👏 Thank you for using Otis!
This Agreement governs your use of the Otis Service (including your use of the Otis App and/or Otis Website) and your use of the Software (as defined in clause 4.2 below). You agree to this Agreement by clicking “I agree” (or other similar industry standard wording) during the Otis registration process when registering an account to access the Otis Service (Account) and during other instances following registration of your Account. If you do not agree to be bound by the terms of this Agreement, you may not use the Otis Service.
When these Terms mention “Otis,” “we,” “us,” or “our,” it refers to Otis Life Pty Ltd.
If you have any questions about this Agreement, please email us.
Otis is a service that provides its customers with an experience to help connect with people that matter to you across the Otis community to discuss a wide range of movies, television programs, sports and other audio-visual content (Otis Service). Otis is currently available on most Android and Apple iPhone devices (Supported Device). We may change the Supported Devices from time to time. The Otis Service allows you to search, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (Content).
This Agreement incorporates your Account details and this Agreement.
We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect. If you do not agree to any change to the terms of this Agreement, you must discontinue use of the Otis Service.
2. Eligibility and Registration
- be at least 16 years of age; • provide us with your email address;
- accept the terms of this Agreement; and
To access the Otis Service, you must:
- register an Account;
- have a Supported Device that is connected to the internet; and
- install the Otis App (if necessary).
3. Pre-Launch Access
3.1 Otis may offer some users the opportunity to participate in a pre-launch access to the Otis Service (Pre-Launch Access) which is subject to Otis’s sole discretion.
3.2 We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Pre-Launch Access at our absolute discretion, including that we reserve the right to revoke your Pre-Launch Access and put your Account on hold in the event that we determine you are not eligible.
3.3 By agreeing to participate in the Pre-Launch Access you agree, at the reasonable request of Otis, to provide feedback, engage in focus groups, fill in surveys and any other matters that Otis may deem relevant to the Pre-Launch Access.
3.4 Otis reserves the right to delete all information in relation to your Pre-Launch Access Account and you acknowledge that you may need to create a new Account to use the publicly available release of Otis when it becomes available.
3.5 Due to the sensitivity of allowing a user Pre-Launch Access, you acknowledge that you must not allow any unauthorised user (without the prior consent of Otis) to access or view the Otis Service, Otis App or Otis Site and must comply with the confidentiality provision within this Agreement.
3.6 For the avoidance of any doubt, clause 5 survives any cancelation, revocation, suspension and termination of the Pre-Launch Access.
3.7 All Pre-Launch Access Users will be subject to the remainder of this Agreement.
4. Usage and Your Account Registration
4.1 The Otis Service, the Software and any Content that you view via the Otis Service are for your personal and non-commercial use only and may not be made available to view in any commercial premises.
4.2 We grant you a limited, non-exclusive, personal and non-transferable license to:
- access the Otis Service and view Content through the Otis Service; and
- install and use any software and/or applications (including, without limitation the Otis App) provided to you by or on behalf of us in connection with your use of the Otis Service (Software) in object code form only solely for the purpose of accessing the Otis Service and viewing Content through the Otis Service, subject to the terms and conditions set out in this Agreement.
4.3 All users agree to comply with Otis’s Community Guidelines as follows:
- you are responsible for any activity that occurs under your Account;
- you will keep your password secure;
- you must not abuse, harass, threaten, impersonate or intimidate other Otis users;
- you may not use the Otis Service for any illegal or unauthorized purpose;
- users outside of Australia agree to comply with all local laws regarding online conduct and acceptable content;
- you are solely responsible for your conduct and any data, text, information, screen names, photos and profiles that you submit, post, and display on the Otis service;
- you must not modify, adapt or hack Otis or modify another website so as to falsely imply that it is associated with Otis;
- you must not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person’s rights (including without limitation intellectual property rights) or is otherwise objectionable to us;
- you must not create or submit unwanted emails or comments to any Otis members;
- you must not use web URLs in your name without prior written consent from Otis; and
- you must not transmit any worms or viruses or any code of a destructive nature.
(together, the Community Guidelines).
4.4 Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Otis Service, Otis Website or the Otis App.
4.5 You must only use the Otis Service (and view any Content on the Otis Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
4.6 Except for the limited licence granted under clause 4.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.
4.7 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Otis Service (including your internet and mobile usage).
4.8 The Content on the Otis Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability.
4.9 You are also responsible for maintaining and regularly updating the accuracy of the information you provide to us relating to your Account. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.
4.10 As a web based service, we may undertake maintenance or upgrades to the Otis Website and/or the Otis App from time to time, and there may be unplanned outages to the Otis Website and/or the Otis App. Such maintenance, upgrades or outages may affect your ability to access the Otis Service. We will use our reasonable endeavours to limit such incidents.
4.11 From time to time, you may be required to upgrade the Software to continue using the Otis Service. If you decline an upgrade, you may not be able to use or access the Otis Service.
4.12 You must not remove any proprietary notice of us or any of our licensors from the Content, the Software, the Otis App or the Otis Website.
5. Confidential Information 🕵️♂️
- keep the Confidential Information confidential and not directly or indirectly disclose, divulge or communicate that Confidential Information to, or otherwise place that Confidential Information at the disposal of, any other person without the prior written approval of Otis;
- take all reasonable steps to secure and keep secure all the Confidential Information coming into your possession or control;
- only use the Confidential Information to the extent necessary to use the Otis Service under these Terms;
- not memorise, modify, reverse engineer or make copies, notes or records (in any format, digital or otherwise, this includes but is not limited to screenshots, videos, image, voice or text sharing to anyone who has not been provided Pre-Launch Access) of the Confidential Information for any purpose other than in connection with, and to the extent required for, the use of the Otis Service under these Terms; and
- you will indemnify Otis against any loss or damage suffered by Otis as a result of a breach of any of the obligations of confidentiality contained in these Terms.
The obligations of confidentiality listed above do not apply to any information that is:
- or becomes generally available to the public (other than by reason of a breach of these Terms); or
- required to be disclosed by law; or
- you can demonstrate was lawfully in your possession at the time of disclosure to the you and which you acquired otherwise than from Otis. You must, on the request of Otis, immediately deliver to Otis all Confidential Information which is in your possession, power or control, or in the possession, power or control of persons who have received Confidential Information from you.
These provisions regarding Confidential Information will be in addition to and not in derogation of any of the common law rights of Otis with respect to the Confidential Information. These provisions remain in effect when you discontinue using the Otis Service. Confidential Information means: (a) the existence, scope, nature, duration and terms of this trial; and (b) app functionality; designs; source code; key features; and developments.
6. Suspension and Cancellation
6.1 We may, at our absolute discretion, cancel this Agreement or your Account at any time, in addition to the circumstances specifically set out in clause 6.2 below.
6.2 We may immediately suspend, restrict or cancel your Account or access to the Otis Service:
- where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
- if you use the Content or the Otis Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors;
- if you breach any term of this Agreement;
- if you breach our Community Guidelines;
- if we suspect the occurrence of any identity theft or other fraudulent activity; or
- if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.
7. Intellectual Property
7.1 All Content on or available through the Otis Service (including the Content, and all other works, subject matter and other material comprising or available on the Otis Website and the Otis Apps) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the Otis Service and Software is subject to, all relevant intellectual property laws.
7.2 We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.
7.3 Otis is a trademark of Otis Life Pty Ltd. Otis’s graphics and logos are trademarks of Otis Life Pty Ltd. Otis’s trademarks may not be used in conjunction with any product or service other than the Otis Service. All other trademarks that appear on the Otis Website and/or the Otis Apps that are not owned by Otis Life Pty Ltd are the property of their respective owners.
8.1 To the maximum extent permitted by law (but subject to clause 8.2):
- the Otis Service and all Content and Software and any other features or functions associated with the Otis Service, are provided “as is” and “as available” with all faults and without warranty or condition;
- we do not make any promises or assurances to you about the Otis Service, the Content or the Software, including without limitation that your use of the Otis Service or the Software will be uninterrupted or error-free;
- we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other Content available on or via the Otis Service, the Otis Website or the Otis App and we do not accept any liability in relation to your reliance on such information, advice or other Content;
- all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Otis Service or otherwise in connection with this Agreement are expressly excluded;
- we will not be liable for any loss or damage (including special, indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Otis Service (including the Otis Website and the Otis App).
8.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under statutory guarantees pursuant to applicable consumer protection laws that cannot be excluded,
including the Competition and Consumer Act 2010 (Cth)
8.3 You are responsible for all acts and omissions of any person who uses your Otis Service.
8.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an “indemnified party”) from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with your use of the Otis Service, including in connection with any content, information or other material posted on the Otis Website or App from your Account, or any other information you provide to us, unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default or gross negligence.
9. General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Otis and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Otis and you in relation to the access to and use of the Otis Platform.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
9.3 No Waiver
Otis’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The exercise by Otis of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
9.4 No Advice
You acknowledge and agree that the Content you receive through the Otis Service is intended for informational and entertainment purposes only. The Content does not constitute financial, legal, medical, professional or healthcare advice or diagnosis and cannot be used for such purposes.
9.5 Governing Law and Jurisdiction
This Agreement shall be construed in accordance with and shall be governed by the laws in force in the State of New South Wales.
Each of the Parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of New South Wales or the Commonwealth of Australia and any courts of appeal from these courts.