Terms and Conditions

TERMS AND CONDITIONS OF USE

OTOCare OPC Home Car Care Services

GENERAL TERMS

1.1. Acceptance of Terms

This document sets out the terms and conditions (the “Terms and Conditions,” “Terms,” and/or “Agreement”) governing the user’s (“you”, “your”, “User”) use of the OTOCare platform, whether via mobile application or web browser, (collectively hereinafter referred to as the “Platform”), which is owned and operated by OTOCare OPC (“OTOCare”, “We” or “Us”). The Platform and all functionalities, materials, and services accessible within it shall collectively be referred to as the “Services.”

By registering, accessing, and/or using the Platform, submitting information through customer service channels, or engaging with any of the Platform’s functionalities, you:

1.1.1. warrant that you are at least 18 years of age, has the capacity to bind yourself contractually to these Terms and Conditions, and is not otherwise incapacitated to enter into this Agreement;

1.1.2. agree that you have fully read, understood, and accept these Terms and Conditions;

1.1.3. agree to be fully bound by these Terms and Conditions of your own free will and deed;

1.1.4. fully understand and acknowledge the implications, obligations, and effects of these Terms and Conditions without limitation or qualification; and

1.1.5. warrant that you will not use or access the Platform if you have any claim or reservation against any matter in these Terms and Conditions.

You expressly agree that your use of the Platform and your availment of the Services shall be governed by these Terms and Conditions and the Privacy Notice, whether such use is directly through the Platform or by other means. Should you access or use certain functionalities or products, we may require you to agree to supplemental terms and conditions. Such supplemental terms and conditions, along with the Privacy Notice, shall be deemed part of these Terms and Conditions.

To provide you with our Services in the Platform, we will have to process your personal information. To understand how we process your personal information, you may read and review the Privacy Policy which you may access here.

1.2. Nature of Service

OTOCare is a technology service provider that connects customers which require certain automotive services and/or products (“Customers”) with independent automotive service providers, such as, but not limited to, mechanics, detailers, technicians, auto body shops, parts suppliers, or vulcanizers, (“Service Providers”) in order that Customers may avail of, and Service Providers may provide, home service and roadside assistance for automotive repairs, including electrical, mechanical, body paint, and maintenance services. In using this Platform, you may either be a Customer, a Service Provider, or both.

1.3. Disclaimer

OTOCare DOES NOT provide the services offered by the Service Providers in the Platform, and DOES NOT guarantee or warrant the service quality of the Service Providers. Service Providers are not employees, agents or representatives of OTOCare. Service Providers are, likewise, Users of the Platform who may use the Platform to offer their services to and be booked by Customers through the Platform. All transactions entered into by a Customer and a Service Provider for the latter’s services are between the Customer and the Service Provider, and OTOCare is NOT a party to any such transaction and shall not be liable for any claim, loss, injury, or other issues arising from services performed by the Service Provider.

USER CONDUCT

2.1. Acceptable Use Policies. Users agree to use the OTOCare Platform and Services in compliance with all applicable laws, regulations, and these Terms and Conditions. Unauthorized use of the Platform, Services, or any of its components is strictly prohibited

You shall not:

2.1.1. attempt to gain unauthorized access to any part of the Platform or exceed authorized access levels;

2.1.2. modify, reverse engineer, decompile, disassemble, translate, license, sublicense, sell, resell, transfer, assign, distribute, make derivative works, or otherwise commercially exploit any part of the Platform, including its software and underlying technology;

2.1.3. use the Platform to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the Services, copy any ideas, features, functions or graphics of the Platform, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the Platform, or attempt to gain unauthorized access to the Platform or related systems or networks;

2.1.4. use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the Platform;

2.1.5. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the Platform;

2.1.6. send or store any infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, or material for unlawful or fraudulent purposes;

2.1.7. send spam or other unsolicited messages, or otherwise cause nuisance, annoyance, inconvenience, or make fake or prohibited illegal transactions;

2.1.8. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

2.1.9. interfere with or disrupt the integrity or performance of the Platform or the data contained therein;

2.1.10. cause damage to OTOCare’s reputation in any way; and,

2.1.11. perform any act (directly or indirectly) that is analogous to the foregoing.

2.2. Prohibited Content & Activities. While accessing or using the Platform, Users must not upload, transmit, or share any content that:

2.2.1. belongs to another person or entity without proper authorization;

2.2.2. is harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of privacy, hateful, discriminatory, unlawful, or otherwise objectionable;

2.2.3. harms minors in any way;

2.2.4. infringes any patent, trademark, copyright, design, or other proprietary/intellectual property rights of OTOCare or any third party;

2.2.5. violates any law currently in force;

2.2.6. misleads others regarding the origin of information or contains grossly offensive or menacing communications;

2.2.7. impersonates another person or fabricates a fictitious identity; or

2.2.8. contains software viruses, malicious code, or any other computer programs designed to interrupt, destroy, or limit system functionality.

2.3. User Responsibility & Accuracy of Information. Users must provide complete and accurate information when using the Platform. OTOCare relies on the accuracy of information provided until notified in writing of any changes. Users warrant that any third-party information disclosed is done with the appropriate consent, in compliance with the Data Privacy Act of 2012.

By submitting content, data, or any form of information on the Platform, you warrant that such information is complete, accurate, and non-infringing, and acknowledge that you are solely responsible for any content you submit. OTOCare shall not be held liable for any user-generated content shared on or through the Platform.

SERVICE PROVIDERS

If you are a Service Provider using this Platform, you are likewise bound by the following terms:

3.1. You are not employees, agents, or representatives of OTOCare. OTOCare does not control or supervise you or the provision by you of your services to other Users of this Platform. We do not warrant your skills, experience, or performance of your work to the Customers.

3.2. Service Guaranty. You guarantee to remediate or provide the necessary rework if the products and/or services rendered to Customer do not meet the prevailing standard of repair in the local automotive industry or if the problem reoccurs materially due to negligent, faulty or substandard workmanship by you. The timeframe for the return of the vehicle for rework shall depend on the nature of the services rendered, provided that the Service Provider is promptly informed of the issue and allowed to assess the problem.

3.3. Parts Warranty. Warranty on brand-new parts shall be honored by the manufacturer. There is no warranty for second-hand parts, as long as their condition is disclosed to the customer, nor for parts supplied by the customer.

3.4. Qualification Warranty. The Service Provider warrants and represents that the information he/she submits to OTOCare are accurate and up to date. Furthermore, the Service Provider warrants that he/she has obtained all necessary licenses, permits, certifications, and clearances required under applicable laws and regulations to legally offer and provide its services and products to Customers. This may include:

3.4.1. Business permits and registrations required to lawfully operate;

3.4.2. Professional certificates or technical qualifications (if required for the service provided);

3.4.3. Compliance with safety and labor regulations (as applicable to the nature of its services).

The Service Provider further agrees to provide proof of such compliance upon OTOCare’s request.

Service Providers listed on the OTOCare platform are independent contractors and are not employees, agents, or representatives of OTOCare. OTOCare does not supervise or control the conduct, skill, or performance of the Service Providers.

3.5. Service Provider Compliance & Penalties. To uphold high service standards, Service Providers warrant and undertake to strictly comply with certain standards and service levels. Service Providers may also be made to pay penalties in the instances described in the provisions in this section.

3.5.1. Non-Remittance of Cash Payments. Service Providers must pay the platform fees within twenty-four (24) hours from completion of a service (each instance, a “Work Order”). A Work Order is deemed completed when a service provider acknowledges in-app payment received from customer and remitted OTOcare’s platform fees. Failure to do so may result in temporary suspension, financial penalties, and/or permanent removal from the Platform, at the sole and reasonable discretion of OTOCare. Financial penalties, and the amounts and computation for the same, related to this section shall be published by OTOCare from time to time.

3.5.2. Service Quality Violations (Backjobs, Errors, & Rework). OTOCare may, at its sole discretion, cover costs due to the Service Providers’ violation of the Service Guaranty provision set out in Section 3.2 for certain service quality violations, including but not limited to cases where:

3.5.2.1. The Service Provider fails to complete the service as agreed, leading to OTOCare issuing a refund or compensating the customer;

3.5.2.2. The Service Provider causes damage to the customer’s vehicle due to negligence or improper service;

3.5.2.3. The Service Provider is unresponsive to customer concerns and OTOCare is forced to arrange for an alternative resolution; or

3.5.2.4. The Service Provider fails to return to correct errors or provide necessary rework within a reasonable timeframe.

In such event, OTOCare reserves the right to impose any or all of the following, at its sole discretion:

a. deduct the amount paid by OTOCare to Customers to cover the costs of such violations from the Service Provider’s receivables in the possession of OTOCare;

b. demand from Service Provider liquidated damages in the amount of [indicate amount] or amounting to the amount actually paid by OTOCare to the Customer, whichever is higher; or

c. suspension or termination of the Service Provider’s account from the Platform.

Despite the foregoing, and notwithstanding anything to the contrary, We do not warrant or represent that We are responsible for the services and/or products delivered by the Service Providers.

3.5.3. Staggered Notification Priority. Subject to any other supplemental terms, the responsible Service Provider will face staggered notification priority penalties:

3.5.3.1. 5-star-rated Service Providers receive immediate job notifications.

3.5.3.2. 4-star-rated Service Providers experience a 30-second delay before receiving job requests.

3.5.3.3. 3-star-rated Service Providers face a 60-second delay before receiving job notifications.

3.5.3.4. 2-star-rated Service Providers face a 120-second delay before receiving job notifications.

3.5.3.5. .1-star-rated Service Providers may be restricted from offering their services to Customers while they remain at the said rating, at the sole discretion of OTOCare. These Service Providers may, and are strongly encouraged to, undergo retraining to enhance service quality and regain visibility for job notifications. OTOCare may, at its discretion, facilitate access to third-party training institutions such as TESDA and other recognized organizations but does not mandate retraining as a strict requirement, but is not obligated to do the same. Participation in retraining programs is optional; however, service providers who voluntarily complete recognized training may improve their platform rating and eligibility for job notifications.

3.5.4. Repeated non-compliance, including multiple customer complaints, failure to complete assigned services, and/or consistent quality issues, may result in suspension or permanent removal from the platform. OTOCare reserves the right to impose additional corrective actions, including mandatory training or financial penalties, for chronic service quality failures

BOOKING AND CANCELLATION

4.1. Booking Confirmation. A Customer submits a Work Order request (“Request”) through the Platform and a Request is confirmed once accepted by a Service Provider. The Request is confirmed once a Service Provider accepts the same via the Platform, at which point the status is updated in the system and both the Customer and Service Provider are notified.

4.1.1. a Booking Fee shall cover the use of the OTOCare platform.

4.1.2. A Home Service Fee is a convenience fee that varies depending on the distance between the Car Owner and the Service Provider. If no Service Provider accepts the Work Order within a 2.5 km radius, the OTOCare app will gradually expand the search radius until a Service Provider accepts the job or the Car Owner cancels it.

4.2. Cancellation Policy. Without prejudice to supplemental terms which may be published by Us from time to time, the terms here shall govern the cancellation of Requests by Customers and Service Providers.

4.2.1. Customer Cancellation.

4.2.1.1. A Customer may cancel a Request before the Service Provider has updated their status to “On the Way” in the Platform.

4.2.1.2. If the Customer cancels after the Service Provider has updated their status to “On the Way,” the Customer shall be charged a cancellation fee.

4.2.1.3. Cancellation Fee .

4.2.1.3.1. If the Customer has no history of cancellation, the booking and home service fee will be included in the final billing, which will be paid to the Service Provider. The Service Provider will then remit the platform fees to OTOCare.

4.2.1.3.2. If the Customer has a history of cancellation and cancels again, the booking and home service fee will be charged immediately as the cancellation fee. Before proceeding with a new Request the app will require upfront electronic payment to OTOCare through a payment gateway. This payment will serve as the cancellation fee if the Customer cancels again.

If the Customer cancels beyond the 2-minute window, cancellation is still allowed provided that the Service Provider has not yet updated the status to “On The Way.” Once the status is changed to “On The Way,” the Work Order can no longer be canceled.

4.2.2. No-Show Fee. When the Service Provider has already arrived at the place where Request is to be performed but fails to perform the services engaged by the Customer due to the fault of the Customer (“Customer Default”), the Customer shall be charged a No-Show Fee of ₱300.00. Customer Defaults include, but are not limited to:

4.2.2.1. failure of the Customer to make the vehicle available for repair or provides a different vehicle for service other than that described in the Work Order;

4.2.2.2. Customer is not available or present at the place indicated in the Work Order;

4.2.2.3. the Customer materially misled, misrepresented, or otherwise failed to disclose the true circumstances of the vehicle or the services needed that renders the Service Provider unable to prepare for (i.e. by bringing the appropriate tools or materials) or perform the services, or requires a substantial change in the quote or fees in the Work Order; or

4.2.2.4. any other analogous circumstance.

If the Work Order cannot be completed due to equipment limitations, insufficient tools, or lack of technician expertise of the Service Provider, despite complete and proper disclosure by the Customer, to address the issue diagnosed or determined to be beyond the skill level of the Service Provider to address, the Customer shall not be liable for the No-Show Fee.

4.2.3. Refund. Refund eligibility shall depend on the timing of cancellation and the status of the Request. The following refund conditions shall apply:

4.2.3.1. If a cancellation is made before the Service Provider indicates they are en route, the Customer is entitled to a full refund of any prepaid amount.

4.2.3.2. If a cancellation is made after the Service Provider is en route but before service begins, OTOCare will deduct the cancellation fee from any pre-paid amount to compensate the Service Provider for time and travel costs .

4.2.3.3. If the Service Provider has arrived and commenced work, the Customer is not entitled to a refund unless the service is incomplete due to circumstances beyond the Customer’s control as set forth in these Terms and Conditions.

4.2.3.4. If a service is canceled by the Service Provider or OTOCare due to unforeseen circumstances, the Customer shall be eligible for a full refundor rescheduling at no extra cost.

4.2.3.5. Refunds shall be processed within seventy-two (72) hours and shall be credited to the original payment method used by the Customer..

4.2.3.6. Customers requesting a refund must do so through OTOCare’s customer support channels and provide the necessary proof of payment and cancellation details.

SERVICE LIMITATIONS & REQUIREMENTS

5.1. Shop Environment Requirement and Service Feasibility. OTOCare may, occasionally review (but is not mandated to) Requests and upon its reasonable determination, refrain from allowing certain Requests or otherwise cancelling pending Requests if home service is not feasible. The Service Provider may, as described in the succeeding sections, also require Requests to be performed in a shop environment. In such cases, home service is not feasible, and the Customer will be required to allow the vehicle to be brought to a designated repair shop.

5.2. Space Requirements. If the environment at the Customer’s location is not conducive to performing the necessary services, the Customer may be required by the Service Provider to allow shop environment repairs. Factors that may necessitate this include:

5.2.1. Insufficient or inadequate space to safely or properly conduct the Request;

5.2.2. Poor lighting conditions that impede visibility for technicians;

5.2.3. Exposure to adverse, inconducive, dangerous, or tough weather conditions; or

5.2.4. Any other conditions that prevent the Service Provider from rendering efficient services.

5.3. Vehicle Condition. If the vehicle is severely damaged or its condition makes home service infeasible, the Customer may be required to allow shop environment repairs.

5.4. Home Environment Limitations. A traditional home garage setting may restrict access to multiple technicians, specialized tools, or resources that are only available at a professional repair shop. Customers acknowledge that certain repairs require specialized diagnostic equipment and a team of technicians, which may not be possible in a home service setting.

Certain repairs require a fully equipped shop environment. Customers acknowledge that home service may not be feasible for:

5.4.1. Major engine repairs, transmission work, or extensive bodywork;

5.4.2. Inadequate space, poor lighting, or unsafe working conditions; and

5.4.3. Vehicles that require specialized tools or diagnostic equipment.

5.5. Delay or Cancelation of Service. Performance by Service Providers of services in the Work Order may be delayed or canceled due to:

5.5.1. Adverse weather conditions or extreme temperature;

5.5.2. Unavailability of required parts;

5.5.3. Limited diagnostic tools in a home setting where access to some advanced systems or diagnostic tools are available only in a fully equipped shop; or

5.5.4. Specialized equipment needs that can only be addressed in a workshop, limiting the types of services that can be performed in home or roadside settings.

Cancellation or delay due to the circumstances under Section 5.5. shall not be deemed the fault of the Customer or the Service Provider. Should the Service Provider determine that the Work Order cannot be fulfilled in a home setting under the circumstances identified in Section 5.5, the performance of the Work Order shall be delayed and rescheduled through the Platform. Should the Customer be unable or unwilling to bring the vehicle to a shop environment, the Request shall be canceled.

PRICING

Pricing by the Service Provider for Work Orders shall be determined based on various factors, including the type of service, complexity, location, and any applicable surcharges. The exact pricing structure, including service fees, platform charges, and any additional costs, shall be specified in the Platform and made available to Customers through the Platform in accordance with Article 81 of the Consumer Act of the Philippines, and other relevant laws, rules and regulations.

Customers acknowledge that final service costs as charged by the Service Provider may vary due to unforeseen circumstances, such as additional labor, required parts, or necessary repairs beyond the initially agreed scope of work.

PAYMENT AND REMITTANCE

7.1. In-app Payments. Customers may pay for the Work Orders and Requests performed via in-app payment options available in the Platform. OTOCare shall withhold the necessary taxes, where applicable, and deduct the fees due to OTOCare before payment is remitted to the Service Provider through their designated and chosen digital wallet.

7.2. The Service Provider shall remain fully and exclusively responsible for the taxes due in connection with the amounts due to the work performed. OTOCare shall not be liable for any of the tax liabilities of the Service Provider.

7.3. Cash Payments. Customers may pay the Service Provider in cash after completion of the Work Order. Where Customers opt to pay in cash, the following process shall apply:

7.3.1. The Customer shall pay the full amount directly to the Service Provider upon completion of the Work Order.

7.3.2. The Service Provider shall remit the platform fees due to OTOCare within twenty-four (24) hours via the designated remittance channels.

7.3.3. If the Service Provider fails to remit the required fees within twenty-four (24 hours from receipt of the payment from the Customer, the Service Provider shall be restricted from accepting new Work Orders through the Platform. Such restriction shall remain in place until the outstanding remittance is fully settled. Repeated failure to remit within the prescribed timeframe may result in additional penalties.

7.3.4. OTOCare shall withhold the necessary taxes and deduct OTOCare’s share in the fees before payment is remitted to the Service Provider through their designated and chosen digital wallet.

7.3.5. Failure to remit within the prescribed period may result in penalties, temporary suspension, or permanent removal from the platform. Staggered notification priority may also apply.

7.3.6. OTOCare reserves the right to conduct periodic audits to ensure compliance with remittance policies.

7.3.7. Service Providers shall submit proof of remittance through the OTOCare Platform.

Repeated failure to comply with remittance obligations may lead to additional legal actions or financial penalties as deemed necessary by OTOCare. This process ensures proper financial accountability and adherence to regulatory requirements.

7.4. Transaction Security and Fraud Prevention. OTOCare implements secure payment processing to protect customers and service providers from fraudulent transactions. Any security breach or unauthorized transaction detected must be reported immediately to OTOCare’s customer support.

LIABILITY

8.1. Limitation of Liability.

8.1.1. In no event will OTOCare be liable to the Users, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including, without limitation, damages for lost revenue, profit, or business arising out of or relating to the Platform.

8.1.2. To the fullest extent allowed by law, t he Platform is provided “AS IS” and with all faults, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. OTOCare makes no warranty that the Platform is free of defects or is suitable for any particular purpose. OTOCare does not warrant that the content published on the Platform is accurate. In no event shall OTOCare be responsible for loss or damages arising from the installation or use of the Platform, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.

8.1.2.1. In any case, OTOCare’s total liability (whether in contract, warranty, tort, or otherwise) arising out of or relating to these Terms and Conditions shall not exceed the amounts already paid by you to OTOCare, if any, in the six (6) months preceding the filing of the complaint.

8.1.3. You may have access to services of third parties through our Platform (the “Third Party Platforms”). In those cases, said Third Party Platforms shall be subject to the terms, conditions, and limitations imposed by those third parties, which shall also be binding on you. We reserve the right to reject or refuse any Third Party Platforms used by you in conjunction with our Platform.

8.1.4. When a Customer avails of the services of a Service Provider, the Users understand and agree that (i) OTOCare is not a party to the contract between the Customer and the Service Provider, or to the third party service provider or subcontractor engaged by either the Service Provider or the Customer; (ii) OTOCare is under no obligation to monitor the Users; (iii) the Users will be responsible for all obligations under their contract or agreement relating to a Work Order or Request, including (without limitation) warranties or representations. OTOCare shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect related to the goods and/or services, and no warranty, or indemnity of any kind shall be given or deemed to be given by OTOCare in respect thereof.

8.1.5. Should a dispute arise due to the acts and omissions of the Customer or the Service Provider, the Customer and Service Provider shall exert best efforts to resolve the dispute amicably. Should either of the parties demand that We intervene, the parties agree to resolve the issue according to Section 12 of these Terms and Conditions. The breaching party will be liable for compensation. In the absence of willful misconduct or gross negligence on the part of OTOCare, OTOCare cannot be held liable for any damage or loss you may suffer due to your use of the Platform.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the OTOCare, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the OTOCare or any third party, including but not limited to the non-fulfillment of any of your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

PRIVACY POLICY

The Company protects user information in accordance with its Privacy Policy which provides a description of the manner in which the Company collects, stores and processes the personal information provided by you. The Privacy Policy defines the policy of the OTOCare relating to the information which is submitted by the customer or collected through automated means, manner of processing and use of such information as well as rights of the Company to disclose such information to external third parties and service providers of the Company. The Privacy Policy also specifies the manner in which the Company may retain your information, duration of such retention and security measures implemented to protect the privacy and confidentiality of your information.

OWNERSHIP AND PROPRIETARY INFORMATION

11.1. Intellectual Property Rights. The content, information, and materials available on the Platform, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the overall selection and arrangement of such materials (collectively, the “Materials”), are proprietary to OTOCare and/or its licensors, suppliers, publishers, rights holders, or other content providers. The Platform and all Materials are protected by all applicable intellectual property laws, including the Intellectual Property Code of the Philippines.

All OTOCare logos, branding, and product or service names displayed on the Platform are owned by OTOCare and/or its licensors and may not be copied, imitated, or used in any manner without prior written consent. Additionally, the distinctive design elements of the Platform, including but not limited to page headers, graphics, button icons, and scripts, constitute OTOCare’s service mark, trademark, and/or trade dress and are likewise protected from unauthorized use.

11.2. Limited License. Subject to the terms, conditions, and restrictions set forth in this Agreement, OTOCare grants users a limited, non-exclusive, personal, non-sublicensable, and revocable license to access and use the Platform. Under this license:

11.2.1. Users may view the Materials for personal, non-commercial use.

11.2.2. Businesses may use the Platform for internal and legitimate business purposes.

11.2.3. Users may not modify, reverse-engineer, translate, decompile, or disassemble any part of the Platform or Materials.

11.2.4. Users may not remove or modify any copyright, trademark, or proprietary notices present in the Platform.

11.2.5. Users may not engage in data mining, automated data extraction, or unauthorized framing of any part of the Platform.

11.2.6. This license does not grant users any ownership rights over the Platform or its Materials. Any unauthorized use of the Platform beyond the scope of this license shall be deemed a violation of OTOCare’s intellectual property rights.

11.3. Links to Third-Party Websites. The Platform may contain links to third-party websites, applications, or content (“Third-Party Content”). Users acknowledge that:

11.3.1. OTOCare does not monitor, control, or endorse Third-Party Content.

11.3.2. OTOCare makes no representations regarding the accuracy, quality, security, or reliability of User-submitted content and/or Third-Party Content.

11.3.3. Users access Third-Party Content at their own risk and should review the applicable terms and policies of such third parties before engaging in transactions.

11.4. User Submissions and Feedback. Users acknowledge that any suggestions, comments, ideas, improvements, or other feedback (collectively, “Suggestions”) provided to OTOCare in connection with the Platform may be freely used, disclosed, modified, reproduced, transferred, and distributed by OTOCare without compensation or credit to the user. By submitting any Suggestions, users waive all ownership claims and agree that OTOCare may incorporate such feedback into its platform or services as deemed necessary.

11.5. User Materials. In using the Platform you may upload, submit, post or otherwise provide to us User content, which shall include photographs, video footage, audio recordings, text, and other media materials (“User Materials”). By uploading in, submitting to, posting on or otherwise providing the Platform User Materials, you irrevocably grant OTOCare a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display, distribute, sublicense, or otherwise provide to others, your User Materials, including without limitation to name and likeness, in any and all media, formats, and for any purpose, in any format or medium now known or hereafter developed, without further notice or compensation to you. For the avoidance of doubt, you also grant to OTOCare the right, but not the obligation, to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.

Should you wish to request removal of any of the content, you may contact us via our Customer Support mechanisms outlined in Section 21 of these Terms.

INTERNAL REDRESS MECHANISM

In compliance with Section 24 of the Internet Transactions Act of 2023, OTOCare provides an Internal Redress Mechanism for customers and service providers to resolve disputes prior to seeking legal action or external mediation.

12.1. An aggrieved party must first submit a formal complaint through OTOCare’s customer support channels.

12.2. OTOCare shall acknowledge receipt of the complaint and initiate an internal review within 72 hours.

12.3. The resolution process shall not exceed seven (7) calendar days from the date of filing.

12.4. If the complaint remains unresolved after the 7-day period, the aggrieved party may escalate the dispute to the relevant government agency or the appropriate court.

CANCELLATION OF ACCOUNT AND TERMINATION OF YOUR ACCOUNT

13.1. Any action that OTOCare considers inappropriate or violates the spirit of this Agreement, shall give OTOCare the right to modify or terminate your access, without prior notice or consent. Further, OTOCare may stop providing the Services, the Platform or any part thereof at any time with or without notice. After the suspension or termination of the account, OTOCare is not obligated to retain any information in the account or related to it, or to forward any information that has not been read or sent to you or a third party. In addition, you agree that OTOCare does not bear any liability for terminating this Agreement to Users or any third party.

13.2. OTOCare has the right to modify, delete or take other restrictive measures regarding your access to the Platform or account, without notifying you, for the following reasons:

13.2.1. You perform an act that violates this Agreement;

13.2.2. You provide information that is fraudulent or false;

13.2.3. You provide scam or irrelevant information;

13.2.4. You engage in malicious activities that disrupt or attempt to disrupt normal transactions;

13.2.5. You perform an act or omission that violates law, public interest, public morals, or acts that may cause serious damage to the legal interests of OTOCare and its users;

13.2.6. You directly or indirectly perform any act analogous to the foregoing reasons.

13.3. On termination or expiration of these Terms and Conditions for any reason, you shall:

13.3.1. no longer be allowed to access your account which shall be immediately deleted and fully removed from the Platform, subject to the retention of information in accordance with our Privacy Notice;

13.3.2. immediately cease using the Platform;

13.3.3. within three (3) days pay any amounts owed to OTOCare, which shall become immediately due and payable on termination or expiry of these Terms and Conditions.

13.4. The Parties shall have no further obligations or rights under these Terms and Conditions after termination or expiry of the Terms and Conditions, without prejudice to any obligations or rights which have accrued to either party at the time it is terminated, save that the provisions on confidentiality of these Terms and Conditions and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms and Conditions.

13.5. You may request the deletion of your account at any time. Once the Platform evaluates and accepts the request, this account shall be terminated. OTOCare shall retain the following rights even after the deletion of your account:

13.5.1. the right to process registration information and previous transaction record;

13.5.2. the right to exercise its rights stipulated in this Agreement; and

13.5.3. the right to pursue and defend legal claims.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed under the laws of the Republic of the Philippines. Any disputes shall be resolved in the appropriate courts of the City of Koronadal, Philippines.

SEVERABILITY

The invalidity or unenforceability of any particular provision of any provision in the Terms will not affect the other provisions hereof, and these Terms will be construed in all respects as if such invalid or unenforceable provision were omitted.

AMENDMENTS AND REVISIONS

You explicitly agree that:

16.1. These Terms and Conditions and the Privacy Notice may be amended from time to time by the Company by updating their respective pages; and

16.2. This provision does not violate the principle of mutuality of contracts, and has been agreed to freely and voluntarily by you. In compliance with applicable privacy laws, should substantial changes be made to the Privacy Policy, We will inform you and ask for your consent, where required, to be bound to such changes.

You are responsible for regularly visiting this Platform, to be updated on any changes made to these Terms and Conditions. Under certain circumstances we may also elect, at our sole discretion, to notify you of changes or updates to our Terms and Conditions by additional means, such as pop-up or push notifications within the Platform.

Continued use or access of the Platform within twelve (12) hours after changes are posted, constitutes your acceptance of these Terms and Conditions as modified.

CUMULATIVE REMEDIES

All rights and remedies available to the OTOCare under these Terms shall be cumulative remedies.

NO WAIVER

If OTOCare delays exercising or fails to exercise or enforce any right or interest available to OTOCare under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

SERVERABILITY

If any of the provisions in these Terms and Conditions is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms without affecting the validity, efficacy, and enforceability of all the other provisions.

ASSIGNMENT

OTOCare reserves the right to transfer the operation of the Platform, as well as our rights and obligations under these Terms and Conditions to any party without notice.

CONTACT US

For any inquiries, please contact:

Customer Support Email:

Customer Support Hotline: