Terms of Service

Guidelines for using our website and services.
 
Last Update: May 20th, 2023

  1. Introduction
    Welcome to oSplit! These terms and conditions govern your use of our website and services, which facilitate group buys among friends, friends of friends, and individuals in close proximity. By accessing or using our website, you agree to comply with these terms and conditions. Please read them carefully.

  2. Definitions
    In these terms and conditions:
    • "Website" refers to oSplit, including all its pages, features, and functionalities.
    • "Group buy" refers to the collaborative purchase of goods or services organized through the website among friends, friends of friends, and individuals in close proximity.
    • "Group sharing" refers to the purchasing a product for the purpose of sharing.
    • "Deal" refers to both Group Buy and Group Sharing.
    • "Organizer" refers to the user who initiates and manages a Deal through the website.
    • "Participants" or "group members" refer to individuals who join a Deal organized by an organizer.
    • "Friends" refers to individuals who have a pre-existing social connection with the organizer.
    • "Friends of friends" refers to individuals who are not directly connected to the organizer but share a social connection through mutual friends.
    • "Nearby people" refers to individuals in close proximity to the Deal's location, as determined by GPS coordinates.

  3. Eligibility
    By using our website and participating in Deals, you represent and warrant that:
    1. You are of legal age to form a binding contract in your jurisdiction, or if you are under the legal age, you have obtained parental or guardian consent to use the website and participate in Deals.
    2. You agree to establish and maintain a social connection with the organizer by logging in to the website using your social media account and providing necessary permissions.
    3. You agree to provide accurate and up-to-date information about yourself during the account registration process.
    4. You agree to abide by the terms and conditions outlined herein and any additional guidelines or policies provided by oSplit.
    5. You understand and acknowledge that oSplit uses GPS coordinates to establish proximity and connect individuals for Deals.
    6. You understand that participation in Deals involves financial obligations, and you agree to fulfill these obligations promptly and responsibly.
    If you do not meet the eligibility requirements outlined above, you are not permitted to use our website or participate in Deals. By using our website, you confirm that you meet these eligibility criteria and agree to comply with all applicable laws and regulations.

  4. Account Registration and Responsibilities
    1. Account Registration
      • To use the services provided by oSplit, you must create an account by logging in with your social media account. By doing so, you grant oSplit the necessary permissions to establish social connections and determine your proximity to others.
      • You agree to provide accurate, complete, and up-to-date information during the account registration process.
      • You are solely responsible for maintaining the confidentiality and security of your account credentials, including your login information. You must promptly notify oSplit of any unauthorized access or use of your account.
    2. Account Responsibilities
      • You are responsible for all activities that occur under your account and agree to use oSplit's services in compliance with these terms and conditions, applicable laws, and regulations.
      • You agree not to create multiple accounts or impersonate others on the platform.
      • You understand that oSplit does not hold any financial information, and you are solely responsible for managing the collaboration wallet and tracking money movement among participants.
      • You acknowledge that oSplit provides tools to track reservations, but it does not guarantee the availability of products or services within a Deal.
      • You agree to use the built-in chat feature responsibly, refraining from engaging in any illegal, abusive, or harassing behavior.

  5. Deal Creation and Management
    1. Creating a Deal
      • As an organizer, you can create a Deal by creating from scratch or duplicating templates provided by oSplit.
      • You understand and acknowledge that oSplit does not guarantee the fitness or suitability of the templates for your specific Deal.
      • You are responsible for setting up the Deal, including defining the terms, selecting the products or services, setting deadlines, and communicating with participants.
    2. Managing a Deal
      • As an organizer, you have the authority to manage the Deal, including accepting or rejecting participants, tracking payments, and ensuring transparency throughout the process.
      • You understand that oSplit does not verify the actions or credibility of participants or the organizer, and you assume all risks associated with participating in or organizing a Deal.

  6. Participant Responsibilities and Conduct
    1. Financial Obligations
      • As a participant, you understand that making a reservation in a Deal carries financial obligations, and you agree to fulfill these obligations promptly and accurately.
      • You acknowledge that oSplit is not responsible for participants who fail to make payments or organizers who fail to deliver goods or services.
      • Collaboration Wallet
        • oSplit provides a collaboration wallet feature to track the movement of funds among participants and the organizer. However, oSplit does not hold any money or act as a financial institution.
        • Participants are responsible for making payments to the organizer in a timely manner as agreed upon within the Deal.
        • oSplit is not liable for any disputes or issues arising from the financial transactions between participants and the organizer.
    2. Conduct
      • You agree to conduct yourself responsibly and respectfully when participating in a Deal.
      • You understand that oSplit provides a platform for collaboration and communication, and you agree not to engage in any illegal, abusive, or disruptive behavior within the built-in chat feature or the forum, if applicable.
    3. Payment for Reservations
      • Reserving means buying, and participants are expected to pay for the reservations they make through the Website.
      • By reserving a product or service, participants agree to fulfill their financial obligations as specified in the respective Deal.

  7. Reservation and Availability
    1. Reservation
      • Making a reservation within a Deal does not guarantee the availability of the item or deal.
      • Reservations are made on a first-come, first-served basis, subject to the availability of the products or services and any limitations set by the organizer.
    2. Availability
      • oSplit does not guarantee the availability, quality, or performance of the products or services offered within a Deal.
      • Availability may be subject to factors beyond the control of oSplit, such as limited quantities, supplier constraints, or unforeseen circumstances.

  8. Liability and Disclaimers
    1. Organizer and Participant Responsibilities
      • Participants and organizers bear full responsibility for their actions and interactions within a Deal facilitated by oSplit.
      • oSplit does not assume liability for any financial losses, damages, or disputes arising from the Deal transactions, including non-payment by participants or failure to deliver by organizers.
    2. Website Functionality and Services
      • oSplit strives to provide accurate and reliable services, but we do not warrant or guarantee the uninterrupted or error-free operation of the website or its features.
      • oSplit reserves the right to suspend, modify, or terminate the services temporarily or permanently without prior notice, and we shall not be held liable for any resulting inconvenience, loss, or damages.
    3. Third-Party Links and Services
      • The website may contain links to third-party websites or services that are not owned or controlled by oSplit.
      • oSplit is not responsible for the content, accuracy, or reliability of any third-party websites or services linked from our platform. The inclusion of these links does not imply endorsement or association.
    4. Assumption of Risks
      • By participating in a Deal or using oSplit's services, participants and organizers acknowledge and assume all risks associated with the transactions, including but not limited to financial losses, delays, and disagreements.

  9. Privacy and Data Protection
    1. Data Collection and Usage
      • oSplit respects your privacy and handles personal information in accordance with applicable privacy laws and regulations.
      • By using the website and participating in Deals, you consent to the collection, storage, processing, and use of your personal data as outlined in oSplit's Privacy Policy.
    2. GPS Coordinates
      • oSplit uses GPS coordinates to establish proximity between users for Deals.
      • The collection and use of GPS coordinates are solely for the purpose of connecting individuals within close proximity and are subject to your consent and permissions.
    3. Security Measures
      • oSplit employs reasonable security measures to protect your personal information and collaboration wallet data.
      • However, no data transmission or storage can be guaranteed as completely secure, and oSplit cannot be held responsible for unauthorized access, loss, or alteration of personal information.

  10. User-Generated Contributions:
    1. Contributions to Deals:
      As a user of the Site, you may have the opportunity to contribute comments, reviews, ratings, or other user-generated content related to specific Deals. By submitting any user-generated contribution, you acknowledge and agree to the following:
      1. Ownership and License:
        You retain ownership of your user-generated content. However, by submitting your contribution to the Site, you grant oSplit and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your contribution in any media now known or later developed.
      2. Content Guidelines:
        You agree that your contributions will comply with the following guidelines:
        • Your contributions shall be accurate and truthful to the best of your knowledge.
        • Your contributions shall not violate any applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or defamation laws.
        • Your contributions shall not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
        • Your contributions shall not contain any advertisements, promotional materials, or spam.
        • Your contributions shall not impersonate or falsely represent any person or entity.
      3. Monitoring and Moderation:
        While we do not actively monitor user-generated contributions, we reserve the right to review, edit, or remove any content that violates these Terms of Service or our content guidelines. We do not endorse or guarantee the accuracy, reliability, or completeness of any user-generated contributions.
    2. Chat and Forum Contributions:
      1. Respectful Conduct:
        When using the chat and forum features on the Site, you agree to engage in respectful and constructive communication with other users. You shall not engage in any of the following activities:
        • Harass, threaten, or intimidate other users.
        • Post or transmit any unlawful, harmful, defamatory, or obscene content.
        • Impersonate or falsely represent any person or entity.
        • Share personal or sensitive information about yourself or others.
        • Engage in any form of spamming, including repetitive or irrelevant posting.
      2. Moderation:
        We may moderate the chat and forum contributions to ensure compliance with these Terms of Service and our content guidelines. We reserve the right to remove or edit any content that violates these terms or is deemed inappropriate, without prior notice.
    3. Review Contributions:
      1. Focus on the product or service being reviewed and provide relevant details that would be helpful to other users.
      2. Avoid making false statements, spreading rumors, or engaging in personal attacks.
      3. Provide constructive feedback and suggestions, where applicable, to help improve the user experience or the product/service being reviewed.
    4. Disclaimer:
      We do not endorse or guarantee the accuracy, reliability, or completeness of any user-generated contributions on the Site, including those related to Deals, chat, or forums. Your reliance on any such contributions is at your own risk.
      By submitting user-generated contributions, you represent and warrant that you have the necessary rights and permissions to grant the license described above. You further agree to indemnify and hold oSplit and its affiliates harmless from any claims or liabilities arising out of your user-generated contributions.
      Please note that user-generated contributions may not reflect the views or opinions of oSplit or its affiliates. We encourage users to exercise caution and discretion when relying on user-generated content.

  11. Intellectual Property
    1. Ownership
      • All intellectual property rights related to the website, its content, features, and templates provided by oSplit remain the property of oSplit or its licensors.
      • You agree not to copy, reproduce, modify, distribute, or create derivative works based on the intellectual property of oSplit without prior written consent.
    2. Contribution License
      • By using oSplit's services, you grant oSplit a non-exclusive, royalty-free, worldwide, and perpetual license to use, display, reproduce, and distribute any content you provide within the platform.
      • You represent and warrant that you have the necessary rights and permissions to grant oSplit the license described above.

  12. Website Management
    1. Monitoring
      • We reserve the right, but not the obligation, to monitor the Website for any violations of these terms and conditions.
      • We may investigate any reported or suspected violations and take appropriate action, including but not limited to removing or disabling access to content, suspending or terminating accounts, and cooperating with law enforcement authorities.
    2. Modification or Removal of Content
      • We have the right to modify, remove, or disable access to any content on the Website, including user-generated content, at our sole discretion and without prior notice.
      • We shall not be liable for any loss or damage resulting from the modification, removal, or unavailability of content on the Website.
    3. Affiliate Links
      • We reserve the right to add or change your link to affiliate links. These links may generate commissions for us when participants make purchases through those links.
      • Any such affiliate links will be clearly disclosed, and participants will have the option to choose whether to proceed with the purchase through the affiliate link or directly from the original source.

  13. Prohibited Activity
    1. Access or use the Website for any purpose other than that for which we make the Website available.
    2. Engage in any unauthorized or illegal activities, including but not limited to hacking, defrauding, or attempting to circumvent our security measures.
    3. Systematically retrieve data or content from the Website without our prior consent.
    4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
    5. Use any information obtained from the Website to harass, abuse, or harm another person.
    6. Make improper use of our support services or submit false reports of abuse or misconduct.
    7. Engage in unauthorized framing of or linking to the Website.
    8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
    9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    10. Delete the copyright or other proprietary rights notice from any Content.
    11. Attempt to impersonate another user or person or use the identity of another user.
    12. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
    13. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
    14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the service to you.
    15. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
    16. Copy or adapt the Website's software, including but not limited to HTML, JavaScript, or other code.
    17. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
    18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
    19. Use a buying agent or purchasing agent to make purchases on the Website.
    20. Make any unauthorized use of the Website, including collecting identity and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    21. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
    22. Sell or otherwise transfer your profile.
    23. You agree to comply with all applicable laws, regulations, and third-party rights when using the Website.
    24. You shall not use the Website in a manner that violates any local, state, national, or international law or regulation.

  14. Termination or Suspension
    1. Termination by Users
      • You have the right to terminate your account and discontinue using oSplit's services at any time.
      • Termination does not release you from any obligations or liabilities incurred before the termination.
    2. Termination or Suspension by oSplit
      • oSplit reserves the right to suspend or terminate your account or Deal activities at its sole discretion if you violate these terms and conditions, engage in fraudulent or abusive behavior, or fail to comply with applicable laws or regulations.
      • oSplit shall not be liable to you or any third party for any damages or losses resulting from such termination or suspension.
    3. Effects of Termination or Suspension
      • Upon termination or suspension, your access to oSplit's services, including the collaboration wallet and group buy or group sharing functionalities, will be discontinued.
      • oSplit is not responsible for any loss of data or information associated with the termination or suspension of your account.

  15. Modifications to Terms
    1. oSplit reserves the right to modify or update these terms and conditions at any time, with or without prior notice.
    2. Any changes to the terms and conditions will be effective immediately upon their posting on the website.
    3. It is your responsibility to review the terms and conditions periodically. Continued use of oSplit's services after any modifications constitutes your acceptance of the updated terms.

  16. Dispute Resolution
    1. Disputes with the Website:
      In the event of any dispute or claim arising out of or in connection with your use of the Website, we encourage you to contact us first and attempt to resolve the issue amicably. Most concerns can be resolved quickly and to the satisfaction of both parties.
    2. Mediation and Arbitration:
      If a dispute cannot be resolved through direct communication, both you and oSplit agree to engage in good faith efforts to resolve the dispute through mediation. If mediation is unsuccessful or not applicable, any unresolved dispute, claim, or controversy arising out of or relating to your use of the Site shall be settled by binding arbitration conducted by a neutral arbitrator.
    3. Arbitration Process:
      The arbitration shall be conducted in accordance with the rules and procedures of the arbitration provider mutually agreed upon by both parties. The arbitration proceedings shall be held in a location convenient to both parties, or conducted remotely if agreed upon. The arbitrator's decision shall be final and binding upon both parties, and judgment on the award may be entered in any court having jurisdiction thereof.
    4. Exceptions to Arbitration:
      Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
    5. Release of Claims:
      By using the Site, you agree to release oSplit and its affiliates, directors, officers, employees, and agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between users, including disputes with organizers or other participants.
    6. Governing Law and Jurisdiction:
      These Terms of Service shall be governed by and construed in accordance with the laws of Seattle, United States. Any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Site shall be brought exclusively in the competent courts of that jurisdiction.

  17. Dispute Resolution
    1. Disputes between Organizer and Participants:
      Any disputes or claims arising between the organizer and the participants of a specific Deal shall be the sole responsibility of the organizer and the participants involved. oSplit shall not be held liable or responsible for any disputes, issues, or conflicts arising between the organizer and the participants. However, we encourage participants to communicate openly and attempt to resolve any concerns or disagreements amicably.
    2. General Guideline:
      In the absence of explicit details within the deal, the following guidelines apply:
      For Participants:
      • When reserving an item, it's expected that the individual intends to complete the payment for the reservation.
      • When a deal required a down payment, failing to pay by the designated deadline will result in no refund for the down payment.
      • Participants are expected to settle their payments after a successful deal ends, with a maximum grace period of one day from the deal's end.
      For Organizers:
      • In instances where the organizer cancel the deal, cannot deliver or provide the item, a refund of the purchase price should be initiated.
      • If a reserved item becomes unavailable, the organizer must consult the participant, even if substituting with a similar or higher-value item. In this case, the organizer is obliged to honor refund requests.
      • If the organizer is unable to fulfill the deal within Distribution Deadline, they must inform the participants. In this case, refund requests from participants should be honored.
      • Refunds (via bank transfer or cash) should be honored unless the balance is negligible.
      • Refunds should be processed within a timeframe of 3 days.
  18. Severability
    1. If any provision of these terms and conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the rest of the terms and conditions and shall not affect the validity and enforceability of the remaining provisions.
    2. The unenforceable provision will be replaced by a valid and enforceable provision that most closely achieves the intent and economic effect of the original provision.

  19. Disclaimer:
    You acknowledge and agree that:
    1. Content Accuracy:
      The content provided on the oSplit website is for general informational purposes only. We make no warranties or representations regarding the accuracy, reliability, completeness, or timeliness of the content.
    2. Third-Party Links:
      The Website may contain links to third-party websites, products, or services. These links are provided for convenience and do not imply endorsement or responsibility for the content, accuracy, or availability of such third-party resources. We shall not be liable for any damages or losses arising from your use of or reliance on any third-party websites, products, or services.
    3. Deal Availability:
      Reserving a deal through the Website does not guarantee the availability of the item or service. The availability of deals is subject to factors beyond our control, such as demand and stock availability. We do not guarantee the availability of any specific deals or the fulfillment of reservations.

  20. Limitations of Liability:
    To the maximum extent permitted by applicable law, you agree that oSplit and its affiliates, directors, officers, employees, and agents shall not be liable for:
    1. Direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Website or participation in group buys.
    2. Any loss or damage resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, theft, hacking, or other security breaches.
    3. Any errors, mistakes, or inaccuracies of content on the Website.
    4. Any interruption or cessation of transmission to or from the Website.
    5. Any bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the Website by any third party.
    6. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
    7. Any delay or failure in performance resulting from causes beyond our reasonable control.
    These limitations of liability apply regardless of the legal theory on which a claim is based, whether in contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages.

  21. Indemnification
    You agree to indemnify, defend, and hold harmless oSplit and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Website or participation in Deals.
    We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with our defense of such claim.