OTO - Register

Hello and Welcome to OTO Global Inc

The operator of www.tryoto.com (“Website“) and owner of the service subscription platform (“OTO ECOM“, “we“ and “us“). The Website is designed to provide assistance to users (“User(s)“, “you“) in creating and managing shipments (“Shipment“). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service“). By creating an account on the Website (“OTO ECOM Account“) or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service and concluding a legally binding contractand represent that you have read and understood the same.

The Terms of Service are accessible at any time on the following page of our Website www.tryoto.com/terms-of-service. You must read, agree with and accept all the terms and conditions contained in the Terms of Service, and our privacy policy contained in www.tryoto.com/?open=privacy-policy (“Privacy Policy“) prior to becoming an OTO ECOM user. If you do not accept any provision in our Terms of Service and/or Privacy Policy, you are not authorized to use this Website or our Services and shall immediately cease using this Website.

1. Acceptance of Terms of Service

1.1. If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms of Service “you“ or “your“ shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you shall not accept the Terms of Service on behalf of such entity and you are not authorized to use this Website or the Services.

1.2. By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.

1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms of Service. OTO ECOM endeavors to provide you with notice of any meaningful changes to the Terms of Service either through email or notification within the OTO ECOM platform, but OTO ECOM’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.

1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be added to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your OTO ECOM Account, and/or may take other legal action at our disposal.

1.6. The usage of any services not provided by us directly (including, without limitation, warehousing services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.

2. Description of Services

2.1. For the purpose of these Terms of Service, “Services“ shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content“), and (c) Shipment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.

3. Prohibited products

3.1. The following are the types of products that, you are prohibited to ship through OTO ECOM:

Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:

Live plants and animals;
Alcoholic beverages;
Ammunition & firearms;
Tobacco;
Firearms and any kind of weapon;
Prescription pharmaceuticals or other dangerous drugs;
Explosive or hazardous products;
Counterfeit items;
Unique or one-of-a-kind materials; and
Precious metals in the forms of bullion or reserves.

3.2. OTO ECOM shall not be liable for any loss, damage, destruction of such prohibited product.

3.3. In order to maintain the integrity of OTO ECOM Services and reputation, OTO ECOM will report any activities pertaining to shipping prohibited items to relevant law enforcement authorities and shipping partners, and your account will be suspended.

4. General Conditions/ Access and Use of the Services,

Your use should conform to the conditions any violations or breach gives the right for OTO ECOM to suspend and delete your account

4.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles and interests in and to the Services and its components will remain with and belong exclusively to OTO ECOM. You shall not(a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without written consent of OTO ECOM; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices OTO ECOM provides you or publishes in connection with the Services, and you shall promptly notify OTO ECOM if you learn of a security breach related to the Services.

4.2. You may not tender for shipment any of the prohibited items listed under the Clause 3.1. You grant any authorized third parties the right to inspect your Shipment at any time. They reserve the right to reject or suspend the carriage of any item.

4.3. You will not use the Services to (or assist another person to):

upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right toupload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of OTO ECOM, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose OTO ECOM or its users to any harm or liability of any type;
interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

4.4. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content“). OTO ECOM reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant OTO ECOM a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services and to improve OTO ECOM’s products and Services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. OTO ECOM has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose Your Content if required to do so by law or any legal entity or government agency or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of OTO ECOM, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that OTO ECOM may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

4.5. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to OTO ECOM’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. OTO ECOM will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

4.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet Services (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in OTO ECOM’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

4.7. The failure of OTO ECOM to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and OTO ECOM, even though it is electronic and is not physically signed by you and OTO ECOM, and it governs your use of the Services and takes the place of any prior agreements between you and OTO ECOM.

4.8. Subject to the Terms of Service hereof, OTO ECOM may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. OTO ECOM might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general any time OTO ECOM consider it needed to carry on its Services.

4.9. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall cancel the shipment and recreate it again with changed information. In the event that the Shipment has already been handed over to any shipping company, courier, or mail service (“Courier“), such changes may not become effective, or the Courier may ask a fee to validate the change.

4.10 Eligibility. To be eligible to use OTO ECOM Services under this Agreement, you must be of a legal age not younger than 18 years old, (legally considered an Adult according to your country governing laws) and have the knowledge and skill to subscribe and manage your OTO ECOM account. In case you are a corporation you should have the legal capacity and licenses to perform commercial activities using OTO ECOM.

4.11 You agree that in case of violation of eligibility, you will be fully liable against the users and/ or others. OTO ECOM is not liable legal or otherwise nor responsible with the dealings between the users and consumers/ clients or others. In case of violation OTO ECOM reserves its right to hold you legally responsible and claim damages and losses from such violation, and any damage to OTO ECOM goodwill and reputation towards, merchants, clients, users, and others.

4.12 You may not access or use the Website if you are a competitor of ours or if we have previously banned you from the Website or closed your account

5. Account

5.1. In order to create an account with OTO ECOM, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information“) and will promptly update such Registration Information as necessary. Access to, and use of, the OTO ECOM Account is restricted to authorized users only.

5.2. You agree not to share your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the account(s). You agree to notify OTO ECOM immediately of any unauthorized use of your account. OTO ECOM shall not be liable for any unauthorized use of your account.

6. Payment of Fees

6.1. Fees

You can use OTO ECOM to generate shipping labels using your own shipping courier accounts (“Your Courier Account“ or “User Courier Account“)

OTO ECOM services are a prepaid service available only by charging your account with credits (“Credit Fees“). In the event you create an account, you agree to pay the corresponding Credit Fees.

6.2. Account Balance

You must keep at least one valid payment method (“Authorized Payment Method“) on file with us to charge your account with credits by paying Credit Fees and to add credits to your OTO ECOM Account (“Account Balance“). Upon successfully delivering an order via a Courier of a generated shipping label using OTO ECOM, a credit will be deducted from your Account Balance.

Credit Fees are paid in advance (each such date, a “Billing Date“). Fees will appear on an invoice, which will be sent to the User via the email provided.

Credit Fees are billed at the moment of charging your OTO ECOM Account, therefore the Services shall be considered as “pre-paid“. OTO ECOM reserves its right to change the Credit Fees at any time and you are obligated and responsible to periodically check and review for changes.

Users must have credits in the Account Balance in the OTO ECOM Account at all times. In the event that the Account Balance becomes zero, you will not be able to use your account, the Services nor generate shipping labels.

6.3. Currency fluctuations and exchange rates

OTO ECOM reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.

OTO ECOM will indicate which currency a transaction is being billed for, but OTO ECOM is not responsible for any fee or currency exchange rates charged to you by any third party payment provider.

6.4. Credits Fee Disputes

In the event that you disagree with any Credit Fees charged to your account, you shall submit such complaint to OTO ECOM within thirty (30) days of the fee being charged (“Dispute Period“) OTO ECOM will inform you of its decision which will be final and binding. OTO ECOM will not review customer requests for Credits Fees adjustments that are received after the Dispute Period.

6.5. Taxes

You acknowledge and agree that all fees, charges and any other rates or amounts charged by OTO ECOM to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes“) which may be levied in connection with the supply by OTO ECOM of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Credits Fees or other amounts charged by OTO ECOM to you.

6.6. Others

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of OTO ECOM Services. To the extent that OTO ECOM charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged Taxes by OTO ECOM, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

For the avoidance of doubt, all sums payable by you to OTO ECOM under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by OTO ECOM to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. OTO ECOM shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method disregarding any such deduction or withholding that may be required.

7. Intellectual Property

7.1. OTO ECOM Property

For purposes of this Agreement, “OTO ECOM Property“ shall mean (a) OTO ECOM’s methodology for the provision of Services; (b) the Developer Tools; and (c) OTO ECOM’s ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. OTO ECOM hereby retains all worldwide right, title and interest in and to the OTO ECOM Property. Any rights not expressly granted herein to the OTO ECOM Property shall be retained by OTO ECOM. You acknowledge that all right, title and interest to the OTO ECOM Property is owned by OTO ECOM. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the OTO ECOM content are retained by us.

7.2. Additional Restrictions

Other than as permitted herein, you shall not (and you shall not permit others to) subject to liability and Indemnity in addition to account deactivation, directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the OTO ECOM Property, or otherwise attempt to discern the functioning or operation of the Website or Services; or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of OTO ECOM and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by OTO ECOM through our merchant Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to tryoto.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to OTO ECOM or the Services, or display them in any manner that implies OTO ECOM’s sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper or other automated means to access the OTO ECOM Website or Services for any purpose without OTO ECOM’s express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures OTO ECOM may use to prevent or restrict access to the OTO ECOM Website or the Services.

7.3. Client Property

All materials provided by you under any shall be deemed “Client Property“ for purposes of the Agreement. You hereby grant to OTO ECOM a non-exclusive license to the Client Property solely as needed to provide the Services. No other licenses, express or implied, under any intellectual property rights are granted by you to OTO ECOM under these Terms of Service.

8. Confidential Information

8.1. Definition

Each party (“Recipient“) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of Service and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party (“Discloser“) that is marked, labelled or otherwise designated as confidential or proprietary, or that Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.

8.2. Exclusion

Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by Recipient without restriction from a third party, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser’s Confidential Information, or (f) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.

8.3. Non-transactional Confidential Information

Other than transaction information absolutely required for OTO ECOM to provide, or for you to use the Services, OTO ECOM does not require nor desire any of your proprietary information (“Non-transactional Confidential Information“). You agree not to provide OTO ECOM with any Non-transactional Confidential Information including, but not limited to, prototypes of new products, without OTO ECOM’s express prior written consent. In the event that you send such Non-transactional Confidential Information to OTO ECOM without OTO ECOM’s prior written consent, then OTO ECOM shall not be obligated to treat such information as Confidential Information.

8.4. Standard of Care

Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach or threatened breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.

8.5. Return or Destruction

Other than transactional information that is retained in the ordinary course of OTO ECOM’s business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of electronic written request from the other party.

8.6. Aggregate Use

Subject to the Terms of Service herein, you hereby acknowledge and agree that OTO ECOM may compile aggregate results from all of, or a selection of your use of the Services, provided that OTO ECOM shall not disclose any information that would individually identify you (“Aggregate Information“). Such Aggregate Information shall be deemed to be OTO ECOM’s Confidential Information. You also hereby agree that OTO ECOM may review and use your individual use of the Services in order to provide Services to you, to evaluate OTO ECOM’s provision of the Services, and to improve OTO ECOM’s Services offerings.

8.7. Privacy Policy

OTO ECOM believes in protecting your privacy. Any information you provide to us or input on the Website as set out above will be used in accordance with our privacy policy found in this page (www.tryoto.com/legal/privacy) (“Privacy Policy“). We do not sell, rent, or otherwise disclose your Confidential Information to a third party, without your consent or as permitted by the Privacy Policy.

9. Indemnification

You agree to indemnify and to hold harmless OTO ECOM, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms of Service. Upon requesting for our Service, you agree to indemnify and hold harmless OTO ECOM from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not OTO ECOM accepts such order.

10. Disclaimers

10.1. As Is "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS,

OTO ECOM endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an “as is“ and “as available“ basis. OTO ECOM and OTO ECOM’s suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the services, the Website and any third party services. The use of the Services, Website, or third party services shall be at your own risk.

OTO ECOM may not monitor, control, or vet user content. as such, your use of the site is at your own discretion and risk. OTO ECOM makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. accordingly, OTO is not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability, or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.

OTO ECOM makes no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. accordingly, OTO is not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.

OTO ECOM expressly disclaim all warranties, whether express or implied, including warranties as to the services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. no oral or written information or advice provided to you by a representative of one of OTO entities shall create a representation or warranty.

your sole and exclusive right and remedy in case of dissatisfaction with the website, related services, or any other grievance shall be your termination and discontinuation of access to or use of the site.

OTO ECOM disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.

10.2. No Continuous Access

OTO ECOM does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. OTO ECOM will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but OTO ECOM makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays caused by third parties. OTO ECOM is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any of the Website’s features, at any time with or without notice to you.

10.3. Others

You understand that OTO ECOM does not inspect your goods nor does OTO ECOM take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that OTO ECOM is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through OTO ECOM.

11. Limitation of Liability

11.1. Third-Party Liability

By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.

11.2. Waiver of Consequential Damages and Limitation of Liability

In no event shall OTO ECOM be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall OTO ECOM’s liability under this agreement exceed the monies paid or payable by you to OTO ECOM for the applicable services excluding carrier fees or other third party fees (“damages cap“). In the event of an unauthorized transaction by an OTO ECOM employee or agent, OTO ECOM is only liable for the damages cap. OTO ECOM must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from OTO ECOM.

11.3. Declaration and Accurate Information

You are responsible to provide complete and accurate information in respect of the Shipment, including, but not limited to, the item category and item value of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify OTO ECOM for and hold OTO ECOM harmless from any loss or expense resulting as a consequence of the wrong information provided by you. OTO ECOM shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, OTO ECOM is in no way responsible for any damages, losses due to custom practice. OTO ECOM shall not be liable for the accuracy and truthfulness of the

11.4. Customs

OTO ECOM shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, OTO ECOM shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.

11.5. Service provided by Courier

OTO ECOM is a technology platform that connects shippers and couriers. In no circumstances will OTO ECOM be liable for any Services or information provided by any Courier, neither in the case of shipments generated using a User Courier accounts. Under no circumstances OTO ECOM will be held responsible or liable for any damage, destruction, loss, late delivery of Shipment, failures in handling in shipments to couriers, failed or late shipment collection by Courier, or any issues with tracking updates, for any Courier, also OTO ECOM is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). OTO ECOM is not liable for the delivery time information shown on the Website.

For User Courier Accounts, OTO ECOM is not responsible for the accuracy or validity of any Fees, and the User is responsible to deliver the shipments to the Courier. Further to the above, OTO ECOM connects warehouse service providers with potential clients. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.

11.6. Other

OTO ECOM is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on OTO ECOM. OTO ECOM is not liable for any delay in the generation of shipping documents.

11.7. User Courier Account

User is responsible to provide accurate and truthful information for the User Courier Account that the user wishes to use with OTO ECOM. The User also acknowledge and certify to be the rightful owner of the User Courier Account. OTO ECOM is not liable nor responsible for failures in connecting a User Courier Account, failures in generating shipping labels or any other shipping documents, inaccuracies in tracking information, discrepancies between any shipping costs or fees shown by OTO ECOM and billed by Courier, generating any inaccurate Fees, or any other fees billed by Courier to the owner of the User Courier Accounts, or displayed on OTO ECOM.

12. Termination

You have the right to terminate your account at any time by deactivating your Account. Subject to earlier termination as provided below, OTO ECOM may deactivate and cancel your account and these Terms of Service at any time by providing ten (10) days prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, OTO ECOM may also terminate these Terms of Service upon ten (10) days’ notice (or five (5) days in the case of non-payment), if you breach any of the Terms of Service or conditions of these Terms of Service. Also, OTO ECOM reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, OTO ECOM may store all of Your Content on the Services (if any), or it may be permanently deleted by OTO ECOM, in its sole discretion.

13. Disputes

Please note, while disagreements sometimes arise, OTO ECOM wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution, you can send an email to support@tryoto.com. If you feel an escalation is merited, please email support@tryoto.com regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.

14. Governing Law and Venue

These Terms of Service shall be governed by the laws of Delaware, the United States of America. By using our Services, you agree to submit to the exclusive jurisdiction of the Delaware Court.

15. General Provisions

15.1. Severability

If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their Terms of Service.

15.2. No Waiver

Failure or delay of OTO ECOM to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.

15.3. Notices to You

You agree that OTO ECOM may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you login to your account, or mailing it to the street address listed in your account. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is posted to our Website or emailed to the email address listed in your account. If the notice is sent by mail, we will consider it to have been read and understood by you within 24 hours of the time it is delivered. OTO ECOM reserves the right to terminate your account if you withdraw your consent to receive electronic communications.

15.4. Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without OTO ECOM’s prior written consent and any attempted assignment without that consent will be void. OTO ECOM reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service shall be binding on and inure to the benefit of the parties’ successors and assigns.

15.5. Attorneys’ Fees and Costs

OTO ECOM shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms of Service.

15.6. Force Majeure

OTO ECOM shall not be liable for any delays or inability to perform the Services caused by acts beyond OTO ECOM’s control including, without limitation, acts of God or acts of third-party Service providers, including, but not limited to, carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, power outage, network failure or any reason beyond OTO ECOM’s control, or because of loss or destruction of goods for which OTO ECOM is not liable, or because of any other excuse provided by law, OTO ECOM shall not be liable for failure to carry out such instructions. OTO Referral Program The OTO Referral Program (“Refer and Earn”) is created to reward you, our loyal Customers, (“you,” “Partner,” “Referrer,” “Participant”) for recommending us to your peers who sign on to be OTO customers (“Referred,” “Participant”). It is also created to reward these new customers by offering them a reward for signing up at your referral. These terms (“Terms and Conditions”) are a binding agreement between you and OTO Global Inc. and will govern your participation in the Referral Program. You are not authorized to participate in the Program if you do not agree to these Terms and Conditions in their entirety. OTO reserves the right to modify these Terms and Conditions at any time, at its sole discretion, and without notice to you. OTO may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. OTO also reserves the right to disqualify any customers or prospective customers at any time from participation in the Program. Qualified Referrals. For a Qualified Referral to occur: The Referrer must be subscribed to OTO platform in order to benefit from the Program; The Referrer must refer OTO through the referral link provided for this referral purpose with a person, the Referred; The Referred must then subscribe and open an account on OTO platform using such referral link (this is how we track referrals back to you); The Referred must be a new subscriber with a unique email address and phone number such information is verified by sending an OTP code (One Time Password) to the phone number; and, The Referred must order three shipments on OTO Platform. The Rewards. As a Referrer, you will be offered 75 SAR credits for each Qualified Referral. As a Referred, you will be offered 25 SAR credit upon signing up on OTO platform and you will be allowed to use such credit on any shipping option. The free credits offered to the Referrer and the Referred are valid for 30 days. Eligibility. To be eligible for participation in the Program, the Referred must remain signed up on OTO platform for at least twelve months. OTO reserves the right to find ineligible any Participant in the Program at its sole discretion. Conduct. OTO reserves the right, at its sole discretion, to prohibit any Participant from participating in any aspect of the Program if OTO deems or suspects that such Participant has engaged in or has attempted to engage in any of the following: a) acting in violation of these Terms and Conditions; b) damaging, tampering with or corrupting the operation of the Program or OTO platform; c) activity deemed in OTO’s sole discretion to be generally inconsistent with the intended operation of the Program. OTO shall be the sole determiner in cases of suspected abuse, fraud, or breach (or intent) of these Terms and Conditions of these Terms and Conditions. Advertising Restrictions. Using the OTO logo for paid online or offline advertising is strictly prohibited. Any violation of this provision may result in the immediate termination of the Participant in the Program and forfeiture of the Participant’s earned credits. Binding Effects. By participating in the Program, you agree to and are bound by the Terms and Conditions. If you do not wish to agree to and abide by the Terms and Conditions in their entirety, you are not authorized to participate in the Program. Release. By participating in the Program, Participants release OTO its parent company, and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program Rewards. Indemnification. Participants agree to indemnify, defend, and hold OTO and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Participant of any of these Terms and Conditions or any violation by Participant of applicable law. Reserved Right. OTO reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way. Disclaimer of Warranties. PARTICIPANTS AND PROSPECTIVE PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE". BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) OTO MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. General Terms. These Terms and Conditions constitute the entire agreement between the Participants and OTO concerning Participants’ use of the Program. The failure of OTO to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Term. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement.