Conditions of Use for the Otineo Services
Relations between the user and the Otineo company
The use by the User of the products, software, services and Internet pages of Otineo (which, in addition to the contents of the present document, shall be known as, ‘the Services’) takes place within the terms of the legal agreement between the User and the Otineo company. The term, ‘Otineo company’ shall be understood as Otineo Limited company with its headquarters in London at this address 12 Plumtree Court, EC4A 4HT London, UK. The present document contains a description of the legal agreement and of some of its clauses.
The conditions of the agreement between the User and the Otineo company shall be the conditions and principles set out in this document unless these are changed by the parties in writing. These conditions and principles shall be referred to throughout the present document as ‘Conditions of Use’.
Please read the following Conditions of Use carefully because they contain important information about the rights and responsibilities of users along with restrictions, exceptions and the principles for the resolution of disputes.
The agreement between the user and the Otineo company shall also cover possible supplementary Conditions of Use, which will be made available to add detail to the Conditions of Use. These shall be referred to throughout this document as ‘Supplementary Conditions’. Where there are Supplementary Conditions of Use of the Services, the user may gain access to the Services before beginning to use them, gain access within the framework of the services or gain access while using them.
The Conditions of Use and the Supplementary Conditions constitute the legally binding agreement between the user and the Otineo company in the matter of the use by the User of the services. Users are encouraged to familiarize themselves with their contents. The present document shall refer to the agreement from this point onwards as the ‘Conditions of Use’.
Where there are differences in content between the Supplementary Conditions and the Conditions of Use, for the requirements of the Services, the former shall be binding.
The acceptance of the Conditions of Use
To use the Services, the User first has to accept the Conditions of Use. The User may not use the Services without accepting the Conditions of Use.
The User may accept the Conditions of Use in the following ways:
(A) By ticking the square in the registration form next to the sentence, ‘I accept the Conditions of Use’ or next to the sentence, ‘I agree with the Conditions of Use’.
(B) By the actual use of the Services or even by viewing the pages of the Services. In this case, the User understands that the Otineo company shall regard the use of the Services as tantamount to accepting the Conditions of Use from the moment that use began and that this is tantamount to the User expressing agreement with the Conditions of Use.
The User may use the Services and accept the Conditions of Use if (a) the User possesses the legal capacity to sign a binding agreement with the Otineo company, (b) the User is free to use the Services in accordance with the law of the country he/she resides in or is using the service from, (c) any registration, use or access to the service or page by Users who do not meet the conditions set out above in (a) and (b) is unacceptable, contravenes the license and is a breach of the Conditions of Use.
(C) The User declares that he/she has read, understood and agrees to abide by the Conditions of Use whether he/she is a registered user of the Otineo service or not.
(D) The Users agree (a) to provide exact, current and full information about themselves, (b) to take due care to protect their passwords and personal data, (c) to maintain and immediately update registration data and provide other information to the Otineo company that is exact, current and complete and (d) to be completely responsible for all use of the account and for all actions that take place through the use of the account.
Before starting to use the Services, the User should print one copy of the Conditions of Use.
The language of the conditions
The User acknowledges that any translation of the Conditions of Use from English is for information only and that the legal relationship between the User and the Otineo company is regulated by the English version of the Conditions of Use.
Where there are differences between the English version of the Conditions of Use and its translations, the Conditions of Use in English shall take precedence and shall be binding.
The provision of the service by the Otineo company
The Otineo company cooperates with various entities on the territory of the European Union (‘Cooperating Entities’). In some cases these entities will provide Services to Users on behalf of the Otineo company. The User understands that the cooperating entities have the right to provide Services to users and agrees to this.
The Otineo company shall continuously introduce improvements to ensure that Users have the best possible services. The User acknowledges and agrees that the form and character of the Services provided by the Otineo company shall be subject to periodical change without the necessity to give prior notice to the User.
The User acknowledges and agrees that – within the context of the continuous improvements – the Otineo company may cease (temporarily or permanently) to provide the Services (or any element of the Services whatever) to a User or to all Users as it sees fit without the necessity of giving the User notice of that cessation of services. The User may cease to use the services at any time and is under no obligation to inform the Otineo company when doing so.
The User acknowledges and agrees that where the Otineo company blocks a user account he/she may not use the Services and will not have access to the details of his account, to documents or to other content on the user account.
The User acknowledges and agrees that though the Otineo company has set no limits either to the transmission of data by Users via the service or to the storage of data for any of the Services, it may introduce such limits at any time it sees fit.
The use of the Services by the User
To access certain of the Services it may be essential to provide certain information about Users (such as identification or contact details) when registering for services or to ensure continuity of service use. The User undertakes to provide the Otineo company with only precise, correct and current data for the purposes of registration.
The User agrees to use the Services only for aims that are permitted in accordance with (a) the Conditions of Use and (b) with the applicable Law, regulations, generally accepted practices and guidelines.
The User undertakes not to acquire or attempt to acquire access to the Services using any other means than the interface made available by the Otineo company except where he/she has obtained written permission for such access from the Otineo company.
The User agrees to take no action whatsoever that would interfere with the functioning of the Services, that would cause those services to be interrupted, that would have a detrimental effect on the work of the servers and the networks connected with the Services or that would interrupt their functioning.
The User undertakes not to use the Otineo Service in the following ways:
• To acquire or collect the e-mail addresses or other contact data of other users of the overall service or of the Services by electronic means or in other ways for aims connected with the sending of unwanted e-mails or other forms of undesirable communication
• In a way that is against the law or in a way that may damage, halt, overload or damage the service or page.
• To run automatic scripts with the aim of gathering information or to affect in any way the services, service or Internet page.
• For the registration of more than one user account, for the registration of a user account in a name other than your own or for the registration of a user account in the name of any group or entity whatsoever
• Adding, placing, or making accessible any material containing computer viruses or other strings of code, and adding, placing, or making accessible files and programs designed to interfere with, damage or limit the functionality of any computer programs, hardware or telecommunications equipment.
• By pretending to be another person or entity or propagating falsehoods or by giving a misleading impression of yourself, your age or your connection with any person or entity whatsoever
• To frighten or torment others
• By using or attempting to use another account, service or system without permission from the Otineo company or by creating a false identity in any of the services or on the service as a whole.
The User agrees not to multiply, duplicate, copy, sell, distribute or resell the services for any purpose whatsoever without the special, written agreement of the Otineo company expressed in a separate contract.
The User acknowledges that he/she bears sole responsibility (the Otineo company shall have no responsibility with respect to the user or to any third party) for breaches of the duties Users have with respect to the Conditions of Use and for any consequences, such as loss and damage suffered by the Otineo company, of such breaches.
Passwords and the security of User accounts
The User acknowledges that he/she is responsible for keeping the passwords to the user accounts used to gain access to the service secret.
With regard to the above, the User shall bear sole responsibility with respect to the Otineo company for actions executed via his account.
The User shall inform the Otineo company immediately at https://www.otineo.com/pl/app/customerContact of any cases of which he is aware of unauthorized use of a User account or password.
User privacy and personal data
Information concerning the data protection practices applied by Otineo is available at http://www.otineo.com/pl/app/public/privacy, where the Privacy Policy of the Otinea company is set out. Its contents details how the Otinea company treats users’ personal data and protects their privacy when they are using the Services.
Users agree to the use of their data in accordance with the Otineo company’s Privacy Policy.
The Content of the Services
The User understands that sole responsibility for all information, such as data files, texts, software, music, audio files and other sounds, images, video files and other pictures he/she has access to from or via the service shall be taken by the person who originated the content. This information shall be referred to as the ‘Content’ in the remaining sections of the present agreement.
The User should be aware that the Contents presented to him as part of the Services, including content accessible on the web pages and available within the terms of the overall Service, including designs, patterns, text, graphics, images, photographs, pictures, applications, software, music, sound, and other files and advertisements contained in the sponsored Services and Contents may be protected by the intellectual property rights enjoyed by sponsors or advertisers who provide Content to the Otineo company (or to other people or entities operating in their name). The User may not modify Content (in whole or in part) and nor may he lend it free-of-charge for a period of time, lease it, lend it, hire it out, distribute it or create works based on it, except where he obtains the express agreement of the Otineo company or the owners of the content as given in a separate agreement.
The Otineo company reserves the right, which is not however an obligation, to make a prior inspection of all or part of the contents, to consult them, to mark them in a special way, to select them, to modify them, to refuse to publish them on the service or to remove them from the service in whole or in part. The Otineo company may make tools available to some of the services that block content that is clearly erotic in character. In addition, Users may take advantage of services and software that are available commercially to block or restrict access to content they regard as unacceptable.
The User understands that the use of the Services may expose him/her to Content that he/she may regard as offensive, indecent or unacceptable and that therefore he/she uses the services at his own risk.
The User acknowledges that he/she shall bear sole responsibility (and the Otineo company shall not be responsible to the User or to third parties) for Content created by the User, sent or inserted by him while using the Services and for the consequences of such actions, including loss and damage suffered by the Otineo company.
Property rights
The User acknowledges and agrees that the Otineo company (or the licensors of the Otineo company) are the owners of all rights and titles to the overall service, including the Copyright connected with the Services (without regard to whether the copyrights have been registered or not and in which countries they are binding). The User further acknowledges that within the framework of the Services there may be information designated by the Otineo company as confidential and agrees not to disclose this information without the prior, written agreement of the Otineo company.
The Otineo company has exclusive rights extending to all intellectual property and has the right to the unrestricted dissemination of reports concerning any and all questions, commentaries, suggestions, ideas or other information about the overall service for whatever reason – commercial or otherwise – with no requirement to inform or compensate the User.
Where the User has not established this in writing with the Otineo company, the provisions of the present Conditions of Use shall not constitute grounds for assigning the user the right to use trade names, trade marks, service marks, logos, domain names and other unique identifiers of the Otineo company.
Where the User has clearly been assigned the right to use these unique identifiers on the basis of a separate agreement concluded in writing with the Otineo company, the User undertakes to use these unique identifiers in accordance with the provisions of that agreement, the appropriate provisions of the Conditions of Use and the periodically updated guidelines of the Otineo company where these indicate how to proceed with brand features.
The User undertakes not to delete, obscure or alter information on the subject of property rights (including information on copyright and brand names) that could be visible on the Services or constitute a part of them.
Unless the User has received written permission from the Otineo company, he/she agrees that when using the Services she will not use the brand names, service marks, trade names or logos of any company or organization that could, or are intended to, mislead readers with regard to the ownership or legitimate use of these marks, names or logos.
The Otineo company license
The Otineo company gives Users a personal, non-exclusive, non-transferable, free-of-charge, worldwide license to use the software (referred to as the ‘Software’ from this point in the document) provided to Users by the Otineo company within the framework of the Services provided to Users by the Otineo company. The license is granted with the exclusive purpose of enabling Users to derive benefit from the Services provided by the Otineo company in the manner specified in the Conditions of Use.
Except where this is clearly required by law or where the Otineo company has given the User written permission, Users may not take the following actions nor allow any other person to do so: copying, modification, the creation of derivative works, the application of reverse-engineering techniques, decompilation or attempting to find the source code of the Software or its parts in another way.
The User may not transfer the rights to use the Software, grant sublicenses to it or extend securities or guarantees whose subject is the right to use the software. Further, the User may not perform any other kind of disposal or transfer of any part of the rights to use the Software except where the Otineo company gives written permission to do so.
The User may not transmit or publish the contents of the pages of the overall service in any way nor use the Contents of these pages without the express, written permission of the Otineo company.
Software updates
The Software the Users use can automatically access updates from the Otineo company and install them. The updates are aimed at improving, modernizing and developing the Services and may take the form of programs that repair defects, enhance functions and add new software modules or entirely new versions. The User agrees to receive these updates (and agrees to the Otineo company sending them) as part of using the Service.
Termination of the relationship between the User and the Otineo company
The Conditions of Use shall apply until they are revoked by either the User or the Otineo company in accordance with the principles set out below.
If it is the User’s wish to terminate the agreement with Otineo, he may do this by (a) informing Otineo at any time or (b) closing all the accounts in all the Services he uses – provided Otineo has made this possibility available to the User. The User should send notification in writing to the address for Otineo given at the head of this document.
A new set up of the account,which was closed on user request, for the telephone number, that was earlier used in order to register the account, is possible in 180 days after the request is received,on user written request.
Otineo may terminate the agreement with the User at any time if:
(A) The User breaches the provisions of the Conditions of Use as set out in the present document or acts in such a way as to suggest that he is incapable of conforming to the provisions of the Conditions of Use.
(B) Otineo is obliged by law to terminate the agreement (e.g., where providing the Services to Users is against the law)
(C) An entity with which Otineo is cooperating to provide Services ceases to work with Otineo or ceases to offer the Services to the User.
(D) Otineo ceases to provide the Services to Users in the country the User lives in or from which the User uses the Services.
(E) Where it is the opinion of the Otineo company that providing the Services to the User is no longer profitable.
Otineo may terminate the agreement with the User at any time without giving any reasons and with no obligation to inform the User.
None of the provisions of the present section of the document have an influence on the rights of Otineo in providing the Services according to the contents of ‘The Provision of the Services by the Otineo company’ in the Conditions of Use.
The expiry of the present Conditions of Use shall have no influence on the statutory rights, legal responsibilities or legal liabilities of the User and the Otineo company (nor on the legal rights, responsibilities and liabilities arising from the period when the Conditions of Use were valid), or on the statutory rights, legal responsibilities or legal liabilities that are to be binding indefinitely. The provisions concerning the English and Wales jurisdiction shall apply indefinitely to all of the rights, responsibilities and liabilities referred to in the present paragraph.
Exclusion of guarantee
The Services are provided ‘as they are’, without guarantee, and the Otineo company, the cooperating entities and the licencors of the Otineo company make no guarantees whatever for the Services.
In particular, Otineo, the cooperating entities and the licensors of the Otineo company neither declares nor guarantees to the Users that:
(A) The use of the Services by the User will meet his requirements.
(B) The User will be able to use the Services without interruption, without errors, securely and on time.
(C) The information obtained by the Users as a result of using the Services will be precise and reliable.
(D) That defects in the operation or functionality of the software provided to the User as part of the Services will be repaired.
(E) That the Contents and the material on the pages, and the services and the software, are accurate, complete, reliable, current and error free or that the page, the server supporting the overall service and the software are free from viruses or other harmful elements.
Except where the Conditions of Use clearly state otherwise, no other conditions, guarantees or provisions shall be applied to the Services, including implied conditions concerning satisfactory quality, fitness for purpose and consistency with description.
The provisions of the present Conditions of Use shall have no effect on the User’s statutory rights as a consumer, which the User can neither change nor renounce on the grounds of the agreement.
Limitation of Liability
The provisions of the present Conditions of Use shall not form grounds for the exclusion of the Otineo company from liability for losses or from limited liability for losses where the currently binding law states otherwise.
Without prejudice to the provisions contained in the previous sentence, the Otineo company, the Cooperating Entities and the licensors of the Otineo company shall have no responsibility to the User in respect of the following:
(A) All direct, indirect or incidental losses that the User may suffer. These losses include loss of profits (directly or indirectly), an enterprise’s loss of reputation or the loss of data by the User.
(B) All losses or damages that the User may suffer as a result of (the Otineo company, the Cooperating Entities and the licensors of the Otineo company shall not bear responsibility in respect of the User even when the Otineo company is aware or has been warned of the possibility that such losses or damages may transpire):
(i) Actions taken by the user based on the conviction that an advertisement is complete and exact, or taken as a result of relationships or transactions between the User and an advertiser or sponsor whose advertisement has been placed on the service.
(ii) Changes which the Otineo company may introduce to the Services or sustained or temporary cessations of the provision of the Services (or of any part of the Services)
(iii) The deletion, damage or failure to record or store the Contents or other data stored or sent by the User as part of the use of the Services
(iv) Failure to send the Otineo company precise information about the account.
(v) Failure on the part of the User to keep passwords and other details concerning the account secret and secure.
(C) The occurrence of any mistakes, oversights, interruptions, deletions, defects, delays in action or transmission, damage to communication lines, theft, damage, unauthorized access or changes of telecommunications operator that are the responsibility of the User.
(D) Technical unserviceability or other problems with the network or with telephone services, computer systems, servers or providers, computer or cell phone equipment, software, and breakdowns or failures of e-mail accounts.
(E) The Injury to, or the death of, the User that is the result of someone’s use of the Otineo pages or overall service.
The user agrees that the Otineo company, its subsidiary and associate companies, its directors, the members of its Management Board, its agents, partners and employees are relieved of any responsibility whatsoever for any losses suffered by the User. The User may not demand the repair of damage, the refund of costs and expenses (including lawyers’ fees) arising from the use of the overall service, the software, or of the Contents made available via the overall service, the Services or the pages. The User shall be responsible for his own conduct when using the overall service or pages as well as for any breach of the agreement or of the rights of third parties.
The limited liability of the Otineo company with respect to the User which is set out beneath the title, ‘Limitation of Liability’ shall be applied without regard to whether the Otineo company has been forewarned of the possibility that such losses will occur or to whether the company should have expected such losses to occur.
Copyright and trade marks
It is the policy of the Otineo company to react when it is informed of suspected breaches of copyright which fulfill the conditions set out in international intellectual property law (including the Digital Millennium Copyright Act binding in the USA) and to close accounts opened by those who commit serial breaches. As it sees fit, the Otineo company may also limit the access to pages and to the overall service of Users who in any way commit breaches of any intellectual property belonging to others. The Otineo company shall do this whether the breach concerned is the first or part of a series of breaches. Otineo and other company graphics, logos, templates, icon buttons, scripts and names of services have been registered as trade marks of the Otineo company in the countries of the European Union and/or other countries. The company’s brands as well as their component parts and the component parts of domain names may not be used together with other products or services in a way which may mislead and may not be copied, imitated or used in whole or in part without the prior written agreement of the Otineo company.
Advertisements
Some of the Services are financed by advertising, which means that advertising material and promotional offers will be present on the Services. The advertisements may be connected with the informational contents of the Services, with questions that are directed via the Services or with other information.
The method, mode, type and number of advertisements placed by the Otineo company on the services may be changed without informing the User.
In exchange for the Otineo company ensuring that the User has access to the Services and the right to use them, the User shall agree to the placing of advertising on the Services.
Other content
Hyperlinks to other Internet pages, content or resources may be placed on the Services. The Otineo company may have no influence on the Internet pages or resources originating from companies or people other than the Otineo company.
The User acknowledges and agrees that the Otineo company shall bear no responsibility for the accessibility of these third-party pages or resources and does not sponsor products or other materials available via these Internet pages or resources.
The User acknowledges and agrees that the Otineo company shall bear no responsibility for loss or damage the User may suffer as a result of the provision of access to these external pages or resources or as a result of actions taken by the User under the conviction that an advertisement, product or other material that is part of those Internet pages or resources, or that can be reached via these pages and resources, is complete, accurate or exists. If the User decides to leave the Otineo overall service by using a hyperlink and going to pages belonging to other entities, or decides to use or install an application or software, or consult the contents, of other entities, he/she does so at his own risk and should be aware that our Conditions of Use no longer apply in this case. The User should consult the data and privacy protection material that details the practice in this respect of any page to which he is conducted to from the Otineo service or from applications connected with the service that he uses or installs with the assistance of the Otineo service. Where links to a variety of products, services, processes or other information feature the Otineo company name, brand name, producer, supplier or other they do not represent or suggest that the Otineo company supports them, sponsors them, recommends them or is connected with them.
Changes to conditions
The Otineo company may periodically introduce changes to the Conditions of Use and the Supplementary Conditions. After introducing these changes, the Otineo company will publish new versions of the Conditions of Use at http://otineo.com/pl/app/public/terms, while new versions of the Supplementary Conditions will be available to Users via the Services or as part of the Services which they concern.
All changes to the Conditions of Use will be recorded on this page and the date of the most recent change to the Conditions of Use will be recorded at the top of that page.
The User acknowledges and accepts that use of the Services by the User after the date of the changes to the Conditions of Use and the Supplementary Conditions is tantamount to expressing agreement to the new versions of the Conditions of Use and the Supplementary Conditions.
Where Users do not agree to the current or possible future versions of the Conditions of Use, they should cease to use the service and pages. It is the duty of the User to regularly check the Conditions of Use in order to be familiar with any updates.
General legal conditions
While using the Services – or via their use – the User may take advantage of the various telecommunications services, download software or obtain access to services provided by other people or companies. The use by the User of these other services, other software or of access to services provided by other people or companies may be subject to separate conditions agreed upon between the User and the company or person concerned. In this case, the Conditions of Use shall have no influence on the legal relationship between the User and company or person.
The Conditions of Use constitute the entirety of the agreement between the User and the Otineo company and regulate the use of the Services by the User (with the exception of the services that the Otineo company may render to the User within the terms of separate, written agreements) and completely supersede all earlier agreements between the User and the Otineo company in the matter of the Services.
The User permits the Otineo company to notify him of register to service or of changes to the Conditions of Use by electronic mail or by messages placed on the Services.
The User acknowledges that the Otineo company’s non-execution or failure to pursue any of the rights and legal resources provided for it in the Conditions of Use (or that the Otineo company enjoys under the law as it stands) is not tantamount to the Otineo company resigning these rights or resources, which the Otineo company will continue to enjoy.
Where any court of proper jurisdiction for the matter in question delivers a ruling that any of the provisions of the present Conditions of Use are invalid they shall be removed from the Conditions of Use and shall have no influence on the remaining provisions of the Conditions of Use, which will continue to be valid and executable.
The User acknowledges and agrees that each of the members of the group of companies of which the Otineo company is the dominant entity, or companies of which it is a dependent entity, shall benefit from the Conditions of Use as third parties and that these companies shall be entitled to directly execute the provisions of the Conditions of Use and to take action with reference to the provisions of the Conditions of Use, which form the basis of the rights and authorizations they enjoy. In addition to the entities mentioned in the present paragraph, no other physical or legal person shall be the beneficiary of the Conditions of Use as a third party.
The Conditions of Use and the legal relationship between the User and the Otineo company that arise from the Conditions of Use shall be subject to the English and Wales law. The User and the Otineo company agree that they will submit exclusively to the jurisdiction of English and Wales courts to resolve all legal issues arising from the Conditions of Use. Notwithstanding this, the User acknowledges that the Otineo company shall enjoy the right to act to secure its claims (or to summarily secure an equivalent type of security) in any jurisdiction.
Supplementary conditions: Collection of Otins
Otins
Otins are pre-arranged units used for settling the use of various services within the Otineo service (a pre-arranged “currency” of the Otineo service, which is not a legal means of payment and is not subject to exchange for any other currency).
For the purpose of these or any other Supplementary Conditions, the term “otins” will always refer to the pre-arranged currency units of the Otineo Service.
Collection of otins in the Otineo Account
The users can collect otins once they confirm having watched a sequence of commercials and/or having responded to the questions provided. In order to obtain otins in your Otineo account (“Top up your Otineo Account”) it is necessary to complete the sequence of steps described below:
a) The user must confirm the fact he/she has watched a commercial by clicking at the right moment.
b) If there are questions, the user must respond to all the questions asked in a determined time displayed next to the question or as reasonably quickly as he/she can.
c) If there is a captcha type security, the User must rewrite the contents presented in the picture (it can be a sequence of letters and/or digits), which appears once the User has finished answering the questions.
d) The user must confirm having completed the operation mentioned above by clicking on the “next” tab until the moment they receive a confirmation of their account being topped up.
The number of otins received by the User as part of the operation of topping up may vary and remains unknown to the User until they complete it. The account is topped up with otins.
Other methods for collecting otins in the Otineo account.
There may be other methods for topping up User accounts available in the Otineo service. The rules of these methods are described in the relevant Supplementary Conditions, e.g. I recommend Otineo.
Supplementary conditions: Free computer calls
Using the free computer call service takes place on the basis of rules determined by the Terms and Conditions of Use, the present Supplementary Conditions: Free Computer Calls and other Supplementary Conditions related to the Otineo service.
Free computer calls is a service available as part of the Otineo service, which enables the user to make free calls from their computer to landline numbers and mobile phone numbers of countries listed on the "how many minutes for my otins?" register (for the purposes of those, as well as other Supplementary Conditions, the term “register" will always refer to the “how many minutes for my otins" register.)
The User can use the free computer call service via the Otineo Softphone Internet Telephone (for the purposes of these, as well as other Supplementary Conditions, Otineo Softphone will always refer to the Otineo Softphone Internet Telephone, available for Users as part of the Otineo service) and only on the www.otineo.com website, once the User logs into their Otineo Account.
Otineo Softphone enables making voice connections directly from the User’s computer, solely with the use of the www Internet Explorer browser version 6.0 or higher, to the telephone numbers of countries listed on the Register.
In order to use Otineo Softphone, as part of the service, the user must:
• Install the software prepared and delivered by Otineo for that purpose, available on the website www.otineo.com, according to the instruction published on Otineo service websites.
• Have a sound card and headphones
A detailed description of how to use (make calls) the Internet telephone can be found on the service web pages.
The free computer call service is available as part of the otins limit owned by the User, in the Otineo account assigned to the User's telephone number. The number of otins necessary to carry out a conversation when calling a determined number is the product of the rate quoted on the Register and the number of every initiated minute of the conversation.
After every call made from the Internet telephone, the account balance is reduced by the number of otins, which results from the call duration and the number of otins necessary to make a call according to the Register.
As part of the Free Computer Call service, the user can make voice connections, with the use of the Internet phone until they run out of otins in their account. The user can top up their Otineo account on the basis of rules specified in the Supplementary Conditions "Collection of otins"
The register contains a list of countries and destinations to which calls can be made as part of the Otineo service. This register also contains the number of otins charged for a minute of a call to a certain country or destination. The register is an attachment to the present Free Computer Call Supplementary Conditions and is available for registered Users (those who use the service) on the service website: www.otineo.com.
Supplementary Conditions – Free telephone calls
Using the free telephone calls service takes place according to rules specified in the Terms and Conditions of Use, the present Supplementary Conditions regarding Free Telephone Calls and other Supplementary Conditions related to the Otineo service.
The Free Telephone Calls service is available within the Otineo service, enabling the User to carry out telephone conversations initiated from a telephone registered with the Otineo service, to landline or mobile telephone numbers located in the countries listed on the "How many minutes for my otins?" register. (For the purposes of these as well as other Supplementary Conditions the term ‘Register’ will always refer to the “How many minutes for my otins?” register).
The Free Telephone Calls service is designed for the use of landline and mobile telephones equipped with the active function of Call Line Identification and the function of tone dialing.
The Free Telephone Calls service is available as part of the otins limit owned by the User within their Otineo account assigned to the User’s telephone number from which the call is initiated. The number of otins necessary to carry out a conversation with the number called is the product of the rate listed on the register and every commenced minute of the conversation. The rate on the register depends on the way the call is initiated and the destination number.
After every call made, the account balance is reduced by the number of otins resulting from the duration of the call and the number of otins necessary to make the call according to the Register.
As part of the Free Telephone Calls, the User can make voice connections until they run out of otins in their account.
The User can top up their account on the basis of rules described in the Supplementary Conditions “Collection of otins”.
The "How many minutes for my otins" register contains a list of countries and destinations that it is possible to call from the Otineo service. The register also contains the number of otins per minute while calling a determined country or destination. The register is an attachment to the present Supplementary Conditions – Free telephone calls services and is available to Users registered on the service website: www.otineo.com.
Supplementary Conditions – Free Codes
Using the Free Codes service takes place on the basis of rules specified in the Terms and Conditions of Use, the present Supplementary Conditions – Free Codes and other Supplementary Conditions related to the Otineo Service. For the purpose of these as well as other Supplementary Conditions, the term “Free Codes” will always refer to the codes and services of external suppliers (operators/cooperating entities).
As part of the Otineo service, Users have the possibility to exchange otins accrued on their account for the Free Codes. These codes enable the Otineo Service Users to use various types of services delivered by external suppliers (operators/cooperating entities).
The Free Codes are supplied in the Otineo Service and have their own names (names of the services of a specified operator/cooperating entity) as well as their value (face value) provided in the currency of a determined country (or countries, in which the Otineo Service is available). Every Free Code also has the number of otins equivalent to a certain Code.
Obtaining a Free Code consists of exchanging an appropriate number of otins accrued on the account for a chosen Free Code of a determined nominal value expressed in the currency of a certain country. In order to exchange otins for a Free Code of a determined nominal value, the User should have enough otins in their account to make it possible for them to carry out this exchange. In the event where the number of otins in the User’s account is not sufficient to carry out the exchange for a selected Free Code, the transaction will not be completed. The User can top up their Otineo account on the basis of rules described in the Supplementary Conditions “Collection of otins”.
At the time when the User confirms the fact of having exchanged a number of otins for a selected Free Code, the User’s Otineo account will be charged, (for the purpose of these conditions, as well as other Supplementary Conditions, the term "charge" will always refer to the deduction from the User's Otineo service account resulting from the exchange of otins for services available within Otineo) amounting to the number of otins necessary to make an exchange for a selected Free Code.
The User is obliged to direct all matters related to the functioning of Free Codes and services delivered with the use of these codes by external suppliers (operators of services available with the use of Codes) to the external supplier of a given Service. Otineo does not take any responsibility for the contents and functioning of Free Codes nor any services delivered with the use of those Codes by external suppliers (operators of the services which are available with the use of codes).
Supplementary Conditions – Free Products
Using the Free Products service takes place on the basis of rules specified in the Terms and Conditions of Use, the present Supplementary Conditions - Free Products and other Supplementary Conditions related to the Otineo Service. For the purpose of these as well as other Supplementary Conditions, the term “Free products” will always refer to the products of external suppliers.
As part of the Otineo service, Users have the possibility to exchange otins accrued on their account for the Products. The Products are supplied in the Otineo Service and have their own names as well as their value (face value) provided in the currency of a determined country (or countries, in which the Otineo Service is available). Every Product also has the number of otins equivalent to a certain Service.
Obtaining a Product consists of exchanging an appropriate number of otins accrued on the account for a chosen Product of a determined nominal value expressed in the currency of a certain country. In order to exchange otins for a Product of a determined nominal value, the User should have enough otins in his account to make it possible for him to carry out this exchange. In the event where the number of otins in the User’s account is not sufficient to carry out the exchange for a selected Product, the transaction will not be completed. The User can top up their Otineo account on the basis of rules described in the Supplementary Conditions “Collection of otins”.
At the time when the User confirms the fact of having exchanged a number of otins for a selected Product the User’s Otineo account will be charged (for the purpose of these conditions, as well as other Supplementary Conditions, the term "charge" will always refer to the reduction from the User's Otineo service account resulting from the exchange of otins for products and services available within Otineo) amounting to the number of otins necessary to make an exchange for a selected Product. The User receives a unique PIN code during the exchange of otins for the Product. On working days in 24 hours from the exchange of otins for a chosen Product the Otineo Customer Service Department (BOK) sends an e-mail from sklep@otineo.com e-mail account to a User (on the User’s registered e-mail address in Otineo system) including information about the Product and requesting the User to send the details of the address at which the Product should be sent. After having received the details of the above mentioned address BOK confirms by telephone (on the User’s registered telephone number in Otineo System) the User identity and the correctness of PIN code. When these data are confirmed BOK sends the Product chosen by the User.
The User is obliged to verify the received package at the delivery time whether it was not damaged during the conveyance. In case of any damages of the received parcel the User is obliged to draw up a damage notification signed by a representative of the shipping company. The possible complaint about the delivery will be rejected by Otineo if there is no damage notification.
If the chosen Product is not available at external suppliers the User is given back the number of otins amounting to a determined nominal value of the chosen Product.
All products have solely their producer's warranty. Otineo does not take any responsibility for the contents and functioning of Products. In case when User wants to place a complaint about the received Product under the producer warranty, the User is obliged to send the Product to the address provided by BOK. BOK will deliver the claimed under the producer warranty Product and will inform the User about the results of his claim. After having received back the Product from the warranty service, BOK will send the Product to the User in 3 working days. Otineo does not process the placement of complaints of Products after the producer warranty period is finished.
Supplementary Conditions “I recommend Otineo”
The Supplementary Conditions “I recommend Otineo” specify the rules according to which the Users can increase their account balance by recommending the Otineo Service to their friends, who create and activate an Otineo service account. The User can obtain such increases of the Otineo account balance on the basis of rules determined in the Terms and Conditions of Use, the present Supplementary Conditions “I recommend Otineo” and other Supplementary Conditions related to the Otineo Service.
Whether the User receives additional otins while recommending the service depends on the promotional campaigns conducted by Otineo. The Users will be able to find information on promotional campaigns on the webpages of the Service or obtain it via electronic mail directed to the e-mail addresses provided by them in the service. The number of otins obtained for recommending the Service can vary and can depend on the currently conducted promotional campaigns. At the same time, Otineo can, at all times, make a decision without prior notice, regarding not increasing the account balance of Users for having recommended the Otineo Service to their friends, who then create and activate accounts in the Otineo Service.
The User can recommend Otineo by sending an e-mail directly from his/her own e-mail client and can also make a verbal recommendation. In the event that Otineo conducts a promotional campaign aimed at increasing Users' account balances for having recommended the Otineo Service to their friends, who then create and activate accounts in the Otineo Service, it takes place according to rules determined in the present Supplementary Conditions “I recommend Otineo”.
The User obtains additional otins for having recommended the Service when all the steps listed below are completed:
- the person who obtained the verbal recommendation registers with the Service for the first time and the telephone number they provided is not yet registered in the service
- The person who received the recommendation entered the telephone number of the User they received the recommendation from in the appropriate place on the registration form
- The person who received the recommendation watched required number of adverts. The requirements and limits are available on the webpage https://www.otineo.com/pl/app/recommend.
User (A) can receive an additional top-up amounting to 10 otins for the registration and Otineo account activation carried out by the new User (B), who received the recommendation from User (A).
User (A) can receive an additional top-up amounting to 5 otins for the registration and Otineo account activation carried out by the new User (C), who received the recommendation from User (B) who had registered and activated their Otineo account as a result of the recommendation provided by User (A).
Otineo can introduce any method of awarding bonuses to Users, who recommend the Otineo service. A detailed procedure on how to obtain additional otins is published on the Service webpages.
Supplementary Conditions – free phone calls from any phone
Using the Free Phone Calls from Any Phone service occurs on the basis of rules specified in the Terms and Conditions of Use, the present Supplementary Conditions Free Phone Calls From Any Phone and other Supplementary Conditions related to the Otineo Service.
For the purposes of these as well as other Supplementary Conditions, the phrase ‘phone calls from any phone’ will always refer to phone calls initiated from a phone (a telephone number), which is not registered within the Otineo service (e.g. telephone boxes).
Free phone calls from any phone is a service available within the Otineo offer, which enables the User to carry out telephone conversations initiated from telephones of their choice, which are not registered in the Otineo Service, with landline and mobile telephone numbers of countries listed on the "How many minutes for my otins?" register. (For the purpose of these as well as other Supplementary Conditions, the term “register” will always refer to the “how many minutes for my otins?” register.)
This service is available for the User solely with the use of a special access code (User PIN), which is available for registered Otineo Users on the service website. (For the purpose of these as well as other Supplementary Conditions, the term “PIN” will always refer to an access code used for making calls from telephones (telephone numbers) which are not registered within the Otineo service.
The up-to-date instructions on how to use telephones (telephone numbers) of the User's own choice can be found on the Otineo service website. The Free Telephone Calls from Any Phone service is available within the limit of otins that the User has in their account. The number of otins’ necessary to carry out a conversation of a determined duration with the destination number is a product of the rate listed on the register and the number of every started minute of the conversation. The rate on the register depends on the way the connection was initiated and the destination number.
After every call made, the account balance is reduced by the number of otins resulting from the call duration and the amount of otins necessary to make the call according to the register.
As part of the Free Calls from Any Phone service, the User can make voice connections until they run out of otins in their account.
The User can top up their Otineo account on the basis of rules described in the Supplementary Conditions “Collection of otins”
The “how many minutes for my otins?” register contains a list of countries and destinations to which it is possible to make phone calls from the Otineo Service. The register also contains the amount of otins charged per minute of conversation with a specific country or destination. The register is an attachment to the present Supplementary Conditions Free Telephone Calls and is available to the registered Users on the Otineo Service website: www.otineo.com
Relations between the user and the Otineo company
The use by the User of the products, software, services and Internet pages of Otineo (which, in addition to the contents of the present document, shall be known as, ‘the Services’) takes place within the terms of the legal agreement between the User and the Otineo company. The term, ‘Otineo company’ shall be understood as Otineo Limited company with its headquarters in London at this address 12 Plumtree Court, EC4A 4HT London, UK. The present document contains a description of the legal agreement and of some of its clauses.
The conditions of the agreement between the User and the Otineo company shall be the conditions and principles set out in this document unless these are changed by the parties in writing. These conditions and principles shall be referred to throughout the present document as ‘Conditions of Use’.
Please read the following Conditions of Use carefully because they contain important information about the rights and responsibilities of users along with restrictions, exceptions and the principles for the resolution of disputes.
The agreement between the user and the Otineo company shall also cover possible supplementary Conditions of Use, which will be made available to add detail to the Conditions of Use. These shall be referred to throughout this document as ‘Supplementary Conditions’. Where there are Supplementary Conditions of Use of the Services, the user may gain access to the Services before beginning to use them, gain access within the framework of the services or gain access while using them.
The Conditions of Use and the Supplementary Conditions constitute the legally binding agreement between the user and the Otineo company in the matter of the use by the User of the services. Users are encouraged to familiarize themselves with their contents. The present document shall refer to the agreement from this point onwards as the ‘Conditions of Use’.
Where there are differences in content between the Supplementary Conditions and the Conditions of Use, for the requirements of the Services, the former shall be binding.
The acceptance of the Conditions of Use
To use the Services, the User first has to accept the Conditions of Use. The User may not use the Services without accepting the Conditions of Use.
The User may accept the Conditions of Use in the following ways:
(A) By ticking the square in the registration form next to the sentence, ‘I accept the Conditions of Use’ or next to the sentence, ‘I agree with the Conditions of Use’.
(B) By the actual use of the Services or even by viewing the pages of the Services. In this case, the User understands that the Otineo company shall regard the use of the Services as tantamount to accepting the Conditions of Use from the moment that use began and that this is tantamount to the User expressing agreement with the Conditions of Use.
The User may use the Services and accept the Conditions of Use if (a) the User possesses the legal capacity to sign a binding agreement with the Otineo company, (b) the User is free to use the Services in accordance with the law of the country he/she resides in or is using the service from, (c) any registration, use or access to the service or page by Users who do not meet the conditions set out above in (a) and (b) is unacceptable, contravenes the license and is a breach of the Conditions of Use.
(C) The User declares that he/she has read, understood and agrees to abide by the Conditions of Use whether he/she is a registered user of the Otineo service or not.
(D) The Users agree (a) to provide exact, current and full information about themselves, (b) to take due care to protect their passwords and personal data, (c) to maintain and immediately update registration data and provide other information to the Otineo company that is exact, current and complete and (d) to be completely responsible for all use of the account and for all actions that take place through the use of the account.
Before starting to use the Services, the User should print one copy of the Conditions of Use.
The language of the conditions
The User acknowledges that any translation of the Conditions of Use from English is for information only and that the legal relationship between the User and the Otineo company is regulated by the English version of the Conditions of Use.
Where there are differences between the English version of the Conditions of Use and its translations, the Conditions of Use in English shall take precedence and shall be binding.
The provision of the service by the Otineo company
The Otineo company cooperates with various entities on the territory of the European Union (‘Cooperating Entities’). In some cases these entities will provide Services to Users on behalf of the Otineo company. The User understands that the cooperating entities have the right to provide Services to users and agrees to this.
The Otineo company shall continuously introduce improvements to ensure that Users have the best possible services. The User acknowledges and agrees that the form and character of the Services provided by the Otineo company shall be subject to periodical change without the necessity to give prior notice to the User.
The User acknowledges and agrees that – within the context of the continuous improvements – the Otineo company may cease (temporarily or permanently) to provide the Services (or any element of the Services whatever) to a User or to all Users as it sees fit without the necessity of giving the User notice of that cessation of services. The User may cease to use the services at any time and is under no obligation to inform the Otineo company when doing so.
The User acknowledges and agrees that where the Otineo company blocks a user account he/she may not use the Services and will not have access to the details of his account, to documents or to other content on the user account.
The User acknowledges and agrees that though the Otineo company has set no limits either to the transmission of data by Users via the service or to the storage of data for any of the Services, it may introduce such limits at any time it sees fit.
The use of the Services by the User
To access certain of the Services it may be essential to provide certain information about Users (such as identification or contact details) when registering for services or to ensure continuity of service use. The User undertakes to provide the Otineo company with only precise, correct and current data for the purposes of registration.
The User agrees to use the Services only for aims that are permitted in accordance with (a) the Conditions of Use and (b) with the applicable Law, regulations, generally accepted practices and guidelines.
The User undertakes not to acquire or attempt to acquire access to the Services using any other means than the interface made available by the Otineo company except where he/she has obtained written permission for such access from the Otineo company.
The User agrees to take no action whatsoever that would interfere with the functioning of the Services, that would cause those services to be interrupted, that would have a detrimental effect on the work of the servers and the networks connected with the Services or that would interrupt their functioning.
The User undertakes not to use the Otineo Service in the following ways:
• To acquire or collect the e-mail addresses or other contact data of other users of the overall service or of the Services by electronic means or in other ways for aims connected with the sending of unwanted e-mails or other forms of undesirable communication
• In a way that is against the law or in a way that may damage, halt, overload or damage the service or page.
• To run automatic scripts with the aim of gathering information or to affect in any way the services, service or Internet page.
• For the registration of more than one user account, for the registration of a user account in a name other than your own or for the registration of a user account in the name of any group or entity whatsoever
• Adding, placing, or making accessible any material containing computer viruses or other strings of code, and adding, placing, or making accessible files and programs designed to interfere with, damage or limit the functionality of any computer programs, hardware or telecommunications equipment.
• By pretending to be another person or entity or propagating falsehoods or by giving a misleading impression of yourself, your age or your connection with any person or entity whatsoever
• To frighten or torment others
• By using or attempting to use another account, service or system without permission from the Otineo company or by creating a false identity in any of the services or on the service as a whole.
The User agrees not to multiply, duplicate, copy, sell, distribute or resell the services for any purpose whatsoever without the special, written agreement of the Otineo company expressed in a separate contract.
The User acknowledges that he/she bears sole responsibility (the Otineo company shall have no responsibility with respect to the user or to any third party) for breaches of the duties Users have with respect to the Conditions of Use and for any consequences, such as loss and damage suffered by the Otineo company, of such breaches.
Passwords and the security of User accounts
The User acknowledges that he/she is responsible for keeping the passwords to the user accounts used to gain access to the service secret.
With regard to the above, the User shall bear sole responsibility with respect to the Otineo company for actions executed via his account.
The User shall inform the Otineo company immediately at https://www.otineo.com/pl/app/customerContact of any cases of which he is aware of unauthorized use of a User account or password.
User privacy and personal data
Information concerning the data protection practices applied by Otineo is available at http://www.otineo.com/pl/app/public/privacy, where the Privacy Policy of the Otinea company is set out. Its contents details how the Otinea company treats users’ personal data and protects their privacy when they are using the Services.
Users agree to the use of their data in accordance with the Otineo company’s Privacy Policy.
The Content of the Services
The User understands that sole responsibility for all information, such as data files, texts, software, music, audio files and other sounds, images, video files and other pictures he/she has access to from or via the service shall be taken by the person who originated the content. This information shall be referred to as the ‘Content’ in the remaining sections of the present agreement.
The User should be aware that the Contents presented to him as part of the Services, including content accessible on the web pages and available within the terms of the overall Service, including designs, patterns, text, graphics, images, photographs, pictures, applications, software, music, sound, and other files and advertisements contained in the sponsored Services and Contents may be protected by the intellectual property rights enjoyed by sponsors or advertisers who provide Content to the Otineo company (or to other people or entities operating in their name). The User may not modify Content (in whole or in part) and nor may he lend it free-of-charge for a period of time, lease it, lend it, hire it out, distribute it or create works based on it, except where he obtains the express agreement of the Otineo company or the owners of the content as given in a separate agreement.
The Otineo company reserves the right, which is not however an obligation, to make a prior inspection of all or part of the contents, to consult them, to mark them in a special way, to select them, to modify them, to refuse to publish them on the service or to remove them from the service in whole or in part. The Otineo company may make tools available to some of the services that block content that is clearly erotic in character. In addition, Users may take advantage of services and software that are available commercially to block or restrict access to content they regard as unacceptable.
The User understands that the use of the Services may expose him/her to Content that he/she may regard as offensive, indecent or unacceptable and that therefore he/she uses the services at his own risk.
The User acknowledges that he/she shall bear sole responsibility (and the Otineo company shall not be responsible to the User or to third parties) for Content created by the User, sent or inserted by him while using the Services and for the consequences of such actions, including loss and damage suffered by the Otineo company.
Property rights
The User acknowledges and agrees that the Otineo company (or the licensors of the Otineo company) are the owners of all rights and titles to the overall service, including the Copyright connected with the Services (without regard to whether the copyrights have been registered or not and in which countries they are binding). The User further acknowledges that within the framework of the Services there may be information designated by the Otineo company as confidential and agrees not to disclose this information without the prior, written agreement of the Otineo company.
The Otineo company has exclusive rights extending to all intellectual property and has the right to the unrestricted dissemination of reports concerning any and all questions, commentaries, suggestions, ideas or other information about the overall service for whatever reason – commercial or otherwise – with no requirement to inform or compensate the User.
Where the User has not established this in writing with the Otineo company, the provisions of the present Conditions of Use shall not constitute grounds for assigning the user the right to use trade names, trade marks, service marks, logos, domain names and other unique identifiers of the Otineo company.
Where the User has clearly been assigned the right to use these unique identifiers on the basis of a separate agreement concluded in writing with the Otineo company, the User undertakes to use these unique identifiers in accordance with the provisions of that agreement, the appropriate provisions of the Conditions of Use and the periodically updated guidelines of the Otineo company where these indicate how to proceed with brand features.
The User undertakes not to delete, obscure or alter information on the subject of property rights (including information on copyright and brand names) that could be visible on the Services or constitute a part of them.
Unless the User has received written permission from the Otineo company, he/she agrees that when using the Services she will not use the brand names, service marks, trade names or logos of any company or organization that could, or are intended to, mislead readers with regard to the ownership or legitimate use of these marks, names or logos.
The Otineo company license
The Otineo company gives Users a personal, non-exclusive, non-transferable, free-of-charge, worldwide license to use the software (referred to as the ‘Software’ from this point in the document) provided to Users by the Otineo company within the framework of the Services provided to Users by the Otineo company. The license is granted with the exclusive purpose of enabling Users to derive benefit from the Services provided by the Otineo company in the manner specified in the Conditions of Use.
Except where this is clearly required by law or where the Otineo company has given the User written permission, Users may not take the following actions nor allow any other person to do so: copying, modification, the creation of derivative works, the application of reverse-engineering techniques, decompilation or attempting to find the source code of the Software or its parts in another way.
The User may not transfer the rights to use the Software, grant sublicenses to it or extend securities or guarantees whose subject is the right to use the software. Further, the User may not perform any other kind of disposal or transfer of any part of the rights to use the Software except where the Otineo company gives written permission to do so.
The User may not transmit or publish the contents of the pages of the overall service in any way nor use the Contents of these pages without the express, written permission of the Otineo company.
Software updates
The Software the Users use can automatically access updates from the Otineo company and install them. The updates are aimed at improving, modernizing and developing the Services and may take the form of programs that repair defects, enhance functions and add new software modules or entirely new versions. The User agrees to receive these updates (and agrees to the Otineo company sending them) as part of using the Service.
Termination of the relationship between the User and the Otineo company
The Conditions of Use shall apply until they are revoked by either the User or the Otineo company in accordance with the principles set out below.
If it is the User’s wish to terminate the agreement with Otineo, he may do this by (a) informing Otineo at any time or (b) closing all the accounts in all the Services he uses – provided Otineo has made this possibility available to the User. The User should send notification in writing to the address for Otineo given at the head of this document.
A new set up of the account,which was closed on user request, for the telephone number, that was earlier used in order to register the account, is possible in 180 days after the request is received,on user written request.
Otineo may terminate the agreement with the User at any time if:
(A) The User breaches the provisions of the Conditions of Use as set out in the present document or acts in such a way as to suggest that he is incapable of conforming to the provisions of the Conditions of Use.
(B) Otineo is obliged by law to terminate the agreement (e.g., where providing the Services to Users is against the law)
(C) An entity with which Otineo is cooperating to provide Services ceases to work with Otineo or ceases to offer the Services to the User.
(D) Otineo ceases to provide the Services to Users in the country the User lives in or from which the User uses the Services.
(E) Where it is the opinion of the Otineo company that providing the Services to the User is no longer profitable.
Otineo may terminate the agreement with the User at any time without giving any reasons and with no obligation to inform the User.
None of the provisions of the present section of the document have an influence on the rights of Otineo in providing the Services according to the contents of ‘The Provision of the Services by the Otineo company’ in the Conditions of Use.
The expiry of the present Conditions of Use shall have no influence on the statutory rights, legal responsibilities or legal liabilities of the User and the Otineo company (nor on the legal rights, responsibilities and liabilities arising from the period when the Conditions of Use were valid), or on the statutory rights, legal responsibilities or legal liabilities that are to be binding indefinitely. The provisions concerning the English and Wales jurisdiction shall apply indefinitely to all of the rights, responsibilities and liabilities referred to in the present paragraph.
Exclusion of guarantee
The Services are provided ‘as they are’, without guarantee, and the Otineo company, the cooperating entities and the licencors of the Otineo company make no guarantees whatever for the Services.
In particular, Otineo, the cooperating entities and the licensors of the Otineo company neither declares nor guarantees to the Users that:
(A) The use of the Services by the User will meet his requirements.
(B) The User will be able to use the Services without interruption, without errors, securely and on time.
(C) The information obtained by the Users as a result of using the Services will be precise and reliable.
(D) That defects in the operation or functionality of the software provided to the User as part of the Services will be repaired.
(E) That the Contents and the material on the pages, and the services and the software, are accurate, complete, reliable, current and error free or that the page, the server supporting the overall service and the software are free from viruses or other harmful elements.
Except where the Conditions of Use clearly state otherwise, no other conditions, guarantees or provisions shall be applied to the Services, including implied conditions concerning satisfactory quality, fitness for purpose and consistency with description.
The provisions of the present Conditions of Use shall have no effect on the User’s statutory rights as a consumer, which the User can neither change nor renounce on the grounds of the agreement.
Limitation of Liability
The provisions of the present Conditions of Use shall not form grounds for the exclusion of the Otineo company from liability for losses or from limited liability for losses where the currently binding law states otherwise.
Without prejudice to the provisions contained in the previous sentence, the Otineo company, the Cooperating Entities and the licensors of the Otineo company shall have no responsibility to the User in respect of the following:
(A) All direct, indirect or incidental losses that the User may suffer. These losses include loss of profits (directly or indirectly), an enterprise’s loss of reputation or the loss of data by the User.
(B) All losses or damages that the User may suffer as a result of (the Otineo company, the Cooperating Entities and the licensors of the Otineo company shall not bear responsibility in respect of the User even when the Otineo company is aware or has been warned of the possibility that such losses or damages may transpire):
(i) Actions taken by the user based on the conviction that an advertisement is complete and exact, or taken as a result of relationships or transactions between the User and an advertiser or sponsor whose advertisement has been placed on the service.
(ii) Changes which the Otineo company may introduce to the Services or sustained or temporary cessations of the provision of the Services (or of any part of the Services)
(iii) The deletion, damage or failure to record or store the Contents or other data stored or sent by the User as part of the use of the Services
(iv) Failure to send the Otineo company precise information about the account.
(v) Failure on the part of the User to keep passwords and other details concerning the account secret and secure.
(C) The occurrence of any mistakes, oversights, interruptions, deletions, defects, delays in action or transmission, damage to communication lines, theft, damage, unauthorized access or changes of telecommunications operator that are the responsibility of the User.
(D) Technical unserviceability or other problems with the network or with telephone services, computer systems, servers or providers, computer or cell phone equipment, software, and breakdowns or failures of e-mail accounts.
(E) The Injury to, or the death of, the User that is the result of someone’s use of the Otineo pages or overall service.
The user agrees that the Otineo company, its subsidiary and associate companies, its directors, the members of its Management Board, its agents, partners and employees are relieved of any responsibility whatsoever for any losses suffered by the User. The User may not demand the repair of damage, the refund of costs and expenses (including lawyers’ fees) arising from the use of the overall service, the software, or of the Contents made available via the overall service, the Services or the pages. The User shall be responsible for his own conduct when using the overall service or pages as well as for any breach of the agreement or of the rights of third parties.
The limited liability of the Otineo company with respect to the User which is set out beneath the title, ‘Limitation of Liability’ shall be applied without regard to whether the Otineo company has been forewarned of the possibility that such losses will occur or to whether the company should have expected such losses to occur.
Copyright and trade marks
It is the policy of the Otineo company to react when it is informed of suspected breaches of copyright which fulfill the conditions set out in international intellectual property law (including the Digital Millennium Copyright Act binding in the USA) and to close accounts opened by those who commit serial breaches. As it sees fit, the Otineo company may also limit the access to pages and to the overall service of Users who in any way commit breaches of any intellectual property belonging to others. The Otineo company shall do this whether the breach concerned is the first or part of a series of breaches. Otineo and other company graphics, logos, templates, icon buttons, scripts and names of services have been registered as trade marks of the Otineo company in the countries of the European Union and/or other countries. The company’s brands as well as their component parts and the component parts of domain names may not be used together with other products or services in a way which may mislead and may not be copied, imitated or used in whole or in part without the prior written agreement of the Otineo company.
Advertisements
Some of the Services are financed by advertising, which means that advertising material and promotional offers will be present on the Services. The advertisements may be connected with the informational contents of the Services, with questions that are directed via the Services or with other information.
The method, mode, type and number of advertisements placed by the Otineo company on the services may be changed without informing the User.
In exchange for the Otineo company ensuring that the User has access to the Services and the right to use them, the User shall agree to the placing of advertising on the Services.
Other content
Hyperlinks to other Internet pages, content or resources may be placed on the Services. The Otineo company may have no influence on the Internet pages or resources originating from companies or people other than the Otineo company.
The User acknowledges and agrees that the Otineo company shall bear no responsibility for the accessibility of these third-party pages or resources and does not sponsor products or other materials available via these Internet pages or resources.
The User acknowledges and agrees that the Otineo company shall bear no responsibility for loss or damage the User may suffer as a result of the provision of access to these external pages or resources or as a result of actions taken by the User under the conviction that an advertisement, product or other material that is part of those Internet pages or resources, or that can be reached via these pages and resources, is complete, accurate or exists. If the User decides to leave the Otineo overall service by using a hyperlink and going to pages belonging to other entities, or decides to use or install an application or software, or consult the contents, of other entities, he/she does so at his own risk and should be aware that our Conditions of Use no longer apply in this case. The User should consult the data and privacy protection material that details the practice in this respect of any page to which he is conducted to from the Otineo service or from applications connected with the service that he uses or installs with the assistance of the Otineo service. Where links to a variety of products, services, processes or other information feature the Otineo company name, brand name, producer, supplier or other they do not represent or suggest that the Otineo company supports them, sponsors them, recommends them or is connected with them.
Changes to conditions
The Otineo company may periodically introduce changes to the Conditions of Use and the Supplementary Conditions. After introducing these changes, the Otineo company will publish new versions of the Conditions of Use at http://otineo.com/pl/app/public/terms, while new versions of the Supplementary Conditions will be available to Users via the Services or as part of the Services which they concern.
All changes to the Conditions of Use will be recorded on this page and the date of the most recent change to the Conditions of Use will be recorded at the top of that page.
The User acknowledges and accepts that use of the Services by the User after the date of the changes to the Conditions of Use and the Supplementary Conditions is tantamount to expressing agreement to the new versions of the Conditions of Use and the Supplementary Conditions.
Where Users do not agree to the current or possible future versions of the Conditions of Use, they should cease to use the service and pages. It is the duty of the User to regularly check the Conditions of Use in order to be familiar with any updates.
General legal conditions
While using the Services – or via their use – the User may take advantage of the various telecommunications services, download software or obtain access to services provided by other people or companies. The use by the User of these other services, other software or of access to services provided by other people or companies may be subject to separate conditions agreed upon between the User and the company or person concerned. In this case, the Conditions of Use shall have no influence on the legal relationship between the User and company or person.
The Conditions of Use constitute the entirety of the agreement between the User and the Otineo company and regulate the use of the Services by the User (with the exception of the services that the Otineo company may render to the User within the terms of separate, written agreements) and completely supersede all earlier agreements between the User and the Otineo company in the matter of the Services.
The User permits the Otineo company to notify him of register to service or of changes to the Conditions of Use by electronic mail or by messages placed on the Services.
The User acknowledges that the Otineo company’s non-execution or failure to pursue any of the rights and legal resources provided for it in the Conditions of Use (or that the Otineo company enjoys under the law as it stands) is not tantamount to the Otineo company resigning these rights or resources, which the Otineo company will continue to enjoy.
Where any court of proper jurisdiction for the matter in question delivers a ruling that any of the provisions of the present Conditions of Use are invalid they shall be removed from the Conditions of Use and shall have no influence on the remaining provisions of the Conditions of Use, which will continue to be valid and executable.
The User acknowledges and agrees that each of the members of the group of companies of which the Otineo company is the dominant entity, or companies of which it is a dependent entity, shall benefit from the Conditions of Use as third parties and that these companies shall be entitled to directly execute the provisions of the Conditions of Use and to take action with reference to the provisions of the Conditions of Use, which form the basis of the rights and authorizations they enjoy. In addition to the entities mentioned in the present paragraph, no other physical or legal person shall be the beneficiary of the Conditions of Use as a third party.
The Conditions of Use and the legal relationship between the User and the Otineo company that arise from the Conditions of Use shall be subject to the English and Wales law. The User and the Otineo company agree that they will submit exclusively to the jurisdiction of English and Wales courts to resolve all legal issues arising from the Conditions of Use. Notwithstanding this, the User acknowledges that the Otineo company shall enjoy the right to act to secure its claims (or to summarily secure an equivalent type of security) in any jurisdiction.
Supplementary conditions: Collection of Otins
Otins
Otins are pre-arranged units used for settling the use of various services within the Otineo service (a pre-arranged “currency” of the Otineo service, which is not a legal means of payment and is not subject to exchange for any other currency).
For the purpose of these or any other Supplementary Conditions, the term “otins” will always refer to the pre-arranged currency units of the Otineo Service.
Collection of otins in the Otineo Account
The users can collect otins once they confirm having watched a sequence of commercials and/or having responded to the questions provided. In order to obtain otins in your Otineo account (“Top up your Otineo Account”) it is necessary to complete the sequence of steps described below:
a) The user must confirm the fact he/she has watched a commercial by clicking at the right moment.
b) If there are questions, the user must respond to all the questions asked in a determined time displayed next to the question or as reasonably quickly as he/she can.
c) If there is a captcha type security, the User must rewrite the contents presented in the picture (it can be a sequence of letters and/or digits), which appears once the User has finished answering the questions.
d) The user must confirm having completed the operation mentioned above by clicking on the “next” tab until the moment they receive a confirmation of their account being topped up.
The number of otins received by the User as part of the operation of topping up may vary and remains unknown to the User until they complete it. The account is topped up with otins.
Other methods for collecting otins in the Otineo account.
There may be other methods for topping up User accounts available in the Otineo service. The rules of these methods are described in the relevant Supplementary Conditions, e.g. I recommend Otineo.
Supplementary conditions: Free computer calls
Using the free computer call service takes place on the basis of rules determined by the Terms and Conditions of Use, the present Supplementary Conditions: Free Computer Calls and other Supplementary Conditions related to the Otineo service.
Free computer calls is a service available as part of the Otineo service, which enables the user to make free calls from their computer to landline numbers and mobile phone numbers of countries listed on the "how many minutes for my otins?" register (for the purposes of those, as well as other Supplementary Conditions, the term “register" will always refer to the “how many minutes for my otins" register.)
The User can use the free computer call service via the Otineo Softphone Internet Telephone (for the purposes of these, as well as other Supplementary Conditions, Otineo Softphone will always refer to the Otineo Softphone Internet Telephone, available for Users as part of the Otineo service) and only on the www.otineo.com website, once the User logs into their Otineo Account.
Otineo Softphone enables making voice connections directly from the User’s computer, solely with the use of the www Internet Explorer browser version 6.0 or higher, to the telephone numbers of countries listed on the Register.
In order to use Otineo Softphone, as part of the service, the user must:
• Install the software prepared and delivered by Otineo for that purpose, available on the website www.otineo.com, according to the instruction published on Otineo service websites.
• Have a sound card and headphones
A detailed description of how to use (make calls) the Internet telephone can be found on the service web pages.
The free computer call service is available as part of the otins limit owned by the User, in the Otineo account assigned to the User's telephone number. The number of otins necessary to carry out a conversation when calling a determined number is the product of the rate quoted on the Register and the number of every initiated minute of the conversation.
After every call made from the Internet telephone, the account balance is reduced by the number of otins, which results from the call duration and the number of otins necessary to make a call according to the Register.
As part of the Free Computer Call service, the user can make voice connections, with the use of the Internet phone until they run out of otins in their account. The user can top up their Otineo account on the basis of rules specified in the Supplementary Conditions "Collection of otins"
The register contains a list of countries and destinations to which calls can be made as part of the Otineo service. This register also contains the number of otins charged for a minute of a call to a certain country or destination. The register is an attachment to the present Free Computer Call Supplementary Conditions and is available for registered Users (those who use the service) on the service website: www.otineo.com.
Supplementary Conditions – Free telephone calls
Using the free telephone calls service takes place according to rules specified in the Terms and Conditions of Use, the present Supplementary Conditions regarding Free Telephone Calls and other Supplementary Conditions related to the Otineo service.
The Free Telephone Calls service is available within the Otineo service, enabling the User to carry out telephone conversations initiated from a telephone registered with the Otineo service, to landline or mobile telephone numbers located in the countries listed on the "How many minutes for my otins?" register. (For the purposes of these as well as other Supplementary Conditions the term ‘Register’ will always refer to the “How many minutes for my otins?” register).
The Free Telephone Calls service is designed for the use of landline and mobile telephones equipped with the active function of Call Line Identification and the function of tone dialing.
The Free Telephone Calls service is available as part of the otins limit owned by the User within their Otineo account assigned to the User’s telephone number from which the call is initiated. The number of otins necessary to carry out a conversation with the number called is the product of the rate listed on the register and every commenced minute of the conversation. The rate on the register depends on the way the call is initiated and the destination number.
After every call made, the account balance is reduced by the number of otins resulting from the duration of the call and the number of otins necessary to make the call according to the Register.
As part of the Free Telephone Calls, the User can make voice connections until they run out of otins in their account.
The User can top up their account on the basis of rules described in the Supplementary Conditions “Collection of otins”.
The "How many minutes for my otins" register contains a list of countries and destinations that it is possible to call from the Otineo service. The register also contains the number of otins per minute while calling a determined country or destination. The register is an attachment to the present Supplementary Conditions – Free telephone calls services and is available to Users registered on the service website: www.otineo.com.
Supplementary Conditions – Free Codes
Using the Free Codes service takes place on the basis of rules specified in the Terms and Conditions of Use, the present Supplementary Conditions – Free Codes and other Supplementary Conditions related to the Otineo Service. For the purpose of these as well as other Supplementary Conditions, the term “Free Codes” will always refer to the codes and services of external suppliers (operators/cooperating entities).
As part of the Otineo service, Users have the possibility to exchange otins accrued on their account for the Free Codes. These codes enable the Otineo Service Users to use various types of services delivered by external suppliers (operators/cooperating entities).
The Free Codes are supplied in the Otineo Service and have their own names (names of the services of a specified operator/cooperating entity) as well as their value (face value) provided in the currency of a determined country (or countries, in which the Otineo Service is available). Every Free Code also has the number of otins equivalent to a certain Code.
Obtaining a Free Code consists of exchanging an appropriate number of otins accrued on the account for a chosen Free Code of a determined nominal value expressed in the currency of a certain country. In order to exchange otins for a Free Code of a determined nominal value, the User should have enough otins in their account to make it possible for them to carry out this exchange. In the event where the number of otins in the User’s account is not sufficient to carry out the exchange for a selected Free Code, the transaction will not be completed. The User can top up their Otineo account on the basis of rules described in the Supplementary Conditions “Collection of otins”.
At the time when the User confirms the fact of having exchanged a number of otins for a selected Free Code, the User’s Otineo account will be charged, (for the purpose of these conditions, as well as other Supplementary Conditions, the term "charge" will always refer to the deduction from the User's Otineo service account resulting from the exchange of otins for services available within Otineo) amounting to the number of otins necessary to make an exchange for a selected Free Code.
The User is obliged to direct all matters related to the functioning of Free Codes and services delivered with the use of these codes by external suppliers (operators of services available with the use of Codes) to the external supplier of a given Service. Otineo does not take any responsibility for the contents and functioning of Free Codes nor any services delivered with the use of those Codes by external suppliers (operators of the services which are available with the use of codes).
Supplementary Conditions – Free Products
Using the Free Products service takes place on the basis of rules specified in the Terms and Conditions of Use, the present Supplementary Conditions - Free Products and other Supplementary Conditions related to the Otineo Service. For the purpose of these as well as other Supplementary Conditions, the term “Free products” will always refer to the products of external suppliers.
As part of the Otineo service, Users have the possibility to exchange otins accrued on their account for the Products. The Products are supplied in the Otineo Service and have their own names as well as their value (face value) provided in the currency of a determined country (or countries, in which the Otineo Service is available). Every Product also has the number of otins equivalent to a certain Service.
Obtaining a Product consists of exchanging an appropriate number of otins accrued on the account for a chosen Product of a determined nominal value expressed in the currency of a certain country. In order to exchange otins for a Product of a determined nominal value, the User should have enough otins in his account to make it possible for him to carry out this exchange. In the event where the number of otins in the User’s account is not sufficient to carry out the exchange for a selected Product, the transaction will not be completed. The User can top up their Otineo account on the basis of rules described in the Supplementary Conditions “Collection of otins”.
At the time when the User confirms the fact of having exchanged a number of otins for a selected Product the User’s Otineo account will be charged (for the purpose of these conditions, as well as other Supplementary Conditions, the term "charge" will always refer to the reduction from the User's Otineo service account resulting from the exchange of otins for products and services available within Otineo) amounting to the number of otins necessary to make an exchange for a selected Product. The User receives a unique PIN code during the exchange of otins for the Product. On working days in 24 hours from the exchange of otins for a chosen Product the Otineo Customer Service Department (BOK) sends an e-mail from sklep@otineo.com e-mail account to a User (on the User’s registered e-mail address in Otineo system) including information about the Product and requesting the User to send the details of the address at which the Product should be sent. After having received the details of the above mentioned address BOK confirms by telephone (on the User’s registered telephone number in Otineo System) the User identity and the correctness of PIN code. When these data are confirmed BOK sends the Product chosen by the User.
The User is obliged to verify the received package at the delivery time whether it was not damaged during the conveyance. In case of any damages of the received parcel the User is obliged to draw up a damage notification signed by a representative of the shipping company. The possible complaint about the delivery will be rejected by Otineo if there is no damage notification.
If the chosen Product is not available at external suppliers the User is given back the number of otins amounting to a determined nominal value of the chosen Product.
All products have solely their producer's warranty. Otineo does not take any responsibility for the contents and functioning of Products. In case when User wants to place a complaint about the received Product under the producer warranty, the User is obliged to send the Product to the address provided by BOK. BOK will deliver the claimed under the producer warranty Product and will inform the User about the results of his claim. After having received back the Product from the warranty service, BOK will send the Product to the User in 3 working days. Otineo does not process the placement of complaints of Products after the producer warranty period is finished.
Supplementary Conditions “I recommend Otineo”
The Supplementary Conditions “I recommend Otineo” specify the rules according to which the Users can increase their account balance by recommending the Otineo Service to their friends, who create and activate an Otineo service account. The User can obtain such increases of the Otineo account balance on the basis of rules determined in the Terms and Conditions of Use, the present Supplementary Conditions “I recommend Otineo” and other Supplementary Conditions related to the Otineo Service.
Whether the User receives additional otins while recommending the service depends on the promotional campaigns conducted by Otineo. The Users will be able to find information on promotional campaigns on the webpages of the Service or obtain it via electronic mail directed to the e-mail addresses provided by them in the service. The number of otins obtained for recommending the Service can vary and can depend on the currently conducted promotional campaigns. At the same time, Otineo can, at all times, make a decision without prior notice, regarding not increasing the account balance of Users for having recommended the Otineo Service to their friends, who then create and activate accounts in the Otineo Service.
The User can recommend Otineo by sending an e-mail directly from his/her own e-mail client and can also make a verbal recommendation. In the event that Otineo conducts a promotional campaign aimed at increasing Users' account balances for having recommended the Otineo Service to their friends, who then create and activate accounts in the Otineo Service, it takes place according to rules determined in the present Supplementary Conditions “I recommend Otineo”.
The User obtains additional otins for having recommended the Service when all the steps listed below are completed:
- the person who obtained the verbal recommendation registers with the Service for the first time and the telephone number they provided is not yet registered in the service
- The person who received the recommendation entered the telephone number of the User they received the recommendation from in the appropriate place on the registration form
- The person who received the recommendation watched required number of adverts. The requirements and limits are available on the webpage https://www.otineo.com/pl/app/recommend.
User (A) can receive an additional top-up amounting to 10 otins for the registration and Otineo account activation carried out by the new User (B), who received the recommendation from User (A).
User (A) can receive an additional top-up amounting to 5 otins for the registration and Otineo account activation carried out by the new User (C), who received the recommendation from User (B) who had registered and activated their Otineo account as a result of the recommendation provided by User (A).
Otineo can introduce any method of awarding bonuses to Users, who recommend the Otineo service. A detailed procedure on how to obtain additional otins is published on the Service webpages.
Supplementary Conditions – free phone calls from any phone
Using the Free Phone Calls from Any Phone service occurs on the basis of rules specified in the Terms and Conditions of Use, the present Supplementary Conditions Free Phone Calls From Any Phone and other Supplementary Conditions related to the Otineo Service.
For the purposes of these as well as other Supplementary Conditions, the phrase ‘phone calls from any phone’ will always refer to phone calls initiated from a phone (a telephone number), which is not registered within the Otineo service (e.g. telephone boxes).
Free phone calls from any phone is a service available within the Otineo offer, which enables the User to carry out telephone conversations initiated from telephones of their choice, which are not registered in the Otineo Service, with landline and mobile telephone numbers of countries listed on the "How many minutes for my otins?" register. (For the purpose of these as well as other Supplementary Conditions, the term “register” will always refer to the “how many minutes for my otins?” register.)
This service is available for the User solely with the use of a special access code (User PIN), which is available for registered Otineo Users on the service website. (For the purpose of these as well as other Supplementary Conditions, the term “PIN” will always refer to an access code used for making calls from telephones (telephone numbers) which are not registered within the Otineo service.
The up-to-date instructions on how to use telephones (telephone numbers) of the User's own choice can be found on the Otineo service website. The Free Telephone Calls from Any Phone service is available within the limit of otins that the User has in their account. The number of otins’ necessary to carry out a conversation of a determined duration with the destination number is a product of the rate listed on the register and the number of every started minute of the conversation. The rate on the register depends on the way the connection was initiated and the destination number.
After every call made, the account balance is reduced by the number of otins resulting from the call duration and the amount of otins necessary to make the call according to the register.
As part of the Free Calls from Any Phone service, the User can make voice connections until they run out of otins in their account.
The User can top up their Otineo account on the basis of rules described in the Supplementary Conditions “Collection of otins”
The “how many minutes for my otins?” register contains a list of countries and destinations to which it is possible to make phone calls from the Otineo Service. The register also contains the amount of otins charged per minute of conversation with a specific country or destination. The register is an attachment to the present Supplementary Conditions Free Telephone Calls and is available to the registered Users on the Otineo Service website: www.otineo.com