERS OR BORROWERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OTO. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OTO OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF OTO. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OTO AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LENDERS OR BORROWERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US.
BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF RENTALS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LENDER, BORROWER, OR OTHER THIRD PARTY.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OTO, ITS RENTAL LISTINGS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. THE OTO PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY RENTAL CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OTO, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OTO OR FROM ITS RENTAL LISTINGS,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF OTO, INCLUDING, BUT NOT LIMITED TO, FROM ITS RENTAL LISTINGS OR FROM THE USE OF OR INABILITY TO USE OTO OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF OTO, EXCEED THE LOWER OF: (1) AMOUNTS YOU HAVE PAID OR OWE FOR YOUR RENTALS IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) ₹5,000. WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, SO THE ABOVE LIMITATION MAY NOT APPLY.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the OTO Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from or relating to: (i) your use of and access to OTO; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule, or regulation, or the rights of any third party; or (v) any Rental or breach of its Rental Contract, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
Choice of Law
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the Bengaluru, India without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non-convenience in any such action.
Arbitration and Waiver of Class Action
Agreement to Arbitrate. While we do not get involved in any legal dispute between Borrowers and Lenders (as set forth above), we understand that it is possible that you may have a legal claim directly against us. While we hope that’s not the case, in the event that you do have a dispute with us, you agree to arbitrate any dispute with us arising from this Agreement or your use of OTO on an individual basis. That means you cannot sue us in court or have a trial by jury. Arbitration to be in Bengaluru, India only.
Waiver of Class Action. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in the courts of Bengaluru, India. The parties expressly consent to this exclusive jurisdiction and waive any and all objections based on inconvenience of venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its
intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one (1) month after such claim arose, where, for purposes of this section, the time that the injury or harm occurred – not when it was discovered thereafter – is where it arose; otherwise, your claim is permanently barred.
Your Relationship with Us
Except as otherwise set forth hereunder, nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship with us.
We reserve the right at any time to modify or discontinue OTO (or any part thereof), temporarily or permanently, with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing OTO in an unauthorized manner. You acknowledge that under this Agreement, by using OTO you are deemed to have received any and all notices that would have been delivered had you accessed OTO in an authorized manner.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provision.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or national), such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
Questions and Comments
We welcome comments, questions, concerns, or suggestions. Please contact us at: firstname.lastname@example.org .
Effective Date: 05th July 2019.