Terms & Conditions

Overview

These Terms and Conditions (the “Terms”) describe your rights and obligations in connection with your receipt and use of the services provided by On Island in connection with your On Island Membership, Meeting Room or other services specified herein (the “Services”, as further described below). Please read these Terms carefully, as they affect your legal rights. By using the Services, you are agreeing to abide by and be bound by these Terms.

Who we are. We create online and physical communities for creators. Who we are for the purposes of these Terms is On Island Ltd. We reserve the right to change the legal entity that charges you for the Services. The relevant entity with which you enter into these Terms shall be known in these Terms as “we,” “our” “us” or “On Island”.

Who you are. References to “you,” “your” and similar words in these Terms refer to the individual or entity registering for any Services and agreeing to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity to these Terms.

For the avoidance of doubt, references to “Services” in these Terms refer to your access to and use of our online member network, member-only events and offerings and space in any of our On Island locations (each, a “Premises”) and certain other related services and features we provide. The exact Services you receive will depend on:

the product or services you have purchased; the Services available, which may vary by Premises; and additional features and Services selected by you, such as through a “Service Package”, which may be subject to additional guidelines, terms, conditions and/or rules (“Additional Terms”), including additional payment obligations. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference.

To use the Services, you’ll have to logon to the On Island website at www.onislandtc.com agree to these Terms.

How we might change our Services or these Terms. The availability and scope of the Services, are subject to change from time to time in our sole discretion. Without limiting the generality of the foregoing, you acknowledge that our Premises, and the Services we may offer at any of our Premises, are also subject to change from time to time. From time to time, we may also make modifications, deletions or additions to these Terms and will provide you with notice of changes to these Terms or to Services that apply to you, by emailing the last email address provided by you in your profile or by posting a notice on the On Island website. Most changes will be effective immediately upon notice, except that pricing and fee changes will be effective upon your next subscription period. If you don’t agree to the changes, you may cancel your On Island Membership at any time, but note that there are no refunds for early cancellation.

Membership

Membership requirements. The Services are available to members and guests who are at or above the 18 years of age, unless we specify otherwise. You agree to provide us with accurate and complete information about yourself when you register with us and as you use the Services.

Passwords and keycards. Don’t reveal your membership account password or transfer access device or credentials to anyone else (or let them use your account), and don’t make any copies of or give to any third party any keys, keycards, or other means of entry to our Premises (each, an “Access Device”). You are responsible for maintaining the confidentiality of your password and security of your Access Device. You must promptly notify us if you suspect your password or Access Device has been compromised.

Linking to a company. During the registration process, you may identify a Company (defined below) with whom your profile is associated. Alternately, your individual profile may have been created by an authorised representative of your employer or other entity for which you provide services (a “Company”), and your profile will be associated with such Company. You agree that you will not falsely represent your association with any Company, impersonate any third party, or otherwise submit or present any false or misleading information to us or the On Island community. In the event your relationship with the Company in your profile changes or ends, you agree to promptly update your profile to reflect this, you may submit a request to do so at hello@onislandtc.com. If your On Island Membership is provided by a Company, you may lose access to the Services upon termination or change in status of your relationship with such Company. If you are an authorised representative of an entity receiving the Services, you hereby warrant and represent to us that (a) you have the proper authority to create, terminate and maintain the company account and to add and remove individual members to and from the account and (b) you have obtained all necessary consent from any applicable individuals for the creation of their accounts and the processing of individual information within and outside of the Turks and Caicos Islands. You agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations.

Payment

Payments. By signing up for an On Island Membership or any other Services (including any Service Packages or Daily Desk or Meeting Room reservations) and providing your payment information, you agree to pay us the recurring or nonrecurring fees associated with the particular Services you are purchasing, as displayed to you at the time you create your account and/or sign up for the relevant Services, or as updated by us from time to time upon notice to you. Daily desk or day pass, and week pass purchases will expire 7 days after the date of purchase if not used. You acknowledge and agree that the payment method provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our Premises or property) in connection with the Services. Only a single payment method may be used at any given time to make payments for all Services you purchase in a single transaction. You must keep your payment information up-to-date and accurate. Recurring fees, which may include recurring membership fees (“Membership Fees”) and any other recurring fees you have agreed to in connection with the Services will be charged on the same day of each month as the start date of your membership, unless we notify you otherwise. Any non-recurring fees will be charged within thirty (30) days of you accruing such fees. If payment for your Membership Fee or any other accrued and outstanding fee is not made by the date on which such payment is due, or if we are unable to charge your payment instrument for any reason, your use of the Services may be immediately suspended, and eventually terminated. When we receive funds from you, we will first apply the funds to any balances which are in arrears and to the earliest month due first. Once past balances are satisfied, any remaining portion of the funds will be applied to current fees due. The fees applicable to your account may be subject to modification from time to time, and such modifications will become effective upon your next subscription period. Your continued use of the Services following notice of any such modifications, and through the next payment date, constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees.

Refunds. Refunds are made at the discretion of On Island. All fees must be paid in the currency of US Dollars or as otherwise specified by On Island.

Use and Termination

House Rules. The Premises has House Rules governing the expected behavior in such Premises, which you can find displayed at the Premises and which you must comply with while using Services in the Premises. The House Rules of the Premises are hereby incorporated into these Terms and may also be found on the On Island website at www.onislandtc.com. House Rules may be revised from time to time. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other members, any guests or any other third parties property of any of the foregoing..

Service Restrictions. Your On Island Membership, to the extent applicable, is specific to you. You cannot add additional members to your account or share your account credentials or Access Device with any other individual. Furthermore, you must not use any Services or any space you reserve or occupy in any Premises in a “retail,” “medical,” or other nature involving use by or visits from members of the public (i.e. by non-members). Guests will only be provided access with a meeting room booking by a member or with an On Island guest pass.

Security. For security purposes, we may regularly record via video certain areas of our Premises, with such recording having no audio. If we deem it reasonably necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process, police or government request, or to protect us, our members, or other individuals, or any of our or their property. It is your obligation to notify any of your guests about this policy.

Additional Services. Additional Services may be available to you from time to time, either in connection with specific Premises or pursuant to special or additional features, Service Packages, or other offerings. For more information about additional Services that may be available to you, please email hello@onislandtc.com or go to the On Island website. Additional Terms may apply to the additional Services, and to the extent you are receiving any additional Services, the applicable Additional Terms are hereby incorporated into these Terms by this reference.

Meeting Room. You may reserve the meeting room for conferences for an additional fee of $50.00 per hour (or part thereof), subject to availability of the meeting room. Such Fees are subject to change from time to time. Guests are only permitted in the meeting room during reserved meeting times. If guests use the meeting room without reserving, fees are subject to be charged. Access to the Meeting Room will be restricted during On Island networking events/workshops/talks. On Island members will be notified of any such restriction in advance.

Property. We are not responsible for any property you bring with you or leave behind at our Premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. Prior to the termination or expiration of your On Island Membership, you must remove all of your property from On Island Premises. After providing you with reasonable notice, such items will be deemed abandoned and we will be entitled to dispose of any property remaining in any of our Premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal.

Damage. You may be held liable (and do hereby authorise us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, agents or invitees.

Common areas. If you are accessing our space pursuant to these terms, common spaces in our Premises are to be accessed by you and other members. Non-member guests are entitled to attend at the Premises for meetings with members in the Meeting Room (during a period in which the Meeting Room has been hired by the applicable member), but other than for access to the Meeting Room are not permitted in the workspace area.

Intellectual Property of others. You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests or agents, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.

You and other members. We do not control and are not responsible for the actions of other members or any other third parties. If a dispute arises between members or their invitees, or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party.

Account termination by On Island. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms or the House Rules, or at any other time when we in our reasonable discretion see fit to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you. In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason. You can cancel your account at any time, by submitting a request at hello@onislandtc.com. Please note that if your individual account was created by a Company, (a) an authorised representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company’s account remains active, and even if you continue to be employed or engaged by such Company. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your On Island membership.

Account Termination by You. You can cancel your account at any time, by submitting a request on one week’s notice in advance of your payment date at hello@onislandtc.com. Your account will remain active until the end of that month’s billing period. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your On Island membership. Please note that if your individual account was created by a Company, (a) an authorised representative of such Company may at any time terminate your individual account by contacting us, and (b) we may terminate your account, even if the Company’s account remains active, and even if you continue to be employed or engaged by such Company. Cancellation will be effective from the payment date following our receipt of the Company’s notice of cancellation.

Marketing Communication. To receive marketing communications, you can opt-in by clicking the “subscribe” link in any such promotional emails, checking the relevant box located on the form on which we collect your data.

Use of the On Island brand. You may not take, copy or use for any purpose the name “On Island” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of any On Island premises, without our prior consent.

Privacy

Member Directory. A Member Directory will be published on our site – with a Member profile photo, bio and contact details. Members can opt-in or opt-out of having their details posted on the Member Directory.

Publicly posted information. Any information posted by Members on open areas of the site (i.e. those areas open to other members, including but not limited to blogs/comments or third party forums e.g. Slack) will be visible to and may be collected, stored and used by anyone with access to such area, to which you hereby consent.

Information you voluntarily provide to us. If you contact us by phone, email, instant message, live chat, social media, or by some other means, we may keep a record of your contact information (including your name, company name, email, address and phone number) and the correspondence.

Limitation of Liability

Waiver and Release of claims. To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “On Island Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet (“Claims”) and release the On Island Parties from any such Claims.

We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals using the Services or in attendance at our Premises. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.

We do not have liability for third party products or services. The Services may provide you with access to third party products or services. The Services may also provide you with access to advertisements from our other third party business partners that we may have from time to time. We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any third party products, services, advertisements or other materials. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Services or any products, services or other materials relating to any advertisement. You agree that our making available access to these third parties and/or third party services does not constitute provision of such third party services by us, and you will look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection with such third party services.

Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of any of the On Island Parties to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or Service from which the claim arose in the twelve (12) months prior to the claim arising. None of the On Island Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against any of the On Island Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.

For the avoidance of doubt, nothing in these Terms will exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation or (c) any breach of any implied terms which cannot lawfully be excluded.

Disclaimer of warranties and implied terms. The Services are provided “AS IS”. To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect to the Services, including warranties, terms or representations as to the availability, operation, performance and/or use of our Services, or any other materials on or accessed via the Services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade.

Indemnification

You agree to hold us harmless. You will indemnify and hold harmless the On Island Parties from and against any and all claims, liabilities, damages and expenses (“Claims”) including attorneys’ fees, resulting from any breach of these Terms by you or your employees, agents or guests, or your or their invitees or by any of your or their actions or omissions, and On Island will have sole control over the defence of any such Claims. You are responsible for the actions of and all damages caused by all persons that you or your agents, employees or guests invite to enter the On Island Premises. You shall not make any settlement that requires a material act or admission by any of the On Island Parties, imposes any obligation upon any of the On Island Parties or does not contain a full and unconditional release of the On Island Parties, without our written consent. None of the On Island Parties shall be liable for any settlement made without its prior written consent.

You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the On Island Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.

Governing Law

These Terms and the transactions contemplated hereby shall be governed by the laws of the Turks and Caicos Islands.

Jurisdiction. You and we irrevocably agree that the Courts of the Turks and Caicos Islands shall have exclusive jurisdiction to settle any dispute or claim (whether arising out of the Terms, use and attendance in at the On Islands Premises, the Services or otherwise).

General Provisions

Entire Agreement. These Terms as well as our House Rules and any guidelines, terms, regulations or rules that may be posted or provided to you by On Island from time to time constitute the entire agreement between us regarding the Services and supersedes and extinguishes any prior proposals, understandings, promises, warranties, assurances, representations and communications.

Severence. If any provision of these Terms, House Rules and/or any guidelines, terms, regulations or rules that may be posted or provided to you are held to be unenforceable, then that provision is to be interpreted either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this paragraph, the rest of these Terms, House Rules and/or any guidelines, terms, regulations or rules that may be posted or provided to you by On Island from time to time are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Non-Waiver. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.

Nature of these Terms. Notwithstanding anything in these Terms to the contrary, these Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, Premises or anything contained in our Premises. These Terms create no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.

Contacting us. If you have any questions relating to these Terms, please contact us at hello@onislandtc.com.