The Ottava apps are brought to you by Ottava Technology Ltd ©
1. Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Account": means an account required to access and use Our App, as detailed in Clause 4;
"Content": means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;
"All Services/Services": means the facilitating of User interactions with Merchants or other Users to facilitate the Services;
"User": means a user of Our App;
"User Content": means any user content created and/or uploaded by Users in or to Our App;
"We/Us/Our": means Ottava Technology Ltd, a limited company registered in Scotland under company number SC726602, with its registered address at 59 Hyvot Loan EH17 8NP Edinburgh UK;
"Merchant": means the independent third parties who provide the relevant Services to Users;
2. Information About Us
Our App is owned and operated by Ottava Technology Ltd, a limited company registered in Scotland under company number SC726602, with its registered address at 59 Hyvot Loan, EH17 8NP, Edinburgh UK.
3. Access to Our App
1. Access to Our App is currently free of charge except Merchant. Merchant must pay 0.5% of each order transacted on our platform in order to access to our Services. The service fees are not refundable.
2. It is your responsibility to make any and arrangements necessary in order to access Our App.
3. We may from time to time make changes to Our App:
1. Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by terms-conditions of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App;
2. Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by terms-conditions of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our App; and
3. As detailed in the description and features of Our App, We may develop and improve Our App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
4. We will always aim to ensure that Our App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.3. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our App.
1. An Account is required to use Our App.
2. You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use Our App, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4. User profile photographs will be visible to other Users and Merchants.
4. We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
5. You must not use anyone else’s Account.
6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 16.
7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing Your account will also remove any User Content that you have created from Our system.
8. You agree to not authorise usage of your Account to others or transfer your Account to others.
5. Our Intellectual Property Rights and Licence
1. We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our App to index similar journeys for personal and business purposes, subject to these Terms and Conditions.
2. Subject to the licence granted to Us under sub-Clause 8.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).
3. All other Content included in Our App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4. By accepting these Terms and Conditions, you hereby undertake:
1. Not to copy, download or otherwise attempt to acquire any part of Our App;
2. Not to disassemble, decompile or otherwise reverse engineer Our App;
3. Not to allow or facilitate any use of Our App that would constitute a breach of these Terms and Conditions; and
4. Not to embed or otherwise distribute Our App on any website, ftp server or similar.
6. Links to Our App
1. You may link to Our App provided that:
1. You do so in a fair and legal manner;
2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
3. You do not use any of Our logos or trademarks (or any others displayed on Our App) without Our express written permission; and
4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. You may not link to any page other than the homepage of Our App (www.ottava.tech) unless using the sharing features of Our App.
3. You may not link to Our App from any other website the content of which contains material that:
1. Is sexually explicit;
2. Is obscene, deliberately offensive, hateful or otherwise inflammatory;
3. Promotes violence;
4. Promotes or assists in any form of unlawful activity;
5. Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6. Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7. Is calculated or is otherwise likely to deceive another person;
8. Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
9. Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6);
10. Implies any form of affiliation with Us where none exists;
11. Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
12. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
8. User Content
1. You agree that you will be solely responsible for any and all User Content that you create or upload using Our App. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 10.
2. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
3. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our App.
4. If you wish to remove User Content, you may do so by sending an email to email@example.com with the subject line ‘User Content Removal’. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 8.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
5. We may reject, reclassify, or remove any User Content created or uploaded using Our App where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
9. Intellectual Property Rights and User Content
1. All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
3. We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Our App. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
10. Acceptable Usage Policy
1. You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
1. You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
2. You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
3. You must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
4. You must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. The following types of User Content are not permitted on Our App and you must not create, submit, communicate or otherwise do anything that:
1. is sexually explicit;
2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
3. promotes violence;
4. promotes or assists in any form of unlawful activity;
5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7. is calculated or otherwise likely to deceive;
8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2);
10. implies any form of affiliation with Us where none exists;
11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
3. We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 10 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
1. Suspend, whether temporarily or permanently, your Account and/or your right to access Our App;
2. Remove any of your User Content which violate this Acceptable Usage Policy;
3. Issue you with a written warning;
4. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
5. Take further legal action against you as appropriate;
6. Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
7. Any other actions which We deem reasonably appropriate (and lawful).
4. We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
1. We may feature advertising within Our App and We reserve the right to display advertising on the same page as any User Content.
2. You agree that you will not attempt to remove or hide any advertising by any method.
3. We will not be responsible for any advertising in Our App including, but not limited to, any errors, inaccuracies, or omissions.
1. No part of Our App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.
2. Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
3. We make reasonable efforts to ensure that the Content contained within Our App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our App (and the Content therein) is complete, accurate or up-to-date.
4. If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.
5. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our App. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
13. Our Liability
1. To the fullest extent permissible by law, We accept no liability to you in any way in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, theft or loss of your or any other person’s property, breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our App or in relation to any Shared Journey Services or All Services, or in relation to the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our App.
2. To the fullest extent permissible by law, We accept no liability to consumers or businesses for any other loss, damage, costs, expenses or liability that you suffer in connection with the All Services.
3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including User Content) included in Our App.
4. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions).
5. We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware. Subject to sub-Clause 12.4, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.
6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7. Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
8. Merchants are solely responsible for any warranty in relation to, and quality of, the goods and services served to Users.
14. Viruses, Malware and Security
1. We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware. We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.6.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
4. You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
5. You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
15. Privacy and Cookies
16. Data Protection
1. All personal data that We may use will be collected, processed, and held in accordance with the provisions of the General Data Protection Regulation (2016/679) (“GDPR”) and User rights under the GDPR.
17. Communications from Us
1. If you have an Account, We may from time to time send you important notices by terms-conditions. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our App, and changes to your Account.
2. We will never send you marketing terms-conditions of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing terms-conditions sent by Us include an unsubscribe link. If you opt out of receiving terms-conditions from Us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive terms-conditions from Us.
3. For questions or complaints about terms-conditions communications from Us (including, but not limited to, marketing terms-conditions), please contact Us at firstname.lastname@example.org.
18. Other Important Terms
1.We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that other provision.
6. Hyperlinks to other websites may be found in the app or website. We are not responsible for the content they contain and linking to them is not an endorsement of the website.
7. During use of our Service, you may transact with Merchants who display or offer their goods or services through our Services. Any transaction is between you and the Merchant and We are not liable in respect of any claims, actions, losses, expenses and or costs.
19. Changes to these Terms and Conditions
1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App after the changes have been implemented. You are therefore advised to check this page from time to time.
2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
20. Contacting Us
To contact Us, please email Us at email@example.com or by using any of the methods provided on Our home page at www.ottava.tech.
21. Law and Jurisdiction:
1. These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England.
2. Each party hereby submits to the non-exclusive jurisdiction of the Courts of England as regards any claim, dispute or matter arising out of these Terms and Conditions.
22. Financial Terms:
1. Merchant fees:
1. Merchants agree to pay 0.5% of each order transacted on our platform as the service fees.
2. The service fees are non-refundable.
3. Merchants agree that service fees and other fees may be rounded in accordance with our internal policies which we may update from time to time.
4. Merchants agree with all terms and conditions set by Stripe.
23. Additional Terms for Merchants:
1. You must notify us immediately if your account has been used without your authorisation. In the event that unauthorised usage occurs, the Merchant account may be suspended until control of the account is regained.
2. We cannot be held liable for lost earnings when an account is suspended, terminated or the account access is denied. You agree to indemnify Us for losses or damage that we incur as a result of unauthorised use.
3. Merchants agree to pay services fees outlined in sub-Clause 22.1, these fees are not refundable and occur from the time the Merchant account is opened until it's terminated.
4. We do not claim ownership of any content or information that you upload to the Platform or supply us with. Uploaded content that is covered by intellectual property rights (including without limitation photos or videos), you:
5. Merchants acknowledge that content or information changes may be made available in real time to Users. Merchants are responsible to handle any complaints or queries by the Users in respect of the said content or information without incurring liability for Us. We may, but are not obliged to, review the content or information submitted or amended by you from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you. Merchants at all times must ensure that all content created by themselves abide by any applicable laws and do not infringe any third party rights. In the event that a User order needs to be amended:
6. Merchants are liable for the service fees even when orders get cancelled or refunded.
7. Any information submitted from your account regardless of whether they are submitted on your behalf by your employee or other individuals shall be deemed to have been submitted by you. The Merchant is solely responsible for authorising access to what individuals have access to their account.
8. To be thought of as suitable for listing content on our Services should be accurate, truthful and not meant to mislead Users or Us. Food allergy and intolerance standards should be followed for the jurisdiction you operate in. If we deem goods or services not to meet these standards and suitable for listing we will ask you to correct these. Failure to do so will result in your account being suspended until the identifying issues can be resolved.
9. Merchants agree to directly handle complaints or enquiries arising from their customers.