Rentals Management Software Terms of Service

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OTTO RENTAL MANAGEMENT SOFTWARE TERMS OF SERVICE

These General Terms set forth the main terms and conditions applying to and governing the usage of the Otto.Rentals Rental Management Software. To utilise the Otto.Rentals Rental Management Software, you must agree to the terms and conditions that are set forth below. Otto.Rentals can be contacted through its website or WhatsApp message or call via the number provided on the website or by sending an email to help@ottogoes.com.

  1. INTRODUCTION

Otto provides an online vehicle rental management tool or software that enables rental vehicle fleet owners to manage and control their vehicle rentals and has the features specified in the product breakdown which can be viewed at www.ottogoes.com  Otto.Rentals is accessible online through https://www.ottogoes.com/ and all our associated mobile or web applications - which will be referred to as “Software or the Platform” throughout this document. By accessing or using the Software, including by communicating with us or other Otto users through the Platform or our other means of contact, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), Otto’s Data Privacy Guidelines, and other terms and conditions for use of the Software accessible in or through the Platform or on the Otto website. These Terms govern your access to and use of the Software and constitute a binding legal agreement between you and Otto.

Otto reserves the right, at our sole discretion, to modify the Software or the Platform or to update the Agreement, including these Terms, at any time. If we update these Terms, we will post the update or modification on the Platform. We will also update the “Last Revised” date at the top of the Terms of Service Page and provide a notification of the update via email. After such an update, when you next log onto the Platform you will be required to read and agree to the updated Terms prior to proceeding to utilise your account. If you continue to access or use the Software after agreeing to an update or modification or, you are indicating that you agree to be bound by the modified terms. If the updated or modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Software and close your Otto Account immediately. If you choose to close your Otto Account, the previous effective version of these Terms will apply to you.


  1. DEFINITIONS
    • “Agreement” Refers to an agreement between vehicle fleet owners and Otto regarding the use of Otto.Rentals Software consisting of:
      • these General Terms;
      • Otto’s Privacy policy;
      • special terms displayed in the Otto Application, e.g. regarding price information or service descriptions;
      • the Software Features; and
      • other terms referred to in this Agreement as may be amended from time to time
    • “Fleet Owner” means the owner of a fleet of rental vehicles who wishes to use the Software to manage their said fleet. Each Fleet Owner has a personal Otto Account to use the Otto.Rentals Platform. A host can either be a natural or legal person;
    • “Otto (also referred to as "we", "our" or "us")” means the registered business name owned by Froncourse Investments Limited, a private limited company incorporated and registered under the laws of the Republic of Kenya having its registered office at Merchant Square, on Riverside Drive, Nairobi and operating in Kenya. The company provides vehicle rental management software that enables vehicle fleet owners to carry out and manage their vehicle rentals. Otto also provides an online car rental marketplace that connects hosts (car owners) with renters (drivers who rent the vehicle). Otto is accessible online through https://www.ottogoes.com/ and all our associated mobile or web applications - which will be referred to as “the Software or the Platform” throughout this document;
    • “Otto Account” means the fleet owner account created on the Otto Platform by a fleet owner who wishes to manage their vehicle rentals using the Software out their vehicle through the Otto Platform;
    • “Otto Platform/Software” means collectively, the Otto Software, Platform, websites and ancillary features, services and offerings designed to enable fleet owners to manage their vehicle rentals;
    • “Otto Fee” means the fee or commission that the Fleet Owner is obliged to pay to Otto for using the Otto Platform or Software.
    • “In-app Payment” means cards, mobile money payment, and other payment methods used by the renters of the Fleet Owner’s vehicle via the Platform to pay for a vehicle rental.


  2. ELIGIBILITY AND REGISTRATION
    • The minimum age requirement for Fleet Owners who are natural persons is 18 years. There is no minimum age limit for artificial legal persons.
    • In order to access and use the Otto Services, you are required to sign up either as an artificial legal or natural person by providing the requested information in the sign-up application on the website and uploading the necessary documentation as required by us.
    • We do not have any control over, and are not responsible or liable for, the products or services that are offered by you using our Software or any issues or disputes that may arise between you and the renters of your vehicles.
    • Upon successful completion of the sign-up process, an account will be created and made accessible via a user-name and password or other means of account access that shall be provided by Otto.
    • By clicking the “Sign up" button located at the end of the sign-up process ou represent and warrant that:
      • you have the full legal capacity and authority to enter into this agreement and use the Otto.Rentals Software;
      • you have carefully studied, fully understand and agree to be bound by these Terms and Conditions, including all obligations that arise as provided herein and in the Privacy Guidelines and other terms and conditions for the use of the Software;
      • all the information you have presented to us is accurate, correct, and complete;
      • you will keep your Otto.Rentals Account information accurate and updated at all times;
      • In certain instances, you may be asked to provide proof of identity such as your Kenyan National Identity Card or your passport or a certificate of incorporation for an artificial legal person, and any additional necessary documents to access or use the Software, and you agree that you may be denied access to or use of the Software if you refuse to provide proof of identity and any additional necessary documents necessary to access the Software or Platform.
      • you will not authorize other persons to use your Otto.Rentals Account nor transfer or assign it to any other person without Otto’s express written consent or authorisation;
      • you will not use Otto.Rentals Software for unauthorized or unlawful purposes or in any way interfere with the proper operation of the Otto.Rentals Software;
      • at all times, you will fully comply with all laws, rules and regulations applicable in the County and Country you are providing vehicles for hire in;
      • You are obliged to provide your payment information which may include bank account information, paybill number, till number, mobile money number etc in the course of filling in the payment details section when applying for an Otto.Rentals Account. If you are an artificial legal person, you must insert the legal entity’s payment information.
      • We are not liable for any payment transaction failure in the event you provide the wrong bank details, or where such failure occurs for reasons other than a negligent act or default on the part of Otto.Rentals.


  3. VERIFICATION
    • Where permitted, Otto has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to verify any and all of the information you provide to us and to obtain additional related information. Otto may in its sole discretion use third-party services to verify the information and updates and corrections thereto where applicable and you hereby authorize Otto to request, receive, use, process and store such information.
    • Otto may permit or refuse your request to utilise the Otto.Rentals Software at its sole and absolute discretion.


  4. RIGHT TO USE OTTO.RENTAL SOFTWARE AND PLATFORM
    • Permission to use the Otto.Rentals Software and the Otto Host’s Account. Subject to your compliance with the Agreement, we hereby grant you a revocable, non-exclusive, non-transferable licence or permission to use the Otto.Rentals Software and Platform via your account and in compliance with these Terms and Conditions and any other provisions and requirements of which Otto may inform you. The permission does not grant you the right to “sub-lease” your account or transfer any rights to third persons.
    • In the course of using the Otto.Rentals Software or Platform via your account you may not:
      • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software or other software belonging to Otto;
      • modify or attempt to modify the Otto.Rentals Software or your account in any manner or form or to use any unauthorised modified versions of the Otto.Rentals Software or your account;
      • transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operation or functioning of the Otto.Rentals Software;
      • attempt to gain unauthorized access to the Otto.Rentals Software, your account, or any other Otto Services.
    • The permission granted herein is revoked automatically and simultaneously with the termination of this Agreement. After termination of this Agreement, you must immediately stop using the Otto.Rentals Software/ Platform and your account and we are entitled to block and delete your account without prior notice.
    • Using tags and labels of Otto. Additionally, we may give you tags, labels, stickers, or other signs that refer to the Otto brand or otherwise indicate you are using an Otto product. We grant users a non-exclusive, non-sub-licensable, non-transferable license to use such signs only to indicate that they are receiving or utilising services via the Otto Platform. After termination of the Agreement, you must upon demand immediately remove and discard any signs that refer to the Otto brand.
    • All copyrights, trademarks and patents, in respect of the Software, source codes, databases, logos, and visual designs etc are owned by Otto and protected by copyright, trademark, patent and/or trade secret laws and international treaty provisions. By using the Otto Platform or any other Otto services you do not acquire any rights of ownership to any intellectual property.
  • COMMUNICATION WITH FLEET OWNERS
    • You agree that Otto may contact you by electronic means (e.g., an electronic mail, notifications via Otto messaging and in app notifications) in lieu of any requirement for mailed notices;
    • Contact may be made using auto-dialed or pre-recorded message calls or text messages to your phone number(s);
    • We may place such calls or texts primarily to confirm sign-up, provide notices regarding your Otto Account or Otto Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages;
    • We may share your phone number(s) with third party service providers with whom we contract to assist us in carrying out the foregoing;
    • We will not share your phone number(s) with third parties for their purposes without your consent. Standard telephone minutes and text and data charges may apply;
    • You authorize Otto and its service providers, without further notice or warning and at our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Otto or its agents for quality control and training purposes;
    • You also acknowledge and understand that all forms of communication with Otto may be recorded and monitored without further notice or warning.
  • DATA SHARING
    • Your data will be processed in accordance with the Privacy Policy, available at in section below
    • Otto has access to personal data provided or generated in connection with the use of Otto.Rentals Software as well as data you have made publicly available through the use of other third party software and you hereby authorise Otto to, aggregate and utilise anonymous data so gathered for purposes of improving and refining the Software and the Platform and for any other uses it deems appropriate. Your data will not be shared in an identifiable manner with other fleet owners.
    • Otto takes all reasonable steps to ensure the confidentiality of such data and comply with all applicable privacy policies and laws.
    • Except where otherwise provided by applicable Privacy Policies and laws, Otto maintains access to such data after the Agreement between you and Otto is terminated.
    • Otto requires Fleet Owners to provide in their contracts with renters of vehicles, that in the event the renter breaches the said contract or otherwise contravenes the Fleet Owner’s terms of service then the renter’s personal information and vehicle rental record may be stored and shared with any relevant authorities or other fleet owners for blacklisting upon request.
  • OTTO VEHICLE SHARING MARKETPLACE/APPLICATION
    • You hereby authorize Otto and agree to the listing of vehicles that you place on the Otto.Rentals Platform on Otto’s vehicle sharing marketplace/Application for provision for rent to renters.
    • You further agree to adhere to the Otto Application Terms and Conditions which can be viewed here https://www.otto.rentals/legal-docs/host-terms-of-service


  1. FEES/COMMISSIONS
    • FEES/COMMISSIONS
      • Otto will deduct a non-refundable commission from all rental fees paid through the Platform and remit the balance to the Fleet Owner.
      • Otto is not a payment service provider, remittance business or money transfer service. The Platform, inter alia, facilitates the making of payments to the Fleet Owner by its clients for a commission. Any refunds that may need to be made to a renter by the Fleet Owner would be handled directly between those parties.
      • Otto may amend its fees or commission structure at any time after the issuance and expiry of a minimum of Seven (7) days’ notice
    • TAXES
      • Depending on government regulations, Otto may enable the collection and remittance of certain taxes from you or on your behalf, based on existing and future tax regulations, including but not limited to Value Added Tax, digital service tax and any other taxes, duties or charges that may be lawfully imposed.
      • The amount of taxes, if any, collected and remitted by Otto will be visible to, and separately stated to you.


  2. PROHIBITED ACTIVITIES

In connection with your use of or access to the Software, Fleet Owners agree that they will not, nor advocate, encourage, request, or assist any third party to:

  • Violate any law, including:
    • Breach, violate, and/or circumvent any local, county, national or international law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights;
    • Post false, inaccurate, misleading, defamatory, or libelous content; and
    • Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from intellectual property or content that belongs to or is licensed to Otto, or that comes from the Software or Platform and belongs to another Otto user or a third party, including material covered by any copyrights, trademark, patent, or other intellectual property right, privacy, publicity, moral, or contractual rights, except with prior express written permission of Otto.
  • Dilute, tarnish, or otherwise harm the Otto brand in any way, including:
    • Through unauthorized use of the Software or Platform;
    • Registering and/or using "Otto" or derivative terms in domain names, trade names, trademarks, or otherwise; and
    • Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Otto domains, trademarks, tag-lines, promotional campaigns, or Otto and/or user content.
  • Provide or submit any false or misleading information, including:
    • False name, certificate of incorporation or other personal information;
    • By registering for an Otto.Rentals Account on behalf of an individual other than yourself; and
    • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity.
  • Fail to honor Fleet Owner’s commitments, including:
    • fail to pay commissions, fees, penalties, or other amounts owed to Otto;
    • use the Software to on-board or contract with a vehicle renter and then complete a transaction partially or wholly independent of the Platform, for any reason including but not limited to circumventing the obligation to pay any commissions or fees related to the provision of the Services by Otto (aka, off-platform transactions, which do not necessarily require the exchange of money) provided always that it is understood that payments by renters may at times be made offline. In those instances the Fleet Owner, having received funds directly, will record the receipt on the Platform and Otto will thereafter invoice the Fleet Owner for its commission; and
    • transferring your Otto Account and/or user ID to another party without our consent.
  • Harm or threaten to harm users of our community, including:
    • Engage in physically or verbally abusive or threatening conduct;
    • Use the Software to transmit, distribute, post, or submit any information concerning any other person or entity without their permission, including without limitation, photographs of others, personal contact information, payment method details, or account numbers;
    • Treat anyone differently based on their race, ethnicity, religion, gender/gender identity, sexual orientation, disability, age, socio-economic background etc. Discrimination of any kind is not tolerated in the Otto community; and
    • Sue or assert legal claims against Otto or an Otto user in any manner prohibited or waived by these Terms.
  • Use the Services for unrelated purposes, including to:
    • Harvest or otherwise collect information about renters without their and Otto’s consent; and
    • Recruit or otherwise solicit any vehicle renter to join third-party services or websites that are competitive to Otto, without our prior written approval.
  • Interfere with the operation of the Services, including by:
    • Using the Software in connection with the distribution or posting of unsolicited commercial messages (e.g., spam);
    • Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pins, denial-of-service attacks, back-doors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Software, or harm Otto or the interests or property of others;
    • Bypassing robot exclusion headers, interfering with the working of the Software, or imposing an unreasonable or disproportionately large load on our infrastructure;
    • Save for with the express consent of their renters, systematically retrieving data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
    • Using, displaying, mirroring, or framing the Software or any individual element within the Software, the Otto name, any Otto trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Software, without the express written consent of Otto;
    • Accessing, tampering with, or using non-public areas of the Platform, our computer systems, or the technical delivery systems of our service providers;
    • Attempting to probe, scan, or test the vulnerability of any of our systems or network or breach any security or authentication measures;
    • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Otto or any of our service providers or any other third party (including another user) to protect the Platform;
    • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Software to send altered, deceptive, or false source-identifying information;
    • Attempting to decipher, decompile, disassemble, or reverse engineer any of the Software; and
    • Endeavouring to circumvent a suspension, termination, or closure of your Otto.Rentals Account including, but not limited to, creating a new Otto Account or listing vehicles affiliated with or registered to an Otto.Rentals Account holder that has been suspended, terminated, or closed.


  1. NON-DISCRIMINATION POLICY
    • All members of the Otto community agree not to discriminate against users based on race, gender, ethnicity, religion, sexual orientation, age, national origin, geographic location, disability, or marital status and any other categories as per Kenyan law.
    • How do I report discrimination? 
      • Otto can be contacted through the details on its public website on voice call or via WhatsApp or by sending an email to help@ottogoes.com We will investigate each report on a case-by-case basis and may reach out for further information
    • What happens if someone does not comply with our non-discrimination policy?
      • Otto will review any reported incidents and reserves the rights to remove any community members who violate our non-discrimination policy at our sole discretion without informing any members in advance. Further consequences may be pursued based on all legal options available to us.


  2. OTHER LEGAL MATTERS
    • Violations
      • Otto has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement violations of the Agreement to the fullest extent permissible by the law.
      • Otto reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Otto, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Software/Platform or our community.
      • If we believe you are violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Otto.Rentals Account and access to the Software, remove hosted content and take technical and/or legal steps to prevent you from using the Software.
      • Additionally, we reserve the right to refuse or terminate access to the Software to anyone for any reason at our discretion to the full extent permitted under applicable law.
    • Policy enforcement
      • When an issue arises, we may consider the Fleet Owner’s performance history and the specific circumstances in applying our Policies.
      • In some circumstances, we may choose to be more lenient with policy enforcement subject to our sole and absolute discretion.
    • Non-disparagement
      • The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavourable publicity for the other Party.


  3. INDEMNITY
    • You agree to release, defend, indemnify, and hold Otto and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
      • your access to or use of the Software;
      • your violation of these Terms;
      • your account content;
      • your interaction with any other user of the Software; or
      • your creation of a listing for a vehicle.
    • Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle.
    • This indemnification provision is a fundamental element of the basis of the bargain between Otto and you.
    • It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.


  4. DISCLAIMERS
    • Otto does not itself provide rental services and is not responsible for any acts or omissions by any of the users of its Software.
    • Otto is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public.
    • The Fleet Owners (you) are not employees, servants or agents of Otto and this relationship does not imply such a relationship existing between Otto and yourselves. The rights, duties and/or liabilities accorded to employees, servants or agents are explicitly not applicable to you.
    • We provide an online Platform where you can manage your vehicle rentals subject to these terms and conditions.
    • The Software is provided without warranty of any kind, either express or implied.
    • Otto makes no warranty that the Software, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
    • Otto makes no warranty regarding the use of the Software by the Fleet Owner or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Software.
    • No advice or information, whether oral or written, obtained from Otto, Otto’s Insurance partners, or its service providers or through the Software or content, will create any warranty not expressly made herein.


  5. LIMITATION OF LIABILITY AND WAIVER
    • You surrender, waive and release all your rights to sue or make claims against Otto and its subsidiaries, directors, officers, agents (including third-party administrators and insurance providers), or employees (referred to as "Otto Parties") as well as any Otto user for any damages or losses resulting from your use of the Software or actions or inactions on your part.
    • You are responsible for maintaining adequate security and control of any and all ids, passwords, personal identification numbers (pins), or any other codes that you use to access the Software and Otto shall not be liable for any failure on your part to do so.
    • You agree that neither Otto nor any other party involved in providing the Software will be held liable for any incidental, special, exemplary, consequential damages (including lost profits, data, goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services) arising from or related to:
      • The agreement;
      • The Software provided;
      • Any digital attack, hacking attack, malware or other cybersecurity breach of the Software that may occasion loss; and
      • Inability to use the Software.
    • Otto's total liability under the agreement or arising from your use of the Software, except for obligations to pay you, will not exceed the greater of the amounts you have paid or owe for utilising the Software over a period of 1 week or KES 10,000.
    • The limitations of liability and waiver provisions mentioned above are essential components of the agreement between Otto and you. They apply within the limits allowed by applicable law, and any parts deemed void or unenforceable will be removed while the remaining provisions remain in effect.


  6. LIQUIDATED DAMAGES
    • You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Otto to prove with certainty:
      • Receiving offline payments in respect of transactions conducted through the Platform and failing to record the same;
      • using the Otto domains, trademarks, or taglines without Otto's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising keywords;
      • suing or asserting legal claims against the Otto in any manner prohibited or waived herein;
      • creating or using an Otto.Rentals account that has the effect of circumventing Otto’s suspension, termination, or closure of another Otto.Rentals account.
    • You will pay Otto KES 100,000/- per breach in Liquidated Damages to compensate Otto for any such conduct save for intellectual property infringement which will attract a fine of a minimum of KES 1,000,000/-.This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.
    • These liquidated damages provisions are a fundamental element of the basis of the bargain between Otto and you.
    • They shall apply to the extent permitted by applicable law, and any aspects of them that are deemed unenforceable shall be severed while leaving the remainder in effect.


  7. ROUNDING OFF
  • Otto may, in its sole discretion, round up or down amounts that are payable by you as commissions or fees to the nearest whole functional base unit in which the currency is denominated (e.g., to the nearest KES, dollar, Euro, pound, or other supported currency) unless explicitly prohibited under applicable law.


  1. CORRECT AND UPDATE
    • You can review, correct, update, and edit certain information that has been previously provided to us by you at any time by logging in to your account and reviewing your account settings and profile.
    • You can also access or request a correction of your information by contacting us on any of the helplines listed at ottogoes.com
    • For your protection, we may need to verify your identity before implementing the request.


  2. ACCOUNT CLOSURE
    • Users who wish to either close or delete their account should send a deletion request via email at help@ottogoes.com.
    • Please note that we may be unable to delete information needed to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any audits and investigations, to enforce our Terms of Service and to take other actions reasonably necessary, permitted, or required by applicable law.
    • There may also be residual information that will remain within our databases and other records, which will not be removed -such information shall be anonymised.


  3. ACCESS

Fleet Owners can request a copy of their personal information pursuant to any information access rights that they may have under applicable laws. We may request proof of identification or re-authentication to verify such access requests.


  1. LOCATION DATA

You can disable the Otto Software’s access to your location within your device’s settings.


  1. NOTICES
    • You are obliged to immediately notify us of any changes to your contact information.
    • Any notice required to be given here under shall be sufficiently given if:
      • delivered personally,
      • sent by courier with proof of delivery,
      • sent by registered mail,
      • sent by e-mail or
      • made available via your Otto.Rentals Account.
  • Any notice which is sent or dispatched in accordance pursuant to the previous clause shall be deemed to have been received:
    • if delivered personally, at the time of delivery to the party;
    • if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
    • if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
    • if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.


  1. APPLICABLE LAW AND COURT JURISDICTION
    • This Agreement shall be governed by and construed and enforced in accordance with the laws of the Republic of Kenya.
    • Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, may either be determined by a court of competent jurisdiction or may be referred to and finally resolved by arbitration under the Arbitration Act:
      • the number of arbitrators shall be one;
      • the seat, or legal place, of arbitration, shall be Kenya;
      • the language to be used in the arbitrary proceedings shall be English;
      • the governing law of the contract shall be the substantive law of Kenya.


  2. AMENDMENTS
    • Otto reserves the right to amend this Agreement anytime by uploading the revised version on its website (www.com ) and notifying all users of the Software (e.g., via e-mail, or your Otto.Rentals Account) whenever, in the reasonable opinion of Otto, such amendments are material.
    • Otto shall provide at least 15 days advance notice (e.g., via e-mail, or Otto.Rental Account) about amendments that affect the rights of Fleet Owners hereunder unless:
      • Otto is subject to a legal or regulatory obligation that requires it to amend the Agreement in a manner that does not allow it to respect the advance notice period;
      • The immediate amendment is required to address an unforeseen and imminent danger related to health, safety, or cyber-security risks, or defend the Otto Services, Hosts, or Renters from fraud, malware, spam, or data breaches;
      • You have elected to waive the advance notice period (e.g., they continue to use Otto Services after receipt of the notice of amendment); or
      • In the reasonable opinion of Otto, amendments are beneficial for the Hosts and do not require technical adjustments from them.
    • If you do not agree to the amendments to this Agreement or the other terms and conditions of the Services, you reserve the right to terminate the Agreement by discontinuing the use of the Otto Services and providing a termination notice to Otto.
    • The termination of the Agreement would take effect on the effective date of the proposed amendment unless otherwise provided in the termination notice.
    • Use of the Otto Services on or after the effective date of the amendment constitutes your consent to be bound by the amended Agreement.


  3. FINAL PROVISIONS
    • If any provision of this Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
    • Any changes to this Agreement will become effective when posted or as otherwise indicated.


Last Updated: 2024-01-22 

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