Otocab Legal

Terms of Service

Thank you for using the Services provided by Otocab Technologies (Pty) Ltd. (hereinafter, the “Company’). The Company has established the Comprehensive Terms and Conditions” thereto (hereinafter, the “Terms and Conditions”) to provide more diverse and convenient Internet and mobile Services. These Terms and Conditions prescribe general provisions about the rights, duties and responsibilities, terms of use, and procedures required in use of the Service. The Company appreciates you taking time to read them carefully.

Effect and Modification of Terms of Service

  • These Terms of service shall be posted on the relevant pages of Otocab’s social media accounts, website or Individual Services, and shall enter into force between the Parties that have consented hereto.
  • The Company, if deemed necessary, can modify these Terms of service within the scope not contravening the relevant laws and regulations. In such a case, the amended contents shall be announced or notified by the Company at least fifteen (15) days prior to the effective date. If the foregoing modification unavoidably operates to your disadvantage, the Company shall individually transmit the notice thereon, at least thirty (30) days prior to the effective date, to your email address via email or to your mobile phone number via Otocab’s communication platforms or text messages (unless you have any email address, other electronic methods including electronic notice or pop-up message in the Service shall be applied.)
  • Unless you explicitly refuse to accept the aforementioned modification within a set period, from the date of announcement or notification hereby to seven (7) days after the effective date, the Company shall presume your consent thereto. Unless you agree to the revised Terms of service, you may terminate the Service Agreement at any time.
  • Any matters that are not prescribed in these Terms of Service shall be subject to the relevant laws and regulations, Terms of Service of Individual Services, and Operation Policies and Rules set forth by the Company (hereinafter, the “Guiding Principles”).

The Terms herein shall be defined as follows:

  • Otocab Account” refers to the Company’s Login Account Policy that allows users to manage with a single login account and password, verification of user identity, modification of his/her personal information, and sign-up and withdrawal for membership in the Individual Services provided by the Company or its Partners.
  • “Member” refers to a person who uses an Otocab Account, after having agreed to these Terms of service in the Individual Services associated with Otocab’s Account or on the Otocab’s Account Website.
  • “Partners” refer to any corporation that has entered into partnership with the Company to jointly provide the Otocab Account. In case of inclusion or modification of Partner information, such change shall be published on the Otocab Corporation Website.
  • “Individual Service” refers to any accessible service via the Otocab Account provided by the Company or Partners. Individual Service may be further added or modified, and such change shall be posted on Website.
  • “Otocab Account Website” refers to the Internet site where any Otocab member can check and/or modify his/her account information online.
  • ” Otocab Account Information” refers to any required or optional information set by the Company. Otocab Account Information means any member information that can be checked, modified and managed in the account settings page of Otocab Account Website or Individual Services.
  • OtoClub Rewards refers to loyalty programs rewarded by the Company during members’ use of individual services. Members can use OtoClub following the methods established by the Company.
  • “Certificate” refers to electronic information that confirms and proves the fact that digital signature generation information issued through the Company’s authentication service belongs to the relevant member only.
  • “Digital signatures” refer to information in electronic form attached to or logically combined with an electronic document to verify the signer’s identity and indicate that the signer has signed thereon.
  • “Digital Signature Generation Information” refers to electronic information used to generate electronic signatures.
  • “Certified Member” refers to a member whose digital signature generation information has been authenticated by the Company.
  • “User Organization” refers to a third party that wishes to use authentication service for transactions or the like based on a certified member’s digital signature and certificate.

Account Service Agreement

Users can sign up for an Otocab Account by entering certain information in the Account Information page of the Otocab Account Website or Individual Service.

The Otocab Account Service Agreement shall come into effect after the Company verifies the information entered by a user who has agreed to the Terms and Conditions and then filed an application as prescribed hereof.

Any applicant pursuant shall be permitted in principle to use the Otocab Account by the Company; Provided, however, that the Company may withhold or refuse its approval on use of the Otocab Account, if a case falls under any of the following subparagraphs. In particular, any user aged less than 14 years can create his/her Otocab Account only with consent of a legal representative (ex. parents)

Provided that the Company has deleted your Account under the Terms and Conditions or Guiding Principles.

  1. Provided that you have attempted to create an Otocab Account by using a third party’s name, email address or personal information.
  2. Provided that you enter no required information, or false information in the process of creating an Otocab Account.
  3. Provided that there is no sufficient capacity to provide the Service.
  4. Provided that any technical issue is detected in providing the Service.
  5. Provided that the Company admits the financial or technical needs thereof.
  6. Provided that any member whose qualification has been suspended attempts to arbitrarily terminate and re-enter the Service Agreement within the period of such regulatory measures.
  7. Provided that any attempt to contravene the relevant laws and regulations or Guiding Principles set forth by the Company occurs.
  8. Provided that you turn out to have created an Otocab Account there against, the Company may impose proper restrictions by immediately suspending the use of, or deleting your personal Account.

The Company exerts every effort in providing the Service 24/7/365. If a case falls under any of the following subparagraphs, all or part of the Service shall be restricted or suspended by the Company.

  1. Regular or provisional check for equipment maintenance of the Otocab Account Service
  2. Service disruption due to blackout, equipment failure, or traffic overload
  3. Any case that the Company can no longer maintain the Otocab Account Service due to changes in circumstance including termination of Partnership Agreement, the government order/restriction, etc.
  4. Natural disaster, national emergency, or other force majeure events.

Service suspension due to any of the foregoing causes shall be notified or announced in the method prescribed, provided that any cause that the Company is unable to predict or control (ex. Disc/server failure or system down without the Company’s negligence) shall make an exception of prior notification or announcement herein. However, even for such exceptional cause, the Company shall exert its utmost effort to recover the Service at the earliest possible time.

Otocab Account Management

Only its holder may use the Otocab account, and any access by other persons must be banned. The Member shall manage his/her password in person to allow no one to appropriate his/her Account. The Company may require both password and additional verification to prevent abuse of the Otocab Account by another person. In case of the foregoing appropriation, please report it via the Customer Centre. The Company exerts its utmost effort to inform how to prevent such appropriation.

The Members can view and modify their information in the page of Account Settings on the Otocab Account website, Mobile App or in the Individual Services. However, you may not be able to change some information including Otocab Account, phone number, unique device identifiers and other user identification information required to provide and manage the Account Service. In case of such modification, additional user identification may be required. If you wish to update any information you entered at the time of sign-up, you can modify it in person or contact us via email or Customer Service.

Authentication Service

The Company issues digital signature generation information and certificates and provides various services utilizing such digital signatures and certificates to certified members as below. In this case, the Company may add categories and types of authentication service if necessary or provide additional services separately.

  1. Digital signature generation information and certificate issuance
  2. Various services utilizing digital signatures and certificates
  3. Simple authentication for user organization login and identity verification
  4. Other services specified in the relevant operation rules for digital signature authentication

Members must subscribe to the authentication service by providing only accurate information based on the method set by the Company and shall be converted to certified members upon receiving the certificate. The certificate is issued to only one device per Otocab Account holder. If a certified member reissues the certificate on another device or another Account, the previously issued certificate shall be automatically revoked.

Certified members shall use the authentication service according to the methods set forth by the Company; safely manage their digital signature generation information, certificates, and other related information; and ensure that information provided to the Company or contained in the certificate is accurately and wholly maintained during the usage period. In the meantime, certified members shall be unable to transfer, donate, sell, or license their digital signature generation information and certificates. Moreover, if they perceive a loss, damage, theft or leakage, or any such risk, they must inform the Company of the fact.

 

The Company may restrict the application and issuance of a certificate or cancel the issued certificate without a certified member’s consent for any of the following cases:

 

  1. Where an incompetent person under the adult guardianship or quasi-incompetent person under the limited guardianship sign up for the service without the consent from his/her legal representative;
  2. Where the application content is determined to be false such as an application under other’s name, surreptitious use of others, or the like;
  3. Where the authentication process suggested by the Company was not completed, or the authentication service subscription was made through abnormal system access not determined by the Company;
  4. Where a member whose service use contract was terminated due to suspension of use by the Company, violation of relevant laws or this Agreement, or the like, applies for re-use;
  5. Where it is difficult to issue a certificate due to other reasons attributable to members or incompletion of application requirement set by the Company was not met.

Certified members can freely use the authentication service, but they must not perform any of the following actions:

  1. To access the system or use the authentication service in an abnormal way not determined by the Company;
  2. To use the authentication service for illegal or unjustifiable purposes, such as issuing or implementing certificates improperly.

The primary task of the Company is to securely process the Member’s personal information. Such information shall be used to provide a seamless Service only within purpose and scope agreed between the Parties hereto. Unless the Members have made a separate consent, or except as otherwise prescribed in the relevant laws and regulations, the Company must not provide the Member’s personal information, which the Members can rest assured.

Communication with the Members is most valued by the Company. The Members can visit the Otocab Customer Centre and raise their opinions at any time. Notification for all Members shall come into force by being posted in Service Notification for no less than seven (7) days. Any notification that may gravely affect your conditions shall be individually sent to your registered email address via email, or to your registered mobile phone number or text message. (Unless any email address has been registered, other electronic methods including electronic note or pop-up message in the Service will be applied.)

Otocab Service Termination

The Members can apply for the termination of the Service Agreement at any time in use of the menu provided in the Services. The Company will take action accordingly in a swift manner as prescribed under the relevant laws and regulations:

  • Provided that there exists no record of signing into or accessing the Service for a certain period of time stipulated in the relevant laws and regulations, the Company may discard or separately store the Member’s information after notifying such measures to a registered email address or mobile phone number via email, SMS or any other valid methods. If any essential information to activate the Otocab Account Service lacks thereby, this Service Agreement may be terminated. For further information, please refer to the provision of Inactive Services in the Operation Policy.
  • Upon termination of the Service Agreement, any information associated with the Otocab Account and the Individual Service shall be deleted, except as otherwise prescribed in applicable laws and Privacy Policy; provided, however, that any matter related to data deletion including posts written in each Individual Service shall be pursuant to the Terms and Conditions thereof.
  • The Members can attempt to re-enter into the Service Agreement, even after termination of the Agreement.

Indemnification for Damage

With regard to the Service, the Company must not assure or guarantee any specific matters that are not prescribed in the Terms and Conditions within the scope permitted under the relevant laws and regulations. The Company shall provide no warranty on credibility and accuracy of information, data and fact posted in the Service in a way that the Contents Provider (CP) offer or the Member write, and shall take no responsibility for any loss occurred without the Company’s negligence.

 

The Company will compensate for any loss caused by its negligence under these Terms and Conditions and the relevant laws and regulations; provided, however, that the Company shall take no responsibility for any loss occurred without its negligence as prescribed in the following subparagraphs. Furthermore, the Company shall take no liability for indirect, particular, consequential, disciplinary and punitive loss.

 

  1. Any loss occurred in an uncontrollable state including natural disaster or equivalent force majeure
  2. Service error due to reasons attributable to the Members
  3. Personal loss arising from access to or use of the Service
  4. Any loss originated from illegal access to or use of the Company’s Server by a third party
  5. Any loss originated from impeded transmission to or from the Company’s Server by a third party
  6. Any loss originated from transmission or spread of malware by a third party
  7. Any loss arising from use of the Service by a third party including damage or defamation caused by omission, deletion, destruction, etc. of transmitted data
  8. Any other loss arising from acts of the Company that are not intentional or negligent

 

These Terms and Conditions or the Service shall be stipulated and executed under the laws and regulations of Australia, Egypt and South Africa. In case of any disputes arising out of or related to use of the Service between the Parties concerned, the Company shall faithfully consult with the other Party hereto to resolve such issues. Unless the foregoing conflicts are settled, the Company may file a lawsuit to a competent court under the Civil Procedure Act.