Terms & Conditions
If you browse or otherwise access any content or data on Otutu website where this Terms and Condition appears in the footer, and to any Otutu application, service, or tool (collectively known as “Resource” or “Service“) you agree to be bound by these terms. If you do not agree to these terms, please do not use our Resources.
By using the service(s) with or without a Registered account, regardless of how you access or use it, including through mobile devices you are accepting the terms of this Terms of Conditions and any applicable posted guidelines for the Service.
Administrator reserve the right to change Terms and Condition at any time by publishing the new Terms and Conditions on the Services(s). By continuing to use the Service you are indicating your acceptance to be bound by the amended Terms and Conditions.
“Administrator”, “we” or “us” – Local Content Administrator or other entity that exercise control over the Local Content Administrator, which renders the Services to the Users.
“User”, “you”, “your” – means any natural person eligible to conclude an agreement under the applicable law with Administrator and using any of Services with or without a Registered account. The Users may also act on behalf of the company that provides goods and services and intends to post announcements to the Resource. In this case, Users shall be empowered for such representation in a written form.
“Register entry/account” — an electronic User area within functional system of the Resource, with a help of which he/she is able to manage his/her announcements on the Resource.
1.1. For the registration of an account, you shall provide necessary and current information for the purpose of generation of a User account, which includes User’s unique login (email address), and a Resource password, as well as his/her surname and name. Resource Registration Form may require the User to provide more detailed information.
1.2. The resource is a marketplace that allows users to offer, sell by posting an announcement and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between Users. In such a manner the Administrator is not a party of the transaction, but it only provides a communication trade platform for the posting of announcements. We also have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
1.3. Administrator does not pursue actions focused on checking of materials posted by Users and expressly disclaims all responsibilities in relation to materials posted by Users.
1.4. Administrator prevents infringement of copyright and intellectual property right infringement in the course of using of the Resource and can delete any User material, which infringes intellectual property rights, at its own discretion without prior notice. We also may terminate Users’ access to the Resource, in the event that such Users repeatedly infringe rights or commit any actions in contrast to these Terms and Conditions.
1.5. We may set limits of active announcements for appropriate columns. The Resource Administrator can render additional services of increasing of a column limit by means of sales of an announcements package.
1.6. The fees we charge for using our Services are listed on the Resource.
2.1. Using the Resource, the User shall:
2.2. Using the Resource, the User shall not:
2.3. Each User shall warrant and acknowledge that:
3.1. The administrator may request User to provide the documents confirming the legitimacy of posting of announcements in relation to goods and services.
3.2. The User, who posts announcements with regard to the sale of goods and services to the Resource, shall place information about them in accordance with these Terms and Conditions and provide precise and complete information about the goods and services, as well as about the terms and conditions of sale of them. When the User places information about goods or services, he/she hereby confirms being legally authorized to sell these goods or render such services pursuant to laws of states, in which they are sold, as well as that he/she has obtained all necessary approvals.
3.3. The User warrants that goods/services he/she offers correspond with quality norms established by the legislation of states, in which they are sold, and are free of the third parties’ claims.
3.4. The User warrants that goods/services he/she offers provided that any special permits are needed for sale or rendering of them will be sold/rendered in accordance with the requirements of states, which special authorities will be empowered to supervise such User’s activity.
3.5. The User shall thoroughly check all information about goods and services posted by him/her to the Resource, and, in case of any incorrect information detected, add necessary data in the description of goods or services. If no possibility exists to do so, the User shall adjust incorrect information by having annulled the announcement and posted information about goods or services again.
3.6. Delivery conditions should be included in a goods description, and services terms and conditions should form a part of the service description. Goods sale and service terms and conditions developed by the User shall not interfere with these Terms and Conditions and the applicable legislation of states, for which they are sold.
3.7. Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, the terms and conditions of price change shall be provided in an announcement.
3.8. The User is not allowed to post or distribute:
4.1. If User posts legally owned content to the Resource, he/she hereby grants to other users and the Administrator non-exclusive rights for its use solely in the scope of functionality provided by the Resource, except when such use damages or may damage legally protected right holder’s interests.
4.2. The User also grants to the Administrator a non-exclusive right to use content, which is located on the Resource and legally owned by him/her, without compensation so that the Administrator would be able to ensure operation of the Resource to the extent determined by its functionality and architecture. The above mentioned non-exclusive right is provided for the period of posting of content to the Resource covering all states over the world. The Administrator is entitled to assign rights described in this clause to the third parties.
4.3. Any use of the Resource or any content on the Resource, except that permitted by these Terms and Conditions or in the event of express right holder’s consent to such use, without the prior written consent of a right holder is strictly prohibited.
4.4. Responsibility for violation of exclusive rights. The User shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) on the Resource, or by its means. The User shall not download, distribute or post content to the Resource if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.
4.5. The Administrator may, but not shall, review the Resource for a presence of any prohibited content and may delete or displace (without notice) any content at its discretion, for any reason or without it, including but not limited to deletion or displacement of content which violates these Terms and Conditions, laws and/or may infringe rights, inflict damages or endanger safety of other Users or the third parties.
4.6. Materials on the Resource, except those posted by the User, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to the Administrator representing items of copyright and of any other intellectual property rights. Unauthorized use of such Materials and Marks without prior notice of the Administrator is not allowed.
5.1. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to the Resource someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.
5.2. Providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
These Rules strictly prohibit mailing out of undesirable advertisements via email, or of any other undesirable messages, or by means of the Resource. The administrator may periodically control letters delivery within the Resource for spam mail-outs.
7.1. All services rendered by the administrator as rendered “as is”, “as available” and “with all faults”, and the administrator disclaims all warranties, expressed or implied, including without limitation any guaranties regarding condition, quality, life duration, performance, accuracy, reliability, commercial value and suitability for specific purposes. All such warranties and liabilities are hereby excluded.
7.2. The administrator makes no warranties concerning authenticity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided by means of the resource; the administrator makes no warranties concerning the manufacturing, import, export, offer, displaying, purchase, sale and/or use of products or services, which are offered or displayed on the resource do not infringe any third parties’ rights; and the administrator makes no warranties or representations of whatsoever nature concerning any products or services offered or provided on the resource.
7.3. Any data downloaded or in any other way acquired by means of the Resource are created at each User’s discretion, and each User shall be fully responsible for any damages inflicted to the computer system or loss of data, which may arise as a result of downloading of any such data.
7.4. The Administrator and affiliated parties shall bear no responsibility for materials posted by the Users, as well as for goods and services offered by the User for trade. The Administrator disclaims all warranties regarding that quality of goods and services acquired by means of the Resource will be consistent with a buyer’s expectations and/or demands. The Administrator makes no warranties about that goods, services or information ordered by means of the Resource will be provided by the Resource User in accordance with a buyer’s expectations.
8.1. Each User agrees to be obliged to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs to the fullest extent), which may arise following Users’ use of the Resource, as a result of violation of any condition of the Terms and Conditions, or violation of representations and warranties made by him/her towards the Administrator.
8.2. Each User hereby agrees to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other parties’ rights, related to the goods and services offered or displayed on the Resource. Each User hereby acknowledges that the Administrator shall have no liabilities or responsibilities against you with regard to any data posted by any other persons, as well as those discreditable or illegal, and risk of losses related to such data remains entirely with each User.
8.3. The Administrator shall not be responsible for any expressed or implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transactions, negligence, delinquency, or in any other way, or any other losses related to the following actions:
9.1. The Administrator reserves a right to delete or block access to information posted by User without notice in the event of:
9.2. The Administrator shall be entitled to block access to the information posted by users to the Resource at its sole discretion having provided a user with relevant substantiation.
10.1. The Administrator disclaims any responsibility for User’s interaction with any organizations and/or persons in the course of using of the Resource. This includes, but not limited to, payments for and delivery of goods and services, as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. The Administrator disclaims responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify the Administrator, its officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.
11.1. Please read this Section carefully. YOU AND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
11.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Administrator, via any other method available to Administrator, including via e-mail. The Notice to Administrator must be addressed to Otutu Limited (239 Collier Row Lane, Romford. Essex. RM5 3JA. United Kingdom), Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Administrator do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Administrator may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATOR WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS TERMS AND CONDITIONS. The Rules and and forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Administrator, then Administrator will promptly reimburse you for your confirmed payment of the filing fee upon Administrator’s receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than £1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
11.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in the United Kingdom will be appointed pursuant to the Rules, as modified herein. You and Administrator agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
11.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND ADMINISTRATOR AGREE THAT YOU AND ADMINISTRATOR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
11.5. The decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the United Kingdom in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United Kingdom Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 11.
11.6. Equitable Relief. The foregoing provisions of this Section 11 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Administrator or a third party breaches this Terms and Conditions, the damage or harm, if any, caused to you will not entitle you to seek injunction or other equitable relief against Administrator, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Terms and Conditions.
11.7. Claims. You and Administrator agree that notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Terms and Conditions or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11.8. Improperly Filed Claims. All claims you bring against Administrator must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Administrator may recover attorneys’ fees and reimbursement of its costs provided that Administrator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
11.9. Modifications. In the event that Administrator makes any future change to the “Mandatory Arbitration” paragraph set forth above (other than a change to Administrator’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Administrator’s Arbitration Notice Address, in which case your account with Administrator and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms and Conditions.
12.1. Except as otherwise provided, if any provision of this Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforce-ability of the remaining provisions. In our sole discretion, we may assign this Terms and Conditions, and in such event, we will post a notice on Otutu
12.2. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms and Conditions.
12.3. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Resource.