1. About our terms and conditions
1.1. These terms and conditions of use, together with any documents referred to in them (collectively the Terms), set out the terms which apply to your use of and access to our social planning and calendar management mobile application ‘Offline Social’ (Offline Social App) (available via both the Google Play Store and the Apple App Store) as well as our website (available at https://www.getoffline.io) and any related website, subdomain, or other software application operated by us (all of this together forming the Platform).
1.2. These Terms, together with our Privacy Policy and Cookie Policy, apply to you whether you are accessing the Platform as a guest or you have registered an account. They explain the information you need to know about OfflineSocial Ltd and your use of the Platform. By accessing or using the Platform, you are agreeing to comply with and be bound by these Terms, the Privacy Policy, and the Cookie Policy. If you do not agree to be bound by them (or any part of them), please do not use or access the Platform.
1.3. The Platform is owned and operated by OfflineSocial Ltd, a company registered in England and Wales with company number 15189723, whose registered office is situated at 19, The Department Store Studios, Bellefields Road, London, United Kingdom, SW9 9UH (Offline Social/we/us/our), and VAT registration number GB476161871. The term “you” refers to the user wishing to access and/or use the Platform.
1.4. You can contact us by emailing us at info@getoffline.co.uk. If we have to contact you, we will do so by writing to you at the email address or telephone number you provided.
IMPORTANT:
IF YOU ARE AN OFFLINE SOCIAL USER LOCATED IN THE UNITED STATES, PLEASE READ SECTION 7 OF THESE TERMS (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH OFFLINE SOCIAL ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. Platform Usage and Limitations
2.1 We provide the Platform with reasonable care, but your usage of its services is your responsibility. You are authorized to use the Platform only in accordance with these terms. Any other use is not allowed, and if you disagree with the terms, you should not use the Platform. By using the Platform, you agree not to:
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2. Platform Usage and Limitations
2.1 We provide the Platform with reasonable care, but your usage of its services is your responsibility. You are authorized to use the Platform only in accordance with these terms. Any other use is not allowed, and if you disagree with the terms, you should not use the Platform. By using the Platform, you agree not to:
(a) Break any local, national, or international laws or regulations;
(b) Engage in unlawful or fraudulent activities or use the Platform for illegal purposes;
(c) Impersonate others or falsely present yourself, including using someone’s information without consent;
(d) Violate or infringe on others' intellectual property, privacy, or legal rights;
(e) Engage in actions that could cause harm or distress to yourself, others, or animals;
(f) Access the Platform or related systems using unauthorized methods, such as automated tools;
(g) Collect or scrape information from the Platform using automated or manual methods without consent;
(h) Send unsolicited advertising, promotional materials, or spam to users;
(i) Upload malicious content, including viruses or spyware, intended to harm or disrupt software or hardware;
(j) Share content that is abusive, offensive, or inappropriate with others;
(k) Use the Platform for any activity prohibited by these terms; or
(l) Use the Platform excessively in ways that strain its technical infrastructure or disrupt others' usage.
2.2 The Platform is intended for personal, non-commercial use only.
2.3 Your use of the Platform is at your own risk. While we aim to provide accurate and up-to-date information, we do not guarantee its accuracy or completeness, and we are not liable for any errors or omissions.
2.4 The Platform is intended for individuals aged 13 and above. By using the Platform, you confirm that you are at least 13 years old, or that you have obtained parental or guardian consent, and that you can fully comply with these terms.
3. Your Offline Social Ltd. Account
3.1. Account Creation
To use certain features of the Platform, you will need to create a user account (an "Account") through the Platform.
3.2. Accuracy of Information
You must provide accurate, complete, and up-to-date information for your Account. It’s your responsibility to update this information as necessary. Failure to do so may result in the unavailability of the Platform and our services, or even the suspension or termination of your Account.
3.3. Security of Account Information
If you choose or are provided with any user identification code, password, or other security details (collectively, "Account Information"), you must keep this information confidential and not share it with any third party. You are responsible for maintaining the confidentiality of your password and any activity that occurs under your Account. OfflineSocial Ltd. is not liable for any loss or damage resulting from your failure to protect your Account Information.
3.4. Unauthorized Use of Your Account
You may not use another person’s Account without their permission. If you suspect that someone else has accessed your Account or knows your Account Information, promptly notify us at info@getoffline.co.uk.
3.5. Disabling of Accounts
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, if we believe you have violated any of these Terms.
4. Adding Friends
4.1. Connecting with Friends
Registered users ("Registered Users") can connect with other Registered Users on the Platform (become "Friends"). Additionally, Registered Users can invite non-Offline Social users ("External Individuals") via a link sent through other communication platforms, such as SMS (an "External Invitation").
4.2. Friend Requests
You must be a Registered User of the Platform to send friend requests, whether to other Registered Users or to External Individuals.
4.3. External Invitations
By sending an External Invitation to an External Individual, you authorize OfflineSocial Ltd. to contact the person using the contact details you provide to invite them to connect with you on the Platform.
5. Sharing Calendars and Availability
5.1. Calendar Integration
Registered Users can integrate third-party calendars into their Offline Social calendar, which will display the third-party calendars in a different color. You control which third-party calendars are visible to you and which are shared as part of Availability or Calendar sharing.
5.2. Sharing Availability via Who’s About
Registered Users can share their "Availability" with selected Offline Social friends, groups, and communities allowing them to see whether they are free at specific times.
5.3. Sharing Calendar
Registered Users can share their "Calendar" with Offline Social friends, allowing those friends to see your Offline Social calendar and any integrated third-party calendars. You can unshare your Calendar or remove third-party calendars at any time.
5.4. Responsibility for Shared Information
Only Registered Users can share their Offline Social calendar. Ensure that any information shared through your calendar is appropriate for others to view. Each Registered User is solely responsible for the accuracy of their calendar and any third-party integrations. Although we reserve the right, we are not obligated to monitor or approve any content in Offline Social calendars.
6. Organizing Events
6.1. Event Creation
Registered Users can arrange activities, events, and meet-ups (each an "Event") and share these Events with others via the Platform. You must be a Registered User to create and send Event invitations.
6.2. Inviting Others to Events
As the organizer ("Organiser") of an Event, you can invite others ("Invitees") via the Platform or through an External Invitation. Invitees may be either Registered Users or non-Registered Users.
6.3. Event Chat
Each Event has its own dedicated chat function ("Event Chat"), where words, photos, videos, and documents can be exchanged between the Organiser and Invitees. Non-Registered Users must register to access the Event Chat.
6.4. Authorisation for External Invitations
By sending an External Invitation, you authorise OfflineSocial Ltd. to contact the relevant Invitees using the provided contact details to invite them to the Event.
6.5. No Legal Obligation
Creating an Event does not create any legal obligation for OfflineSocial Ltd., the Organiser, or the Invitees to facilitate or participate in the Event.
6.6. Responsibility for Event Content
The Organiser and Invitees are responsible for all content and information shared within an Event. Although we reserve the right to monitor content, we are not obligated to approve or oversee the information shared in Events or Event Chats.
6.7. Event Arrangements
Any reservations, bookings, or other arrangements for an Event are the responsibility of the Organiser and/or Invitees. OfflineSocial Ltd. is not liable for:
(a) Making or confirming any reservations or bookings for the Event;
(b) The failure of any party to participate in the Event; or
(c) Any associated costs or expenses.
7. FOR UNITED STATES OFFLINE SOCIAL LTD. USERS ONLY: DISPUTE RESOLUTION, ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVERr
By agreeing to these Terms, you consent to resolve any claims you may have against OfflineSocial Ltd. on an individual basis through arbitration, as specified in this agreement. This means you are waiving the right to bring any class, collective, joint, or consolidated actions against OfflineSocial Ltd., and you will also be excluded from participating in any such claims brought by others.
Initial Dispute Resolution and Notice
Before initiating arbitration or legal proceedings, you and OfflineSocial Ltd. agree to first attempt to resolve any dispute informally. To begin this process, you must send a written Notice of Dispute (“Notice”) by certified mail to OfflineSocial Ltd.’s Legal Department at the address provided in Section 20(h). For these purposes, initiating arbitration refers to the filing of an arbitration demand (“Demand”).
Your Notice must include the following: (1) your full name, address, and relationship with Offline Social Ltd.; (2) a detailed description of the dispute; (3) a statement of the relief you are seeking, including any monetary damages; and (4) your signature, verifying the accuracy of the Notice and, if you have legal representation, authorising OfflineSocial Ltd. to disclose your information to your attorney.
Upon receipt of your Notice, both parties shall make a good faith effort to resolve the dispute within 60 days, which may be extended by written agreement (“Informal Dispute Resolution Period”). During this period, neither you nor OfflineSocial Ltd. may initiate arbitration or other legal proceedings.
Arbitration Process
If the dispute remains unresolved after the Informal Dispute Resolution Period, either party may proceed with individual arbitration, except for disputes (i) eligible to be filed in small claims court or (ii) involving intellectual property rights. Both you and OfflineSocial Ltd. may also seek injunctive or equitable relief from a court to prevent the violation of copyrights, trademarks, patents, or other intellectual property rights.
A "Dispute" refers to any controversy between you and OfflineSocial Ltd. arising from or related to the use of the Platform or these Terms, whether based on contract, tort, statute, or other legal grounds. The Arbitrator has exclusive authority to decide any issues regarding the enforceability or interpretation of this Arbitration Agreement.
Waiver of Class Action and Jury Trial
By agreeing to these Terms, both you and OfflineSocial Ltd. expressly waive the right to a trial by jury. Furthermore, you and OfflineSocial Ltd. agree that any claims may only be brought in an individual capacity. This means no class, joint, collective, or consolidated claims or proceedings will be permitted. Both parties waive participation in any collective or class actions, including as plaintiffs or class members, and agree that no such claims may be arbitrated or litigated together.
Governing Law and Arbitration Rules
The arbitration will be managed by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement falls under the Federal Arbitration Act (“FAA”), which will govern its enforcement. Should the FAA not apply, New York State law will govern.
Arbitration Procedures
A party wishing to initiate arbitration must provide the other party with a written Demand, as per the AAA Rules. The arbitrator will be selected from AAA’s consumer arbitration roster. If the parties cannot agree on an arbitrator, the AAA will appoint one.
If the claim is less than $10,000, arbitration will generally be based on written submissions unless a hearing is requested. If the claim exceeds $10,000, the arbitration may be conducted in person, by phone, or online. Hearings will take place in New York unless both parties agree otherwise.
Arbitrator’s Decision
The Arbitrator will issue a decision in writing, and may grant declaratory or injunctive relief only to the extent necessary to resolve the individual claim. The decision will be final and binding, but it will not have a precedential effect.
Procedures for Multiple Case Filings
If multiple arbitration demands (more than 25) with coordinated representation are filed, these claims will be subject to special procedures, including batching up to 50 claims at a time for arbitration. The process involves "Bellwether Arbitrations" for an initial batch, followed by mediation and possible court proceedings for unresolved claims. All claims are batched sequentially for resolution.
Fees and Costs
All arbitration fees will be governed by the AAA Rules. Offline Social Ltd. will not seek attorney fees unless the arbitrator finds the claim frivolous or filed for improper purposes.
Severability
If any part of this Arbitration Agreement is deemed unenforceable, the remaining parts shall remain effective, except for the class action waiver, which is non-severable. If the class action waiver is found unenforceable, the entire Arbitration Agreement will be void.
8. Disclaimer and Limitation of Liability
8.1. We will not be liable to you for any damages or losses arising from your use, or inability to use, the Platform. This includes any indirect, incidental, or consequential damages, such as loss of profits, revenue, business opportunities, or reputation, regardless of whether such losses are foreseeable. Our liability is excluded whether the claim arises in contract, tort (including negligence), breach of statutory duty, or otherwise.
8.2. While we aim to provide a functional and reliable Platform, we cannot guarantee that it will be error-free, virus-free, or that defects will be corrected. The Platform is provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.3. Nothing in these Terms limits our liability for personal injury or death caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
8.4. You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses (including legal fees) arising from your use or misuse of the Platform or any breach of these Terms. This includes any third-party claims resulting from your actions or use of the Platform.
8.5. If you are unhappy with the Platform or these Terms, your sole remedy is to discontinue using the Platform.
The disclaimers and limitations of liability in this section apply equally to our affiliates, licensors, and service providers.
9. Accuracy of Information and Platform Availability
9.1. While we strive to ensure that the information on the Platform is accurate, we do not guarantee the accuracy, completeness, or currency of the content. The Platform is provided on an "as is" basis, and we disclaim any warranties regarding the quality, fitness for a particular purpose, or compatibility with third-party systems.
9.2. We do not offer legal, financial, or technical advice through the Platform. Any reliance you place on content from the Platform is entirely at your own risk.
9.3. We cannot guarantee that the Platform will always be available or uninterrupted. If you experience issues accessing the Platform, you can contact us at [your support email].
10. Content Review
10.1. To comply with legal obligations, we may review content or data you submit to the Platform to ensure it complies with these Terms. However, we have no general obligation to monitor user content.
10.2. We reserve the right to remove or block access to any content that violates these Terms or applicable law, and we are not responsible for content deemed inappropriate, abusive, or unlawful.
10.3. To report inappropriate or illegal content, please contact us at [your support email].
11. Intellectual Property Rights
11.1. "Intellectual Property Rights" refers to all rights in patents, copyrights, trademarks, design rights, trade secrets, and any other similar rights, whether registered or unregistered, that exist now or in the future.
11.2. Unless otherwise specified, all intellectual property related to the Platform and its content is owned by us or our licensors. This includes, but is not limited to, trademarks, logos, and software. All rights are reserved.
11.3. You are granted no rights to the Platform’s content other than to browse and use it as intended. You may not copy, reproduce, modify, distribute, or exploit the content without our prior written consent.
11.4. You retain ownership of any data or content you submit to the Platform, but by submitting such data, you grant us a license to use, reproduce, and display that content in accordance with our Privacy Policy.
12. Our Rights
12.1. We reserve the right to:
(a) Modify or temporarily withdraw the Platform, or any part of it, with or without notice to you. We will not be liable for any modification or withdrawal of the Platform.
(b) Suspend or permanently terminate access to the Platform for any reason, including failure to comply with these Terms or applicable law.
(b) Make changes to these Terms. Your continued use of the Platform following such changes constitutes acceptance of the new Terms. If you do not agree with the changes, you should discontinue using the Platform.
13. Links to Third-Party Sites
The Platform may contain links to third-party websites or services. These links are provided for your convenience, and we do not endorse or guarantee the content or products offered by these sites. You access such sites at your own risk, and we recommend reviewing their terms of use and privacy policies before engaging with them.
14. Linking to the Platform
You may link to our Platform's homepage as long as it is done fairly and legally, without damaging our reputation or implying any association or endorsement where none exists. We reserve the right to withdraw linking permission at any time.
15. Viruses and Security
We do not guarantee that the Platform will be secure or free from viruses or other harmful elements. It is your responsibility to configure your devices and install antivirus software. We are not liable for any damage or loss caused by viruses or other malicious software contracted through the use of the Platform.
16. Force Majeure
We are not liable for any delay or failure to provide the Platform due to events beyond our reasonable control, such as natural disasters, war, strikes, or other unforeseen circumstances. This includes interruptions to services due to technical issues not caused by us.
17. General
17.1. Data Protection
Your personal information will be handled in accordance with our Privacy Policy.
17.2. Transfer of Agreement
We may transfer our rights and obligations under these Terms to another organization. If this occurs, we will notify you, and the transfer will not affect your rights under these Terms.
17.3. Severability
If any part of these Terms is found to be unlawful, the remaining sections will continue to apply.
17.4. Compliance with Local Laws
You are responsible for complying with local laws if you access the Platform from outside England and Wales.
17.5. Third-Party Rights
These Terms are between you and us. No third party has the right to enforce any of these Terms.
17.6. Breach of Terms
We may take action, including suspending or terminating your access to the Platform, if you breach any of these Terms.
17.7. Delay in Enforcement
If we delay in enforcing these Terms, we can still enforce them at a later time.
17.8. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. If you are located in the United States, the Terms will be governed by the laws of New York, and disputes will be resolved in New York state or federal courts.