Terms and Conditions – Otayo.com
This page defines the terms and conditions of using the website, Otayo.com and the services we offer.
By using or visiting Otayo.com, or purchasing tickets in any manner from the Otayo Marketplace, you acknowledge and agree that you have read, understood and accepted the following Terms and Conditions.
Our aim is to be as professional, efficient and courteous as possible with our users, customers and business partners. As such, it is important to know the terms and conditions and who we are. This is a legal document which is the agreement between Otayo (whom we refer to as “Otayo”, “Otayo.com”, “we”, “our” and “us”) and the User and/or Customer (referred to as “you”, “your”, “he”, “she”, “the User”, “the Ticket Holder” or “the Customer” in this document) who is the person using the site, registered to the site, and/or purchasing any tickets or services, including also all bookings made for one, two or more people; these terms are applicable for all the people in your group, referring to any person who will accompany you or is to attend the booking; for the avoidance of doubt any individual you make a booking on behalf of.
It is taken that you are the lead contact for your group and that therefore all correspondence and conversations in respect of arrangements for yourself and all members of your group will take place between you and us. Thus you are agreeing to the Terms and Conditions that appear below, all of which are called the “Agreement”. We reserve the right to amend these terms and conditions at any time. No alteration to these conditions shall be effective unless expressly agreed to in writing by the director of Otayo.
When these Terms use the term “Organizer,” we mean event creators, event producers and event organisers using the Services of Otayo to create and sell events.1.0 The Otayo Marketplace
1.1 Otayo acts as a ticket marketplace with the services of Otayo.com and Rézo Otayo, the official point of sales of Otayo, located around the island. This means that we are an intermediary between ticket buyers and ticket sellers, allowing ticket buyers to find tickets for all events. It also means that Otayo is not responsible for the event particulars including but not limited to ticket price, venue, promotion, date etc. Otayo does not represent any official organizer of the events listed.
1.2 Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.2.0 Accounts
2.1 In order to use some parts of the Website, you may need to create an account. To create an account on Otayo, you must be at least 18 years old. An account offers you easy access to purchasing events (you will not have to re-enter your information each time you make a reservation), viewing your account history as well as automatically signing you up for the Otayo Loyalty program – Otayo Rewards. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account.
2.2 Registration and your account. To register for an account, you must provide us with your name, email address, password and possibly other personal information. Or you can create an account on Otayo using your social media logins from Facebook, Instagram or Google. All accounts must be registered with a valid personal email address that you access regularly. All accounts that have been registered with someone else’s email address or with a temporary email address may be closed without notice. We may ask users to revalidate their accounts if we believe they have been using a valid email address. You must ensure that your password is kept confidential and must inform us immediately if you have reason to believe that your password is known to an unauthorized third party or if there is any unauthorized use of your e-mail address and your account. You agree that we are not responsible for the transactions and usage that occur under your account and that you are solely responsible if you do not manage the confidentiality of your password. If you have any questions or need assistance in any way, please contact our customer service at firstname.lastname@example.org Event and Ticket Listings
3.1 Buyers may search Otayo.com for a specific event, event date or other search category. Each listing contains the event name, date, event details and price per ticket. Otayo does not guarantee the accuracy of any information provided about the event.
3.2 The products, which are in particular: events, concerts, shows, theater, entertainment packages, sporting events or any other product or service offered on the Otayo.com website is valid within the limits of availability and they are provided to the customer through Event Organisers and third parties.
3.3 The photos, illustrations and other promotional material used for the description of the event are for the purpose of exemplifying events of the same type. We cannot guarantee that all of the photos advertised and used on our website illustrate the exact event offered. The only purpose of these photos is to give customers a better idea of the event. The descriptions and media content on Otayo are given as approximate representations, but in good faith.
3.4 Expected starting and ending times for events are based on normal road, weather and operational conditions and this may change if conditions are unfavorable or due to unforeseen operational problems. Otayo.com aims to be precise on the details appearing on its website but we make no commitment as to the accuracy and/or reliability that you will obtain from using our websites and material, or may request a compensation or refund due to a difference in the starting or ending time of an event.4.0 Selecting and Purchasing Tickets
4.1 The user by using the Otayo.com site or processing a booking via the site hereby confirm that they read and accept i) the terms and conditions of Otayo.com ; ii) the terms and conditions of the event; and iii) the regulations of the event before making a booking. Once a booking has been made, the user will be bound by these terms and conditions and will receive a confirmation email.
4.2 Online bookings and purchases. Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will be required to enter your name and address, and provide payment information. You can do this by either creating an Otayo account, logging in with your existing Otayo account or proceeding with Guest Checkout, which does not require an account. You will also be able to review the ticket details, total order price, and service and order processing fees. The total order value will include a service and delivery fee that is added by Otayo to the price of the tickets set by the seller. The service, processing fees and delivery fees cover the costs of company operations, including connecting buyers to sellers with premium inventory to listed events, premium customer service, website improvements, and safe and secure checkout and delivery of ordered tickets.
4.3 Other booking and purchasing methods. Tickets for events may also be purchased through phone bookings by calling 466 9999 or through any of the Rézo Otayo points of sales.
4.4 By placing an order, you authorize Otayo to charge your method of payment for the total order amount. Upon order confirmation, your method of payment will be charged and you will receive your ticket(s).5.0 Ticket Availability and Price
5.1 Event Organizers set the number of tickets available for an event, and their pricing. Ticket Prices and availability are subject to change.
5.2 Ticket prices include VAT. Should additional fees or taxes be levied by the government, authorities or the Event Organiser then Otayo may revise the ticket price and/or charge additional fees accordingly.
5.3 Otayo may revise and change ticket prices without notice. Ticket prices are applicable as at the time of purchase and customers are not permitted to return tickets or cancel an order due to a ticket price change. Furthermore, customers will not be entitled to a refund, credit or any form of compensation.6.0 Reserved and Seated Events
6.1 Certain events are reserved or seated events. When booking your tickets, you will have the option of selecting your ticket category and/or your seat(s) from the seating map if applicable. You only have the right to a category/seat at the Event of a value corresponding to the price paid.
6.2 You agree and acknowledge that Otayo has not guaranteed or made any warranties or representations to you in relation to the accuracy of the location of your seat or standing place relative to the stage as indicated on the seating plan prepared for the Venue.7.0 Payment
7.1 By placing your order, you authorise Otayo to charge your method of payment for the total amount, which includes the ticket price, processing fees, and service and delivery fees. The data recorded by Otayo will constitute proof of all transactions by Otayo and its customers. When you submit this information after the order process, you accept all of these terms and conditions.
7.2 We accept payment by Credit card (Visa and Mastercard) Bank Transfer and MCB Juice for all online and phone bookings. For bookings made at the Rézo Otayo point of sales, payments by Debit Card, Credit Card and Cash are accepted. You can always contact us directly to discuss the most appropriate payment methods such as payment via the office, payment by bank transfer, transfers via Juice MCB or have the payment made directly in cash at the head office of Otayo.com or at the official Rezo Otayo point of sales.
7.3 Otayo.com uses the MIGS MasterCard secure online payment system operated by the Mauritius Commercial Bank (MCB). MasterCard guarantees a high-level of protection when providing your credit card number. Information regarding your payment is not accessible to third parties and is not communicated to us; it is only kept on the secure database of MasterCard.
7.4 For web orders, should the customer choose the option of paying via credit card, a full payment by credit card is required to make a reservation. Payment must be made with a valid credit card. Credit cards which are accepted are VISA and MasterCard. The order confirmed by the client will be considered valid only when approved by MasterCard. After placing your order, your credit card shall automatically be debited with the full amount due. Once the payment is cleared, you will receive an automated confirmation email of your order. If MasterCard does not approve the transaction, the order will be automatically cancelled and the client will be informed by email.
7.5 For some banks, it is necessary to make an official request to access and use our online payment service.Under no circumstances will Otayo be liable for any kind of commission that your bank might charge you for payment paid to Otayo.
7.6 In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, Otayo has the right to seek payment, including all associated fees, by whatever means necessary, including using legal proceedings.
7.7 Customers using chargebacks will be reported to all major credit bureaus as a delinquent collection account.
7.8 For payments made in cash at the Rezo Otayo Point of sales. Should any issue or mistake in payment occur, then, it is your responsibility to inform Otayo immediately so that the issue can be managed and resolved as soon as possible. If the issue is not brought to the attention of Otayo within 2 hours from the time of cash payment, then Otayo will not be able to assist and cannot be held responsible for any losses you may incur.8.0 Service fees and order processing fees
8.1 In almost all cases, Otayo adds a service or ticket fee to the nominal ticket price. Service fees vary from event to event, based on our agreement with each Event Organiser. With the ticket service fee, an order processing fee is usually charged. Unlike the service fee, which is added to each ticket, the order processing fee is charged once per order. Processing fees offset the costs of company operations including but not limited to processing tickets, website services, and customer service. Tickets purchased are subject to a non-refundable processing fee per order as well as a non-refundable processing fee per ticket.9.0 Pricing and Programming Errors
9.1 A large volume of tickets are listed on Otayo and we make every effort to prevent pricing errors. Otayo does not guarantee against pricing errors or programming issues and reserves the right to not process orders or to cancel orders for a ticket which has an incorrect price or where the price has been incorrectly displayed or problems with programming occurred and resulted in an error. If this happens, Otayo.com will notify you by email and or by phone, the order will be cancelled and a full refund will be given.10.0 Delivery of Tickets
10.1 Once payment has been received and a booking is confirmed, tickets may be delivered via email as an e-ticket or physical printed tickets if the purchase was made at a point of sale or if the purchase was made on-site, on the day of the event. Ticket delivery will occur on or before the event date on the listing, regardless of delivery method.
10.2 Tickets are typically delivered once payment has been processed in full. For tickets which have been booked online, payment processing usually takes 48 hours. If you have paid for your order by MCB Juice or Bank Transfer, you may receive a pre-order confirmation email before your e-ticket/ order confirmation email. Please note that bank transfers made from banks besides MCB, require a longer processing time. For bookings which have been made at a Rezo Otayo point of sale, once payment has been made, you will receive your physical printed ticket on the spot.
10.3 Be sure to book your tickets well in advance for an event. If bookings are made in 24 hours or less before an event date, then you are required to send an email to Otayo on email@example.com, with your booking details so that you can receive your tickets before the event. Failure to do so, may result in not receiving your tickets and you will not be entitled to a refund.
10.4 When you receive your tickets, it is your responsibility to confirm that the tickets are consistent with the order you placed. You shall have forty-eight (48) hours from the time of delivery to report any inconsistencies between your order and the tickets. Otayo shall not be liable or responsible for any inconsistencies discovered after the 48 hour window has passed.
10.5 E-tickets. E-tickets will be sent to your email, after an order has been confirmed and paid. An e-ticket is only valid if it is printed on white A4 paper, without changing the print size in portrait (vertical) format. Tickets must have a good print quality. Partially printed, soiled, damaged or illegible tickets will not be accepted and considered de facto invalid. Otayo.com declines all responsibility for anomalies occurring during your printing of the ticket.
10.6 Soft-copy (Digital tickets). Tickets presented on a portable electronic device (ie. mobile phone, tablet) is acceptable at some events.11.0 Ticket Terms
11.1 Please refer to the event description for the price of each specific event. All prices are indicated in Mauritian rupees and include VAT at the rate applicable at the time of your order. Should additional fees or taxes be levied by the government, authorities or the Event Organiser then Otayo may revise the ticket price and/or charge additional fees accordingly. If an error is made in the price of Tickets ordered by you, you will be notified by us as soon as possible and we will give you the option to either (a) reconfirm your Ticket order at the correct price; or (b) cancel your Ticket order and receive a full refund from us.Tickets once sold are not exchangeable and are non-refundable.
11.2 Any Tickets bought from unauthorised agents or third parties are not valid and admission to an Event will not be permitted. Tickets cannot be resold or offered for resale (including on-line auction sites) or used for commercial purposes including advertising, competitions, contests, sweepstakes, promotions, or used, sold or given away in conjunction with other products or services (such as part of a travel or hospitality package) without the express written permission of Otayo in advance.If this condition is breached the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused entry to the event or removed from the event venue.
11.3 Each Ticket you purchase from Otayo is intended to give you a revocable license (or right) to entry and attendance of the particular Event. You must produce a valid Ticket to gain entry to and you must produce that Ticket for inspection upon request from an Event official at any time. Failure to produce your valid ticket when requested may result in you being denied access to the event or in you being removed.
11.4 Each Ticket holder has a right to a seat or standing place in relation to the stage, of a value corresponding to that stated on the Ticket holder’s . Otayo and/or the Event Organiser reserve the right to provide alternative seats or standing places or categories to those specified on the Ticket.
11.5 A Ticket does not grant you, the Ticket holder the right to transport to the Venue, or parking, or merchandise, or any food or beverages at the event, or any other products and services, unless otherwise stated. Other independent service providers might render services relating to transport, parking, merchandise, food or beverages at the Venue and in such circumstances, the terms and conditions of these service providers will apply between you and the supplier of such products or services.
11.6 As Otayo only acts as a platform and an agent for Event Organisers, we and the organisers reserve the right to change and modify the prices and event details listed on our site at any time before or after you have booked.
11.7 It is your responsibility to (i) ensure that your Tickets are collected by or delivered to you before the date of the Event; (ii) keep your Tickets safe prior to the Event; and (iii) check your Tickets and to ascertain the date and the time of the Event and if applicable, any rescheduled Event. Event dates and times are subject to change. Otayo is not responsible or liable should you fail to obtain your Tickets timeously or for any Tickets that are lost, stolen or damaged.12.0 Lost, Stolen, or Damaged Tickets
12.1 Please keep your tickets in a safe place. Otayo is not responsible for lost, stolen, damaged or destroyed tickets and will not refund your order if you cannot locate your tickets once they are delivered to you.
12.2 If your e-ticket or physical ticket has been damaged- the QR code cannot be scanned or destroyed, simply reprint it from your email. If you cannot locate the email, please contact Otayo and it will be resent to you. Once printed, tickets should be stored in a safe place until the day of the event.
12.3 If your tickets have been lost or stolen, you should contact Otayo and the ticket will be annulled so that it cannot be misused by a third-party. We may, at your request reissue your printed tickets. Please note that a fee of Rs100 per ticket will apply for any changes made to printed or lost tickets.13.0 Cancelled and Postponed Events
13.1 Tickets cannot be exchanged or refunded unless the event is cancelled or rescheduled. If an event date or time is changed by the event organiser, tickets purchased for the event will be valid for the new date or time and the customer would not be entitled for a refund. In some cases new tickets will be issued to the customer and the previous tickets will be void. Otayo is not always notified if a show is postponed, rescheduled or cancelled. Where an Event is cancelled or rescheduled, Otayo will use its reasonable endeavours to notify you. It is your responsibility to ascertain whether an Event has been cancelled or rescheduled and the date and time of any rescheduled Event. Otayo does not guarantee that you will be informed of such cancellation before the date of the Event. It is also your responsibility to inform Otayo of any change to the contact details, telephone number or email address you provided at the time of purchase.
13.2 Event date, times, venue and subject matter may change. Otayo will not be held responsible for any such change including but not limited to, cancellation or postponement of an event, the content of the event, change of artists or acts, the artist or event lineup, change of event times and/or any changes in the event. Otayo will not be obligated to provide a refund or any other compensation.
13.3 If an event has been postponed due to but not limited to any act of God, adverse weather or circumstances beyond Otayo’s control, then no refunds will be issued by Otayo (see 15.0 Force Majeure).14.0 Refunds
14.1 Tickets cannot be exchanged or refunded unless the event is cancelled or rescheduled. In case of cancellation or postponement of an event by the event organiser, only the price paid for ticket(s) will be refunded; processing and service fees will not be refunded. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Event which have been arranged by You are at Your own risk. Neither Otayo nor the Event organiser shall be liable for any loss of enjoyment or wasted expenditure in addition to refunding the price of the Ticket.
14.2 Refund of processing fees. In case of any cancellation for which a refund is to be provided to the customer, Otayo is not liable to refund the credit card processing fees nor any other bank fees associated with the purchase made by the customer. The customer will only receive the applicable refund calculated as per the Otayo refund policy, after deducting the fees detailed hereof.
14.3 Refunds are only processed via Otayo’s head office. Should you request a refund, then you need to contact the Otayo Head Office directly by phone or email. Refund requests submitted via any other method ie. Rezo Otayo point of sales, will not be considered.
14.4 In the event that a request for a refund has been approved by Otayo, then the customer will need to send an email to firstname.lastname@example.org , with their full name- the same name used to make the booking, their contact details including phone number and email address and their bank account details including Bank Name, Account Holder Name, Account Number. Bank Account details are only required if payment was done by MCB Juice, Bank transfer or by Cash.
14.5 Refunds will not be given if there is a cancellation by the customer, as all tickets are non-refundable. A change in personal circumstances or a change of mind does not entitle the customer to a refund or exchange of ticket. Tickets cannot be exchanged or refunded for the following cases, though not limited to: adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event ie. festivals; curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.15.0 Force Majeure
15.1 Otayo will not be liable under these Terms due to its inability to perform its obligations by reason of, but not limited to any act of God, fire, earthquake, blizzard, flood, bad weather or forecasts, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of terror, embargo, war, any law ordinance or regulation, legal order (unless caused by Otayo’s default hereunder), any failure or delay of any transportation, power, or communications system, technical or maintenance issues or any other similar cause not under Otayo’s’ control. No refunds will be issued in such unforeseeable circumstances.
15.2 Otayo.com also reserves the right to cancel tickets for scheduled events, concerts, shows or any other product at any time in the event of hazardous weather conditions, unforeseen operational problems or for any other reason provided by the producer of the event. In addition, Otayo.com reserves the right to refuse admission to anyone at its sole discretion.16.0 Ticket Holder Behavior Policy
16.1 Attendees to events must abide by the rules and policies of the event, venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the original ticket holder. If you or another person using the ticket you purchased from Otayo fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith.
16.2 As a customer of Otayo.com, you are responsible for your actions and behaviour as well as the group actions and behaviour of your party by which you are expected to respect your environment and other people around you. You must not behave in a way that can cause distress or embarrassment to others or that can create a risk of danger or damage to property. The Event Organisers or any staff associated with the event have the right to evict you from the event under the threat of acts of vandalism, violence or any other behavior considered inappropriate by them. In all these cases mentioned herein, all insurance will be invalidated and you will not be entitled to reimbursement, remuneration or to cover all your expenses of any kind.
16.3 You shall be held liable for all reasonable costs, expenses and losses associated with any loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.17.0 Complaints and Problems
17.1 In the unlikely event that you have any complaints or experience problems with Otayo’s service or an event, this should be brought to Otayo’s attention immediately and no later than 5 working days from the day of the event. You can contact Otayo by calling 466 9999 within office hours or by sending an email to email@example.com
17.2 Please note that if you do not follow this simple complaints procedure, Otayo.com will not be able to claim reimbursement or compensation on your behalf, and therefore you will not be entitled to a refund or lose any compensation.18.0 Intellectual Property And Right To Use
18.1 Copyright. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, graphics, designs, compilation, video, music and sound. The entire contents of the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication of any such matters or any part of the Site by you for commercial gain is strictly prohibited unless authorized in written by the owner of the site. You do not acquire ownership rights to any content, document or other materials viewed through the Site. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Nothing on this site should be copied or used for commercial gain without the written consent of the owner.
18.2 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
18.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only except with written authorization from Otayo. Viewing, printing or downloading any content, graphic or media from Otayo, grants you only a limited license for use. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.19.0 Original Language and Translations
19.1 English-Language Version Controls. In the event there is a discrepancy or inconsistency between the English language version and another version of these Terms in a different language, the English version will prevail, govern and control.20.0 Governing Law/Choice of Forum
20.1 Any claim or dispute will always be dealt with the best attention and care, as the person that takes the pain of submitting his claim is presumed to do so in good faith. In case of litigation, you must first deal with the company for an amicable solution of the problem. If a solution cannot be found, the Mauritian legal system will be the sole competent legal system. This Agreement or Terms and Conditions is constructed in accordance with and governed by the laws of Mauritius. Any litigation related to the commercial relationship existing between Otayo and the client are submitted to the sole competence of the Mauritian jurisdictions.21.0 Applicable Laws
21.1 These Terms and Conditions are constructed in accordance with and governed by the laws of Mauritius. Any litigation related to the commercial relationship existing between Otayo and the client are submitted to the sole competence of the Mauritian jurisdictions.22.0 Disclaimer
22.1 No Warranty. Otayo, the materials on the website and any ticket or service obtained through the Otayo is provided “as is” and without warranties of any kind, either express or implied. Otayo disclaims, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to the site, the materials, and any tickets or service obtained through the site, including, without limitation, implied warranties of title, non-infringement of third party rights, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing or usage of trade. Otayo does not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. You assume all responsibility and risk for your use of the site and your reliance thereon. Otayo is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. Your use of the site and any materials provided through the site are entirely at your own risk. You should use your best judgment and exercise caution where appropriate.23.0 Limitation of Liability
23.1 Otayo has no liability of any kind whatsoever to you or your group, or dependents for any death, personal injury, loss, consequential loss or damage of any kind, you or your group, or your dependents may suffer. By using Otayo, you agree to indemnify us and its employees against any liability, although we may at our discretion agree to assist in the resolution of problems, and take our own action against any supplier and third party who is in breach of its obligations.
23.2 Otayo cannot be held responsible if personal belongings are damaged or stolen during an event. It therefore follows that Otayo is not obliged to compensate you for damages in this regard. You have a personal responsibility to take care of your personal belongings and valuables. We will accept no responsibility for loss or damage to personal property or valuables.
23.3 Neither Otayo, Directors, Employees, service providers, partners, or any other indemnified party are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business or lost profits). Under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site, the materials on the site or any ticket or service obtained through the Otayo. Without limiting the foregoing, you expressly acknowledge and agree that Otayo and any other indemnified party shall have no liability or responsibility whatsoever for: (i) any action of another user to the site; (ii) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to Otayo and use of the site, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of Otayo; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from the site; (iv) any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the site by any third party; (v) any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through the site; and/or (vi) any lost, stolen or damaged tickets. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The maximum liability of Otayo, and any other indemnified party, and your sole and exclusive remedy, for all damages, losses suffered by you and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the site.24.0 Changes in Terms and Conditions
24.1 Otayo reserves the right, in its sole discretion, to change these Terms and Conditions at any time. If Otayo changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site. Your continued use of the site following Otayo’s posting of revised terms and conditions constitute your acceptance of the revised agreement.25.0 Contact Us
25.1 You should use the contact information available on Otayo.com if you have any questions or concerns about Otayo.
TERMS AND CONDITIONS OF THE OTAYO LOYALTY PROGRAM – OTAYO REWARDS
1.1 New Member Enrollment. To participate in the Program, eligible individuals must be at least 18 years old and must have an account on Otayo.com. New members, when creating an account need to provide the required information and follow the instructions to enroll. Account holders of Otayo will automatically be transferred into the Program.
1.2 Ranks Upon Enrollment. Upon enrollment in the Program, Members automatically have a Bronze membership rank, which allows Members to earn points. Once the prescribed number of points have been accumulated, members can increase their rank and will be able to redeem their points and receive additional benefits.
For information on the Otayo Rewards ranking system and rewards available to each rank, please see Ranks
1.3 One Membership/Account Per Person; No Sharing of an Account. There is a limit of one membership/account per person and per email address. Accounts cannot be shared or combined. A Member’s Account cannot be used by anyone other than the Member in order to accrue, redeem, use, or enjoy points, credit, awards, or other benefits.
1.4 Program Site Account Access & Security. Upon enrollment in the Program, you will be assigned an Account and asked to provide a password that will allow you to access account information and redeem rewards on the Program Site. If you have forgotten your password, you can request a new password through the “forgot password” feature either on the Program Site or by phone through customer service. Otayo is entitled to act on instructions received under your membership account. You are solely responsible for keeping your password, Account, and other account access information confidential and for restricting access to your computer and other devices, as applicable, so that others may not access your account, and Otayo will not be responsible for your failure to do so.
1.5 Verification; Maintaining Member Information. You are responsible for keeping your membership information current and notifying Otayo of any change to your membership information. Registration and account creation are subject to verification by Otayo in its sole discretion. Otayo also reserves the right to verify the information collected during Program registration or provided during participation in the Program and, in its sole discretion, suspend or terminate any account and prohibit Program participation by any individual or email address related to or suspected of being related to fraudulent activity, including, without limitation, signing up for multiple accounts.2.0 Points and Rewards
2.1 Otayo Rewards. Any member of the Otayo loyalty program – Otayo Rewards can earn and redeem Rewards Points based on their actions on Otayo.com. A number of services and benefits are available to Otayo Rewards Members. These benefits and rewards are offered solely at the discretion of Otayo, and the rewards, benefits and/or participating events may change from time to time. Not all rewards and additional benefits are provided by all events on Otayo. Rewards and benefits are available only for direct bookings through Otayo’s website directly, on Otayo.com. All rewards are subject to limited availability, and to the terms and conditions and restrictions imposed by Otayo and Event Producers or other suppliers.
2.2 Earning Points. Members can only earn points through valid and authorised actions. All valid actions are mentioned in the Earn Points section and are worth an allocated amount of points. Points can also be earned through Special offers and promotional operations organised by the Program. In this context, earning Rewards Points depends on meeting specific conditions that apply to each offer or operation, and that are communicated to Members. Members will not earn Points and/or enjoy Member benefits for actions or bookings made through the Point of Sales – Rézo Otayo, online agencies or through any unauthorized agents or any other online portals excluding Otayo.com.
2.3 Rewards Points Scale. The Programme offers five Status/ Rank levels that are attributed according to the number of Reward Points earned during the period of the past 12 months by the member. Members may, at any time, access a higher Status/Rank if they reach the required number of Reward Points. The scale for earning Rewards Points for each Status is shown in the table below:
|Status/ Rank||Reward Points|
2.4 Reward Points. Only Members of the Program may earn and redeem Rewards Points from their account or as part of the order process. Members can redeem their Rewards Points to obtain Rewards, including: – Discounts, Ticket Upgrades, Event Invites and other benefits. Rewards Points are valid for six (6) months from the last date of an “earn” or “redeem” points transaction.
2.5 Coupons. Each coupon is identified by a Coupon Code and has different requirements and rewards. Coupon values and rewards are as specified on the coupon. You can decide to claim the reward desired while being bound by the conditions linked to the redemption of the coupon. Coupons are redeemable online on Otayo.com and cannot be used elsewhere. To redeem the coupon, the coupon code must be entered into the relevant field on the Otayo website and the relevant reward will automatically apply. Each coupon is valid for a limited time only and expires on the date specified. If the coupon is not redeemed within the time specified, then no reward will apply or can be claimed. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by Otayo. Otayo reserves the right to discontinue a coupon at any time. If an event is cancelled and you are entitled to a refund for an event purchased with a coupon, the coupon discount or value will be subtracted from the return credit.
2.6 Redeeming Rewards. Coupons and Reward Points can be redeemed on the Otayo website to claim rewards.
Reward points can be redeemed during the online order process to receive a cash discount. The amount of reward points you wish to redeem should be entered during the checkout process and the discount will automatically be applied to the total of your order. Coupons can be redeemed either as part of the order process to receive a discount or on the user’s account page to receive reward points. For coupons with a discount applicable on an event purchase, the coupon code must be entered in the relevant field as part of the online order process. The coupon will be redeemed and the discount will automatically be applied to the total of your order. If you fail to enter the coupon code at the time of purchase as specified, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of a purchase on Otayo. For coupons which award Reward Points, the coupon code must be entered in the relevant field on the user’s account. Once the coupon code has been applied, your total reward points will adjust accordingly.
2.7 Cancellation or Retracting rewards. Members who cancel and/or do not use their reward (no-show) will not receive any refunds or have their Reward points re-credited.
2.8 Non-transferable, Non-exchangeable, Non-refundable. Points, awards, membership benefits, and other aspects of a Member’s account in the Program do not constitute property of the Member. Except as expressly set forth in these Terms, points, awards, membership benefits, and accounts cannot be given away by a Member and are not negotiable, commissionable, or redeemable for cash, and are void if a Member sells, barters, auctions, donates, assigns, conveys, or otherwise transfers them (or makes any attempt to do so) in a manner not expressly allowed by these Terms. In the event that a Member makes any attempt to sell, barter, auction, donate, assign, convey, or otherwise transfer his or her points, awards, membership benefits or account to a third party in violation of these Terms, all persons involved in advertising, facilitating, or administrating the prohibited transfer may, in Otayo’s sole discretion, immediately forfeit all points or awards, have their respective membership terminated, and be barred from future participation in the Program or any other Otayo loyalty program.
Otayo may in some circumstances permit the transfer, combination, or conversion of points or awards or the merger of accounts in the Program. Otayo reserves the right, in its sole discretion, to reverse or refuse to process any transfer, combination, or conversion of points or awards or merger of accounts, including, without limitation, if Otayo suspects that any party to the transfer, combination, conversion, or merger has acted fraudulently, attempted to circumvent the qualification requirements for higher ranks in the Program, or otherwise violated these Terms.3.0 Loss of Points; Termination of Your Membership; Termination of the Program
3.1 Inactivity. If a Member’s account is inactive for six (6) consecutive months, all points in that Member’s account will be forfeited at that time, but the Member’s account will remain open (with the ability to earn new points thereafter) unless the Member’s account is otherwise terminated in accordance with these Terms. Under no circumstances will forfeited points be reinstated. To maintain the Reward Points in your membership account, you must have at least one “earn” or “redeem” transaction posted to your account every six months (6) months. Your rank will be based on the total reward points accumulated over the past 12 months. If the total reward points accumulated over a 12-month period do not meet the reward point requirements for specific ranks, then your rank and benefits will adjust accordingly.
3.2 Causes of Membership Termination. Otayo may immediately, without notice, limit or terminate your membership if you: (i) violate these Terms or any other applicable additional terms or appear to be utilizing the Program in a manner inconsistent with these Terms or the intent of the Program.
3.3 Termination by Member. If you are a Member and would like to discontinue your membership, you may request that Otayo closes your account by contacting Otayo customer service. Once you submit a termination request, termination is irreversible and your account will be closed and all points, awards, and benefits forfeited as described below.
3.4 Effects of Termination. If your membership is terminated, you will lose all points, awards, and benefits associated with your account and you will no longer be able to earn or redeem points or awards in the Program. Likewise, your future participation in the Program may be prohibited at Otayo’s sole discretion.
3.5 Termination of the Program. We also reserve the right to terminate the program completely at any time by providing active members with written notice or no notice as required or permitted by applicable law. any points or awards in your account or otherwise held by you on the effective date of termination will be forfeited. Any conclusion to the program that results in the transfer of members to a successor loyalty program, where such members do not forfeit all unexpired, unredeemed points in their account as a result, will not be considered a termination of the program for the purposes of the above notice provision.4.0 Modification of These Terms; Modification to the Program
4.1 Modification of These Terms. Otayo reserves the right to modify these Terms from time-to-time. The updated Terms will be effective as of the time of posting. Unless otherwise stated, the updated Terms will apply to your participation in the Program beginning as of their effective date.
4.2 Modification to the Program. Otayo reserves the right to, from time to time, among other things: change earning ability; withdraw, limit, modify, or cancel any award or benefit; cancel or change partner awards or programs; increase or alter the point or other requirements to earn an award or benefit; modify the membership tiers or the benefits available to any tier; add blackout dates; or limit the number of rewards available for any or all events. Otayo may limit the number of Program participants and may temporarily or permanently discontinue registering new Members at any time and for any reason without notice.
Otayo is not responsible for partner withdrawals from the Program, changes in partner service, or issues associated with point accrual or use caused by withdrawal of any partner.5.0 No Warranties; Limitation of Liability
This program is made available to you on an as-is, as-available basis, without representations or warranties of any kind, express or implied. Otayo and the owners, operators, event producers, directors, managers, and employees of Otayo make no representation about the suitability of the program for you. Your participation in the program is at your own risk.
Without limiting the foregoing, Otayo does not represent or warrant that the information related to the program is accurate, complete, reliable, useful, timely, or current or that the program will operate without interruption or error. Despite our commercially reasonable efforts, the program site and other program materials may contain typographical or other errors or inaccuracies, including, without limitation, regarding the amount or value of a particular award, the number of points required to redeem a particular award, the number of points to be awarded for a particular action, the ability to redeem an award or receive a membership benefit at an event. Otayo will not be responsible for any such error, typo, or misprint in these terms or any program materials. Otayo reserves the right to void or refuse to process any program award, purported point-earning event, or other transactions arising out of such an error, typo, or misprint.
Otayo will not be liable for any acts, errors or omissions of any other member, a third party or program partner or any partner’s loyalty or rewards program.6.0 Governing Law/Choice of Forum
Any claim or dispute will always be dealt with the best attention and care, as the person that takes the pain of submitting his claim is presumed to do so in good faith. In case of litigation, the Member will at first deal with the company for an amicable solution of the problem. If a solution cannot be found, the Mauritian legal system will be the sole competent legal system. This Agreement or Terms and Conditions is constructed in accordance with and governed by the laws of Mauritius. Any litigation related to the commercial relationship existing between Otayo and the client are submitted to the sole competence of the Mauritian jurisdictions.7.0 General Terms
7.1 Force Majeure. Otayo and/or the Otayo loyalty program- Otayo Rewards is not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in this Program in the event the Program or its operations are affected by any acts of god, any action, regulation, order or request by any governmental or quasi-governmental entity, equipment failure, actual or threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.
7.2 Decisions of Otayo are Final. All decisions of Otayo related to the earning, transference, and use of points, awards, benefits, or other aspects of your membership account, to the Program, or to these Terms, including any decision to deduct points from an account or deny awards or benefits, are final and binding upon you and you agree to abide by all such decisions.
7.3 Taxes May Apply. Points, awards, and other membership benefits may be subject to taxes and all associated obligations are each Member’s sole responsibility.
7.4 Severability. If any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will govern such participation.
7.5 Law Enforcement/Governmental Requests. You agree that nothing contained in these Terms is in derogation of Otayo’s right to comply with law enforcement or governmental requests or requirements relating to your participation in the Program or information provided to or gathered by Otayo with respect to such participation.
7.6 English-Language Version Controls. In the event there is a discrepancy or inconsistency between the English language version and another version of these Terms in a different language, the English version will prevail, govern and control.
7.7 Precedence; Waiver; Interpretation. If and to the extent that there is any conflict among or between the Program Site or other Program marketing materials and these Terms, the language in these Terms will govern. Otayo’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision.8.0 Contact Us
You should use the contact information available on Otayo.com if you have any questions or concerns about the Program or your membership.