1. The Services comprise OTO’s application, websites, content and services made available in that enable users to find, reserve, unlock and to rent bicycles provided by OTO, where available.

2. Unless otherwise agreed in writing by OTO, the Services are made available solely for personal and non-commercial use in the designated operating zones. Details of OTO’s operating zones can be found in the OTO application, on OTO’s website or by writing to OTO at support@otobike.com

3. Subject to compliance with these Terms, you are granted limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use OTO’s application (the Application) on your personal device solely in connection with your use of the Services and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by OTO and OTO’s licensors.

4. The Services and all rights therein are and shall remain OTO’s property or the property of OTO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except as provided for in these Terms or permit you to use or reference in any manner OTO’s company names, logos, product and service names, trademarks or services marks or those of OTO’s licensors.

1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) accessible through the Application.

2. You must be over 13 or older to register for an Account or use the Services. You may use a OTO bicycle if you are 13 or older (“a minor”) and the minor’s parent or legal guardian (i) has registered the Account on behalf of the minor (ii) consents to and supervises the minor’s use of the Services (iii) guarantees, represents and warrants that they and the minor have accepted and agreed to these Terms and (iv) that they are, to the maximum extent permissible by applicable law, fully responsible and liable for all injuries, damages, costs and expenses arising from the minor’s use of the Services in accordance with these Terms and as provided for by law. Anyone under the age of 16 may not use the Services, including a OTO bicycle.

3. Account registration requires you to agree to these Terms and to submit to OTO certain personal information, such as your name, email and mobile phone number which will be held and processed in accordance with OTO’s privacy policy.

4. You are required, in accepting these Terms, to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services or may result in OTO’s termination of your access to the Services.

5. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

6. Unless otherwise permitted by OTO in writing, you may only register for one Account.

7. OTO reserves the right to refuse the registration of a user Account or to suspend or terminate a user Account in accordance with clause 12.

8. You may not authorize third parties to use your Account nor assign nor otherwise transfer your Account to any other person or entity to access or use the Services.

9. Where OTO considers it necessary, you may be asked to provide proof of identity to access or use the Services and you may be denied access to or the use of the Services if you refuse or are unable to provide proof of identity. By creating an Account you agree that OTO may send you information by text message (SMS) to facilitate the use of the Services.

1. OTO bicycles can be found, reserved, unlocked and used when logged into your Account. Bicycles are unlocked by scanning the QR code on the bicycle.

2. You are responsible for obtaining the data network access necessary to access and use the Services. Your mobile network data and messaging rates and fees may apply and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. OTO does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

3. OTO bicycles are locked by locking the bike manually or remotely through the Application.

1. The charging period will commence when the OTO bicycle is unlocked. The charging period ends when the OTO bicycle is locked. The start and the end of the charging period constitutes one trip.

2. You will be charged for each trip on a OTO bicycle according to the current rate and price list. Details of the prices and charges are available on the Application. You shall not use OTO Services if you don’t agree to the prices or charges.

3. OTO reserves the right to amend these Terms including the charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.

4. You will be charged for lost, stolen or damaged bicycles, which be determined by OTO using the data recorded on OTO’s systems and that data shall be proof of the period of use.

5. Prior to accessing a OTO bicycle you need to furnish your Account with minimum amount for your trip. The charges will be recovered from your Account at the end of each trip. If sufficient funds are unavailable in your Account for the trip the outstanding sums will be debited when funds are next added to your Account. You will be unable to start a new trip on a OTO bicycle until sufficient funds are available on your Account.

6. If a OTO bicycle is damaged during the trip you must report the damage to OTO as soon as it is safe to do so through the Application or by writing to support@otobike.com

7. If a OTO bicycle is lost or stolen during the trip you must notify the police and inform OTO Authorities. OTO Keep the rights to charge you according to the damage.

8. If a OTO bicycle is stolen at the end of the trip then OTO may charge you a maximum sum of 20,000 BDT if (i) you left the OTO bicycle unlocked and the OTO is not found or recovered within 7 days of when you first unlocked the OTO or (ii) if you park a OTO bicycle outside of an operating zone and that bicycle is stolen from that location. In the event the OTO bicycle is later recovered OTO will refund any charges made after the cost of any repairs has been deducted.

9. You hereby agree for OTO to collect any charges or payments accruing from registration with OTO and use of OTO bicycles. You have the right to terminate this agreement at any time in accordance with the termination provisions set out at clause

10. Upon termination of the Account you will be required to pay any outstanding charges for trips made where insufficient funds were available in your Account.

11. OTO may, in OTO’s sole discretion, create and offer promotional codes (“Promo Codes”) which you can use for discount for any trip. OTO keeps the right to change or add any new promotional offer.

1. OTO will always try to run a reliable service and ensure that OTO bicycles are available. Sometimes part or all of the Services will be unable to operate for reasons beyond our reasonable control.

2. During certain periods, OTO bicycles may be in heavy demand so OTO cannot always guarantee to have a bicycle available within a reasonable distance.

1. You are personally responsible for each OTO bicycle for the duration of any trip (from when you unlock the OTO bicycle until you lock the OTO bicycle).

2. When using a OTO bicycle you must be capable of riding and operating a bicycle competently on the roads and take all reasonable care to protect yourself through the use of a cycle helmet and necessary protective and reflective clothing. You must also:

   1. comply with these terms and conditions and all applicable laws and regulations;

   2. make yourself familiar with the operation of the bicycle before commencing your trip;

   3. check that the OTO bicycle (including, without limitation, the tyres, brakes, saddle, lights, frame and bell) is roadworthy and safe before commencing your trip;

   4. end your trip and use of the bicycle immediately in the event the bicycle suffers from any technical defects or is otherwise damaged at the beginning of, or at any point during, the trip. All such defects and damage should be reported to OTO through the Mobile Application at the earliest and safest opportunity;

   5. observe all traffic signs and signals;

   6. use the OTO bicycle reasonably, considerately and responsibly;

   7. take reasonable care of the OTO bicycle;

   8. secure all transported goods and items are fastened and/or secured effectively at all times; and

   9. lock the bicycle when not in use.

3. When using a OTO bicycle you must not:

   1. lock or secure the bicycle to any object or property during the trip;

   2. leave a bicycle unattended, even if only for a short period of time;

   3. use a bicycle to operate a courier service or other business;

   4. give, lend or sell the bicycle to any other person or allow any other person to use the bicycle;

   5. damage, deface, vandalise or tamper with the bicycle;

   6. cycle with more than one person at a time;

   7. add or attach accessories or trailers to the bicycle;

   8. carry

      • a load in the basket of more than 10 kilograms

      • an object which overhangs the basket

      • any animals, children or persons

      • dangerous, hazardous or flammable substances or any object that is likely to cause injury to you or damage to the bicycle or injury or offence to any other person;

   9. use the bicycle in a manner that causes or is likely to cause injury, harassment, alarm or distress to others;

   10. use the bicycle in case of strong wind or stormy weather;

   11. use the bicycle under the influence of drugs or alcohol;

   12. transfer or move the OTO bicycle or any part of it to any areas by means other than riding the OTO bicycle in accordance with applicable laws and regulations, whether the bicycle is locked or not; and

   13. use the bicycle outside of the operational zones.

4. When parking a OTO bicycle you must follow all applicable laws and terms and Condition by OTO. You agree to leave it in public, easy to access and conspicuous operational zones where it can be seen by passers-by and will not cause an obstruction or hazard to other road users. You should use cycle standing or other parking facilities wherever possible and secure the bicycle so that it does not fall over and become a hazard or obstruction. In particular, it is not permissible to park bicycles:

   1. on or near a road in a dangerous position;

   2. at traffic lights or traffic signs;

   3. on walkways.

   4. in front of, in or near emergency exits or fire escapes; and

   5. park the bike in any private-accessible places that prevent free access of other users to the use of bikes.

5. When using the Services provided by OTO you may not:

   1. remove any copyright, trademark or other proprietary notices from any portion of the Services;

   2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by OTO;

   3. decompile, reverse engineer or disassemble the Services;

   4. link to, mirror or frame any portion of the Services;

   5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

   6. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;

   7. submit, upload or publish any defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content;

   8. without the prior written consent of OTO, publish any commercial or noncommercial advertisements; and

   9. infringe any other party’s lawful rights, including without limitation intellectual property rights.

YOU UNDERSTAND AND AGREE THAT CONDUCTING ANY OF THE ABOVE PROHIBITED ACTS SHALL RESULT IN OTO’S DENIAL OF YOUR ACCESS TO OR USE OF THE SERVICES AND MAY ALSO INCUR FINES.

1. THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD PARTY SERVICES AND CONTENT (INCLUDING ADVERTISING) THAT OTO DOES NOT CONTROL. OTO DOES NOT ENDORSE SUCH THIRD PARTY SERVICES AND CONTENT AND IN NO EVENT SHALL OTO BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDERS. ACCESS TO THE SERVICES USING THESE DEVICES IS SUBJECT TO TERMS SET FORTH IN THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS.

2. OTO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (“OTO PARTIES”) HAVE TAKEN ALL REASONABLE CARE IN THE OFFERING OF THE SERVICES BUT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APPLICATION AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. OTO PARTIES SHALL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONVEYED TO THE USER NOT FOR DELAYS OR INTERRUPTIONS OF THE DATA OR THE INFORMATION STREAM AND OTO PARTIES DO NOT GUARANTEE THAT THE APPLICATION AND OTHER SERVICES WILL BE AVAILABLE AT ALL TIMES. YOU USE THE APPLICATION AND OTHER SERVICES AT YOUR OWN RISK.

1. YOU USE THE SERVICES, INCLUDING OTO BICYCLES, AT YOUR OWN RISK.

2. YOU ARE LIABLE FOR ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR USE OF A OTO BICYCLE FROM THE MOMENT YOU UNLOCK THE BICYCLE UNTIL IT IS LOCKED AND IN RESPECT OF ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR PARKING OF THE OTO BICYCLE.

3. YOU ARE LIABLE FOR THE LOSS OR DAMAGE OF ANY OTO BICYCLE WHICH YOU CAUSE INTENTIONALLY OR THROUGH YOUR NEGLIGENCE.

4. YOU ACCEPT LIABILITY FOR ALL INJURY, DAMAGE OR LOSS ARISING FROM YOUR NONCOMPLIANCE WITH YOUR OBLIGATIONS AS DEFINED IN THESE TERMS.

5. OTO IS LIABLE FOR INJURY, DAMAGE OR LOSS THAT IS CAUSED INTENTIONALLY BY OTO OR THROUGH OTO’S NEGLIGENCE.

6. OTO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. OTO SHALL NOT BE LIABLE FOR ANY OTHER LOSS ARISING OUT OF YOUR USE OF THE SERVICES, SAVE AS REQUIRED BY LAW.

1. You agree to indemnify and hold OTO and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

   1. your use of the Services or services;

   2. your breach or violation of any of these Terms;

   3. your violation of the rights of any third party, including those injured in accidents.

1. You or OTO may terminate their contractual relationship and so terminate your Account at any time.

2. You may terminate your Account by contacting OTO at support@otobike.com

3. If at any time you do not comply with these Terms and/or any applicable laws or regulations while using a OTO bicycle or any other Service, OTO reserves the right to terminate or suspend your use of the Service, including the hire of OTO bicycles.

4. Information obtained by the police regarding non-compliance with these Terms and any applicable laws or regulation while you are using a OTO bicycle may be disclosed to us and we may use such information to terminate or suspend your use of the Services, including the hire of OTO bicycles.

5. Where your Account is terminated OTO will refund any outstanding credit on your Account once all deductions have been made for money owed through use of the Services. You have to collect outstanding amount from Authorised OTO Agent.

6. If you have used or attempted to use a payment method to defraud us, OTO may terminate your Account without payment of any refund to you.

7. OTO may refuse the registration of an Account if:

   1. a user has previously been suspended using the OTO service or had their account terminated for failing to adhere to the Terms or any applicable laws and regulations;

   2. there are outstanding sums payable to OTO arising from a previous use of the Service;

   3. OTO receives a police instruction that you have committed a cycling offence in accordance with any applicable laws; or

   4. OTO has reason to believe that you are attempting or have attempted to use a payment method to defraud OTO.

1. Any complaints should be made to support@otobike.com

2. These Terms constitute the entire agreement and understanding of the parties with respect to their subject matter and replaces and supersede all prior Terms and agreements between the parties regarding the use of OTO Services.

3. These Terms and your use of the Services are governed by the laws of Bangladesh.

1. Only you and we have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.

2. You may not assign or transfer any of your rights under these Terms in whole or in part to any other person without OTO’s prior written consent.

3. OTO may assign or transfer these Terms in whole or in part, including to:

   1. a subsidiary or affiliate;

   2. an acquirer of OTO’s equity, business or assets; or

   3. a successor by merger.

4. If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply.

5. Legal ineffectiveness of any part of these Terms does not affect the validity of the remainder of the Terms. Should a provision of the Terms be or become ineffective or unfeasible, the validity of the remainder of the Terms shall remain unaffected. In the event that a provision of these Terms is illegal, invalid or unenforceable for whatever reason, the parties shall replace that provision, or part thereof, with a provision that is legal, valid and enforceable and which has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, or part thereof.