Otto1890
Terms & Conditions
- Definitions
- “Otto1890”/“we”/“us” means Otto1890 (Pty) Ltd and all of its subsidiaries and any subsidiary of such subsidiaries;
- “Platform” means the electronic interface between you and Otto1890 that enables the execution of transactions;
- “Terms of Service” means the terms applicable to a specific subsidiary, or in relation to a specific product;
- “T&Cs” means the terms and conditions set out in this document that are of general application to Otto1890; and
- “you”/“your” means the user of the Platform.
- Application
- These T&Cs and where applicable any Terms of Service, supplement the terms of any agreement entered into with you. Where there is a conflict between these T&Cs and/or any Terms of Service and any term of an existing agreement, preference will be given to the term which, in the sole discretion of Otto1890, provides Otto1890 with better relief or a stronger contractual position.
- These T&Cs and any applicable Terms of Service set out the agreement between you and Otto1890 regarding your use of the Platform and any ancillary matter thereto.
- By logging in you have accepted these T&Cs and any applicable Terms of Service.
- Access
- You will be responsible for sourcing and maintaining, at your expense, any hardware, software, mobile, network (such as internet access), wireless and/or data services and any upgrades required for you to access the Platform.
- Failure to use the recommended hardware and software may result in the Platform not being available or not operating properly and may also expose you to the risk of fraud. Otto1890 shall not be liable for any error or delay that may arise due to faulty equipment or software or the fault or negligence of your service providers and/or if you are unable to access the Platform because of your equipment, software and/or service providers.
- If you have any problems with connection or hardware or software, you must resolve the problem with your service provider.
- We shall not be liable for any loss or damage incurred by you or any third party as a result of any of the following events:
- malfunction or defect of the hardware and/or software, which may include the internet used by you to access the Platform; or
- any act or failure to act by a service provider, which may include a mobile provider, network provider or host provider.
- For your security, when you register on the Platform you will be asked to create a username and password. The username and password will be your access information whenever you want to login to the Platform, which may include a personal identification number (PIN).
- Once you are registered, you will need the correct access information for us to verify your identity or take such steps acceptable to us to verify your identity in order to login to the Platform. We may amend our registration and logon processes if we deem it necessary in our sole discretion.
- Once you have successfully logged into the Platform, all electronic communications sent to us or created by you will be treated as valid, authentic and legally binding on you as if you have signed a written communication. We reserve the right not to act on any instruction received from you or to cancel your access (temporarily or permanently) if we are unable to verify your identity or if you enter the wrong access information.
- We will act on and accept all instructions and/or transactions done after you successfully log in to the Platform as if done by you even if the instruction and/or transaction occurred without your knowledge, consent or authority.
- You are not permitted to access the Platform using someone else’s access information or personal information.
- If you use any of our mobile APPs you agree that we may obtain your mobile number from your network provider. We may, but are not obliged to, use your mobile number to identify you.
- Protecting your access information
- You must keep your access information secret and may not allow anybody to use your access information.
- You must take all reasonable precautions to prevent unauthorised access to the Platform using your access information.
- We reserve our rights to block your access to the Platform at any time to maintain or restore security if we reasonably believe that your access information has been or may be obtained or used by an unauthorised person.
- Otto1890’s obligations
- Otto1890 undertakes to ensure as far as reasonably possible that the Platform is available to you in a secure and reliable manner. We shall take all reasonable steps to try to prevent harm and loss to you. Except to the extent that we acted fraudulently or with gross negligence, we accept no responsibility for any loss or damage suffered by you, whether it is direct or indirect, due to your use of, or inability to use, any of the services we offer you and/or the Platform.
- The purpose of the Platform is to provide you with self-service capabilities. Should the Platform be down or unavailable, you may contact us via phone or email or visit our offices.
- Notwithstanding anything to the contrary herein, Otto1890 shall not be liable for consequential damages, including without limitation, loss of time, loss of production, loss of materials, loss of labour fees, loss of earnings or loss of profits arising, directly or indirectly, due to your use or inability to use the Platform.
- Otto1890 shall not be liable for any loss or damage, unless caused by Otto1890’s gross negligence or wilful misconduct, for any of the following:
- any loss or damage which you or any other person may suffer due to unauthorised access, distortion, interception and/or monitoring by any person;
- any loss or damage which you may suffer if you did not take reasonable steps to safeguard your account, access information and/or follow the steps recommended by us;
- late or delayed transactions;
- loss or damage due to unauthorised use of the Platform, including where you exceed your authority;
- the Platform not being available;
- any errors or delays in communication systems or any other circumstances beyond our control.
- Intellectual property
Subject to any agreement you may have with Otto1890, the contents of the Platform, including trademarks, copyright and patents are owned by Otto1890. - Cancellation
- You may cancel these T&Cs and where applicable the Terms of Service at any time by notifying us in writing that you would like to cancel them.
- We may cancel these T&Cs and where applicable the Terms of Service at any time after giving you reasonable notice.
- We may cancel these T&Cs and where applicable the Terms of Service without notice if any of the following happens:
- any underlying related agreement with Otto1890 is terminated;
- you commit fraud or we suspect you to have done so;
- we believe that your behaviour was inappropriate or is or suggests misconduct;
- you are in breach these T&Cs, or the Terms of Service; or
- we are required by law to cancel.
- Changes
- We reserve the right to amend, update or replace these T&Cs and any applicable Terms of Service at any time, without notice to you. You should regularly check these T&Cs and any applicable Terms of Service before using the Platform to keep informed of any changes to the T&Cs and any applicable Terms of Service.
- Your continued use of the Platform will be taken to be your acceptance of any changes. If you do not agree to the changes, you may choose not to use the Platform.
- General disclaimer
- Otto1890 accepts no responsibility for any loss or damage of whatsoever nature that may be caused or brought about, directly or indirectly, by the use of the Platform or reliance on any information contained on the Platform. While every reasonable effort is made to keep information up to date and correct, any information quoted on this site must be confirmed by Otto1890. Otto1890 does not accept any liability for reliance placed on quoted rates in the absence of confirmation.
- Calculators available on the site are intended only to provide an indication of amounts calculated. Since Otto1890 has no control over the information and variables entered by the user, figures generated by the calculators shall not be binding on Otto1890.
- For your convenience and from time to time, certain links to third party websites may be available to you on the Platform. Such third party websites and links are not under the control of Otto1890. Accordingly, Otto1890 is not responsible for or liable to you for the content of the third party websites nor for your use of the third party website and/or link. Otto1890 does not endorse any third party website or link. Your use of the link and the third party website is at your own risk.
- You may not:
- use the Platform for any unlawful or prohibited purpose;
- use the Platform in any manner that could damage, disable, overburden, impair or otherwise interfere with the Platform or any other person’s use of the Platform;
- obtain or attempt to obtain any materials or information not intentionally made available to you by Otto1890;
- circumvent, disable or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
- Use of the Platform is at your own risk and Otto1890 bears no responsibility or liability with regard to your use of the Platform.
- Except to the extent that Otto1890 acted fraudulently or with gross negligence, Otto1890 shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of, or which may be attributable to, directly or indirectly, the use of or reliance upon any information, links or service provided through the Platform or other electronic medium.
- While every effort is made to ensure the security of information entered into the Platform, information may be intercepted, corrupted, lost and/or subject to interference. Otto1890 does not accept liability for any errors or omissions in the contents of messages or damages resulting from opening a message, should it contain a virus.
- Otto1890 makes no representations about the suitability, reliability, availability and accuracy of the information, documents, software, products and/or services provided by it.
- In terms of certain hyperlinks made available to you, you may be given access to and may be able to view certain information and view, change, alter or print certain documents. You acknowledge and agree by your use of the hyperlink and the Platform:
- that all information and documents received, displayed, viewed and/or accessed by you shall at all times remain the property of Otto1890 exclusively;
- access or viewing privileges to such information and documents granted to you by Otto1890 does not confer any rights of any nature whatsoever in such information or documents to you;
- you are not permitted to disclose any information or document without the prior written consent of Otto1890;
- you will maintain the confidentiality of information and documents received, sent or accessed through the Platform or any hyperlink sent to you; and
- you will not use the information and documents received, sent or accessed through the Platform or any hyperlink sent to you for any unlawful purpose or any purpose other than the purpose, and within the parameters, set out by Otto1890.
- You hereby indemnify Otto1890 against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to your use of or reliance of any information offered on or via the Platform or as contemplated in this clause.
- General
- You warrant that you have the necessary legal capacity and authority to enter into and be bound by these T&Cs and any applicable Terms of Service.
- By accepting these T&Cs and any applicable Terms of Service, you are considered to have read and understood them. You warrant that you have accepted such terms and conditions and that you will abide by them.
- Personal information
Our Privacy and Cookie Notice explains what personal information we collect about you when you use the Platform, and you can view our Privacy and Cookie Notice online by clicking here. Please note that when you agree to these T&Cs and any applicable Terms of Service you shall be deemed also to have read, understood and agreed to our Privacy and Cookie Notice in its entirety. - Legal Notices
- Otto1890 shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these T&Cs and any applicable Terms of Service.
- All provisions of these T&Cs and any applicable Terms of Service are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these T&Cs and any applicable Terms of Service which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between us and the remaining provisions of these T&Cs and any applicable Terms of Service (as the case may be) shall remain in full force and effect.
- Should Otto1890 be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Safin is so prevented from fulfilling them. In the event that such event continues for more than 14 days after it has first occurred then Otto1890 shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these T&Cs and any applicable Terms of Service by giving notice to you.
- An event outside of our control shall mean any event or circumstance whatsoever which is not within our reasonable control including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
- These T&Cs and any applicable Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa.
- You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, these T&Cs and any applicable Terms of Service or any matter related to or in connection therewith.