Offsyte Terms of Service
Last Updated: May 31, 2020
Welcome to Offsyte!
By accessing, browsing or using the Offsyte Platform or by clicking “Accept” or “Agree” to this Agreement, (1) you acknowledge that you have read, understood, and agreed to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE OFFSYTE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE OFFSYTE PLATFORM.
1. Scope of Offsyte Services
The Offsyte Platform is an online marketplace that enables certain third parties who offer team outing services (“Vendors”) to publish such team outing offerings on the Offsyte Platform (“Listings”), and allow registered users (“Team Members”) to book such Listings for the specific dates and times. It also allows Vendors to transact directly with Team Members that are seeking to book such team outings.
As the online marketplace, Offsyte does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any team outing Listings. Vendors alone are responsible for their Listings and the services promised or provided under each such Listing. Each time Team Members and Vendors make or accept a booking, they enter into a contract directly with each other.
The Offsyte Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Offsyte is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not endorsements by Offsyte of such Third-Party Services.
2. Modification to the Agreement
Offsyte reserves the right to modify the terms and conditions of this Agreement and such modifications (“Modifications”) shall be binding on you only upon your acceptance of the modified Agreement. If and when we make Modifications to this Agreement, we will post the revised Terms on the Offsyte Platform and update the “Last Updated” date at the top of these Terms to reflect the date on which such Terms were modified.
Offsyte reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Offsyte Platform or Team Outing Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
In order to access and use the Offsyte Platform or create an account with Offsyte (“Offsyte Account”) you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
Offsyte may make access to and use of the Offsyte Platform, or certain areas or features of the Offsyte Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a user’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation or assertion of any Team Member or Vendor’s identity.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Offsyte may charge fees from Vendors a certain percentage of the fees (“Vendor Charges”) paid by Team Members for booking a Listing posted on the Offsyte Platform (“Vendor Fees”), and/or Team Members (“Service Fees”) in consideration for the use of the Offsyte Platform. Any applicable Vendor Fees will be provided to a Vendor prior to publishing its Listing.
Offsyte has the authority and reserves the right to determine the Service Fees by quoting Team Members a price for a specific team outing at the time of booking. Offsyte also reserves the right to change the Service Fees, after the time of booking, provided however, Offsyte will not make any such changes without informing the Team Members and obtaining their express consent. The Team Members are responsible for reviewing the price quote on the relevant booking pages within the Offsyte Platform and shall be responsible for all Vendor Charges incurred under their User account regardless of their awareness of such Vendor Charges or the amounts thereof.
Facilitation of Charges. All payments on the Offsyte Platform are facilitated through a third-party payment processor (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Offsyte may replace its third-party payment processor without notice to you. Charges shall only be made through the Offsyte Platform. With the exception of tips to Vendors, cash payments are strictly prohibited. Offsyte may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your booking confirmation receipts.
6. Terms specific for Vendors
When creating a Listing through the Offsyte Platform you agree and acknowledge that (i) all information provided is complete and accurate information about your Listing (such as activity description, location, pictures and calendar availability), (ii) all critical information such as any restrictions and requirements that apply to the Listing (such as any minimum age, proficiency or fitness requirements for an activity), any risks inherent to the team outing activity, anything else Team Members may need to know to safely participate (including dress codes, equipment, special certifications or licenses, etc) have been fully disclosed, (iii) any other pertinent information requested by Offsyte or otherwise has been provided, and (iv) that you have all licenses and will fully comply with all regulations that apply to your delivery and provision of services to Offsyte and its clients. You understand and agree that regulated products such as alcoholic beverages are sold directly by you to clients, and Offsyte is not a reseller or distributor of such substances. You shall be responsible for keeping the Listing information (including calendar availability) up-to-date at all times.
Vendor shall be solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Activity Fee”). Once a Team Member requests a booking of your Listing, you may not request that the Team Member pays a higher price than in the booking request.
You are solely responsible for determining and complying with your obligations to report, collect, remit or include in your Activity Fee any applicable taxes (“Taxes”).
Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Services. Offsyte reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Listings on the Offsyte Platform may vary and depend on a variety of factors, such as Team Member search parameters, location and preferences, price and calendar availability, number and quality of Images, booking and cancellation history, Reviews and Ratings, type of team outing Service.
When you accept or have pre-approved a booking request by a Team Member, you are entering into a legally binding agreement with the Team Member and are required to provide your team outing Service(s) to the Team Member as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fee and any applicable Taxes.
You may list more than one team outing Listings. Offsyte reserves the right to decide, in its sole discretion, whether a submitted team outing offering will be published on the Offsyte Platform.
7. Terms specific for Team Members
Subject to meeting any requirements set by Offsyte and/or the Vendor, you can book a Listing available on the Offsyte Platform by following the respective booking process. All applicable fees, including the Activity Fee, Service Fee will be included in the Vendor Charges, and will be presented to you prior to booking a Listing. You agree to pay the Vendor Charges for any booking requested in connection with your Offsyte Account.
Upon receipt of a booking confirmation from Offsyte, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Offsyte Platform will collect the Vendor Charges at the time of the booking. You are also required to ensure that every additional team member attending the activity meets any requirements set by the Vendor, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Vendor.
You should carefully review the description of services and amenities provided by the Vendor (“Vendor Services”) for the Listing you intend to book and ensure that you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Vendor has specified in their Listing. At your sole discretion you may want to inform the Vendor of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any team outing activity. In addition, certain laws, like the minimum legal drinking age at the location of the Listing may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Vendor Service.
8. Booking Cancellations and Refunds
Vendors may cancel a confirmed team outing booking if weather poses a safety risk to Team Members, or if it prevents a Vendor from carrying out a team outing Service that takes place primarily outdoors. Vendors may also cancel the booking if other conditions exist that would prevent the Vendor from offering the team outing Service safely. If a Vendor cancels a confirmed booking, the Team Member will receive a full refund of any payments made towards the Vendor Charges for such booking.
Team Members may cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Vendor, and Offsyte will refund the amount due to the Team Member in accordance with such cancellation policy, or as agreed to by the Vendor. Team Members may reach out to Offsyte Platform to help facilitate such cancellation.
9. Ratings and Reviews
Within a certain timeframe after completing the team outing per the booking request, Team Members can leave a public review (“Review”) and submit a star rating (“Rating”) about the Vendor’s Listing. Ratings or Reviews reflect the opinions of individual Team Members and do not reflect the opinion of Offsyte. Ratings and Reviews are not verified by Offsyte for accuracy and may be incorrect or misleading.
Ratings and Reviews by Team Members must be accurate and must not contain any offensive or defamatory language.
Ratings and Reviews are part of a Vendor’s public profile and may be surfaced anywhere on the Offsyte Platform (such as the Vendor Listing page) together with other relevant information.
10. Offsyte Communications
By entering into this Agreement or using the Offsyte Platform, you agree to receive communications from us and your hosting Vendor, including via e-mail, text message and calls. Communications from Offsyte may include but are not limited to: operational communications concerning your Offsyte Account or use of the Offsyte Platform (such as upcoming bookings), updates concerning new and existing features on the Offsyte Platform, communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
We welcome and encourage you to provide feedback, comments, suggestions for improvements, ideas, problems, complaints and other matters related to the Offsyte Platform (“Feedback”
). You may provide us either directly at email@example.com
or by other means of communication.
You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
If you choose to use the Offsyte Platform, you do so voluntarily and at your sole risk. You agree that you have had whatever opportunity you deem necessary to investigate the Offsyte Services, laws, rules, or regulations that may be applicable to your Listings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by Offsyte relating to a Listing.
You agree that Offsyte is a marketplace and may not vet/verify each listing. You also agree and acknowledge that some Vendor Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Vendor Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Vendor Services. You assume full responsibility for the choices you make before, during and after your participation in a Vendor Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Offsyte Platform, your publishing or booking of any Listing via the Offsyte Platform, your participation in any Vendor Service. Neither Offsyte nor any other party involved in creating, producing, or delivering the Offsyte Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Offsyte Platform, (iii) from any communications, interactions or meetings with other Team Members or other persons with whom you communicate, interact or meet with as a result of your use of the Offsyte Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Offsyte has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.