Last Updated 28 November 2017
OATHELLO TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Terms") on which we, Oathello Network Limited ("we" or "Oathello"), provide booking and payments services through our mobile application ("App"), use of which is subject to these Terms. By booking services via the App or providing services via the App (whether now or in the future), you agree to be bound by these Terms.
We reserve the right to change these Terms from time to time by changing them on this page. These Terms are only in the English language.
For the avoidance of doubt, please note that references to "App" in these Terms include any current or future version of our mobile application through which you access services, whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate or related mobile application for accessing our App or services that may be developed from time to time).
By downloading, installing and accessing any part of the App, you indicate that you accept these Terms. If you do not accept these Terms, you should exit and uninstall the App from your mobile device immediately, and you will not be able to book or provide any services through the App.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Oathello is a company registered in Ireland with registered company number 58051.
1.2. VAT number: Our VAT number is 3418246RH
1.3. Service: We provide a way to connect with commissioner for oaths, solicitors, and notaries to book or provide witnessing and notary services (Services) and arrange payments for same.
2. ACCESS AND TERMS
2.1. Acceptance of terms: By downloading, installing and accessing any part of the App, you indicate that you accept these Terms. If you do not accept these Terms, you should exit and uninstall the App from your mobile device immediately, and you will not be able to book or provide any services through the App.
2.2. Revision of terms: We may revise these Terms at any time. You should check the App regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you book or provide any Services through us.
2.3. Responsibility: You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these Terms and that they comply with them.
3. OUR STATUS
3.1. Capacity and age: By signing up on the App, you warrant that:
3.1.1. If booking services, you have legal capacity to book witnessing or notary services; and
3.1.2. If providing services, you are and will remain compliant with all professional rules and/or codes of conduct whether statutory or non-statutory as applicable to members of the Law Society of Ireland and/or the Faculty of Notaries of Ireland and/or any other professional accreditation body applicable or connected to the provision of legal services in Ireland. Please read Appendix 1 for required standard and best practice for witnessing documents within the Oathello app.
4. PRICE AND PAYMENT
4.1. VAT and delivery costs: Prices include VAT but may exclude delivery costs and any callout or administration charges applied by the commissioner for oaths, solicitors or notaries that provide services through the App. These will be added to the total amount due where applicable.
4.2. Payment methods: Payments on the App must be made by an accepted credit or debit card through the App at the point of transaction.
4.3. Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5. CUSTOMER CARE
5.1. General: Customer care is extremely important to us. We will try to assist you where possible if you have any problems with your use of the App. You can contact us on email@example.com for 24/7 help or support with any query you may have.
6.1. Terms of permitted use: You are permitted to use the App for professional use on the following basis:
6.2. You must not misuse the App (including by hacking or "scraping").
6.3. Unless otherwise stated, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the App and any use of the App not specific to the providing or booking of services through the App, either directly or indirectly, is prohibited.
6.4. You must ensure that our status as the author of the material on the App is always acknowledged.
6.5. You are not allowed to use any of the materials on or connected to the App for non-professional commercial purposes without obtaining a licence from us to do so.
6.6. Limitation on use: The App may not be used, and no part or step of the App may be reproduced or stored in any other app, website, server or included in any public or private electronic retrieval system or service, without our prior written permission.
6.7. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
7. SERVICE ACCESS
7.1. App availability: While we try to ensure the App is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the App is unavailable at any time or for any period.
7.2. Suspension of access: Access to the App may be suspended temporarily at any time and without notice.
Exclusion of terms: We provide you with access to the App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise ).
9.1. General: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.
9.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Services or the App (including the use, inability to use or the results of use of the Service or the App) for:
9.2.1. any loss of profits, sales, business, or revenue;
9.2.2. loss or corruption of data, information or software;
9.2.3. loss of business opportunity;
9.2.4. loss of anticipated savings;
9.2.5. loss of goodwill; or
9.2.6. any indirect or consequential loss.
9.3. Limitation of liability: Subject to these Terms, our total liability to you in respect of all other losses arising under or in connection with the Service or the App whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your booking or €100, whichever is lower.
9.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
10.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the App or Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have used the App in breach of these Terms and upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App.
11. WRITTEN COMMUNICATIONS
11.1. When using the App you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. EVENTS OUTSIDE OUR CONTROL
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event").
12.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1. strikes, lock-outs or other industrial action;
12.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5. impossibility of the use of public or private telecommunications networks; and
12.2.6. the actions, legislation, regulations, orders or restrictions of any government.
12.3. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
13. ADDITIONAL TERMS
13.3. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.4. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us in your use of the App and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
13.6. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
13.7. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms shall be governed by and construed in accordance with the laws of Ireland. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ireland.
By visiting and/or using the App, you agree and where required you consent to the collection, use and transfer of your information as set out in this policy.
1. INFORMATION THAT WE COLLECT FROM YOU
1.1. When you visit the App or use the App to book or provide services through the App, you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information).
2. USE OF YOUR INFORMATION
2.1. Your information will enable us to provide you with access to the relevant parts of the App. It will also enable us to pay or bill you as necessary and enable us to contact you where necessary concerning services you book or provide through the App. For example, we and/or the commissioner, solicitor or notary may use your information to provide you with status updates or other information regarding your booking by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud.
2.2. We may use your information to contact you for your views on the App and services booked or provided through it and to notify you occasionally about important changes or developments to the App.
2.3. By creating an account you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing. We may contact you to do so by telephone, SMS and email and if you use our mobile application, via push notification. It is always your choice whether to continue receiving such marketing materials and updates from Oathello. If you no longer wish to receive such information, you can manage your preferences for email and SMS marketing communications or opt-out at any time by emailing firstname.lastname@example.org.
3. DISCLOSURE OF YOUR INFORMATION
3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside the European Economic Area, and may be accessed by or given to our staff working outside Ireland and third parties including companies within the Oathello group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you. Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is treated in accordance with this policy.
3.3. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.4. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Terms and any other agreement; or to protect our rights or the rights of any users or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1. We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period in accordance with the purposes for which we have collected such information or as long as the law requires.
4.2. Where you have chosen a password which allows you to access certain parts of the App, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
5. ACCESSING AND UPDATING
5.1. You have the right to see the information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 7 below. In the event that you make an Access Request, we reserve the right to charge a fee of six euro and thirty-five cents (€6.35) to meet our costs in providing you with details of the information we hold about you.
7.1. All comments, queries and requests relating to our use of your information are welcomed and should be addressed by email to email@example.com.