Welcome to Offtodo !
The Terms and Conditions herein set forth govern your use of the Offtodo mobile application ("App") and related services provided by Offtodo ("we," "us," or "our"). By using Offtodo, you agree to comply with and be bound by these Terms and Conditions (Terms ).
By accessing and/or using the App, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the App.
We may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the App after such posting constitutes your consent to be bound by the Terms, as amended.
In addition to these Terms, certain plans, offers, products, services, elements, or features may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element, or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. Our Privacy Policy (https://offtodo.com/privacy/) is hereby incorporated by reference.
In addition to these Terms, certain plans, offers, products, services, elements, or features may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element, or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. Our Privacy Policy (https://offtodo.com/privacy/) is hereby incorporated by reference.
Our platform enables users to schedule, book, access, and attend a wide range of recreational, tutoring, career development, sports, fitness, and wellness experiences offered and operated by institutions, instructors or other third parties (collectively, "Hosts"). Offtodo itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate, or control any of the experiences that are offered at or through such facilities.
Users automatically start using the free plan of Offtodo when they sign up. The free tier allows hosts to schedule an unlimited number of sessions and participants to directly book an unlimited number of sessions. We reserve the right to modify, terminate, or otherwise amend our offered options and plans at any time at our discretion.
Users can book experiences on the App by directly purchasing single or multiple sessions. In certain cases, additional products, services, and/or features might be available for purchase. You acknowledge and agree that these Terms apply to bookings or any other such purchase you make and you will be responsible for paying the applicable fees, which may change at any time.
We do not guarantee the availability of particular experiences, session hosts, locations, sessions, services, content, inventory, spots, or other features, and availability may change over time and at any time. The type, quantity, allocation, and availability of session hosts, sessions, and other inventory offered, are determined by the primary host of the listing in its sole discretion.
Your account is personal to you and you agree not to create more than one account. You cannot allow third parties to use your account, including other App users. You must not use or exploit the App for commercial purposes. We continually update and test various aspects of the platform. We reserve the right to and by using the App you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that we may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide us at sign-up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times.
You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the App you must have access to the Internet and are required to download the App to use all of our features. You are solely responsible for providing your own access (e.g., mobile device, Internet connection, etc.) to the App.
The availability of all or part of our App may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from using the App features based on these criteria. For example, you must be 18 years of age or older to use the App. You further understand that the App may not be available in every geography.
We currently operate in some regions of Sri Lanka and may extend its reach to the entire island and to many countries worldwide in the future. Please ensure that you are viewing the [terms](https://offtodo.com/terms) for the latest updated version. The app is not available to any users suspended or removed from the App by us. By using the app, you represent that you are at least 18 years old and have not been previously suspended or removed. those who choose to access the app do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email or other electronic messages, or privacy.
By providing your information or creating an account, you agree that we may contact you by email, direct mail, telephone, or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with an Offtodo account, including for marketing purposes. You may opt out of marketing emails via the provided unsubscribe link or otherwise opt out by contacting us at helpdesk@offtodo.com at any time.
If you have express permission from us to open or use an account on behalf of a company, entity, or organization (a "Subscribing Company"), then you represent and warrant that you are an authorized representative of such company with the authority to bind such company to these Terms and agree to be bound by these Terms on its behalf.
Participants will be refunded the purchase value of their session as Offtodo Credits if the host cancels a session.
Payment methods can be changed, updated, or deleted at the point of purchasing a new session. If payment is not successfully completed due to expiration, insufficient funds, or otherwise, a booking will not be created. Card details will be saved by the third-party payment gateway to enable quick pay for the user's next purchase.
As a primary host, you can withdraw your earnings into your personal bank account or business bank account (if the listing is owned by a business). You can only enter these bank details once per listing and this information cannot be modified after, unless a modification request is sent to helpdesk@offtodo.com. If the modification request is approved, you might be eligible to change these details.
You are also responsible for all third-party charges and fees associated with connecting to and using the App, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax, and any other fees necessary to access the App.
As an Offtodo participant, you must reserve experiences only through the App. It is a breach of these Terms if you reserve directly with a host, including through any online or mobile account you have with the host, independent of us. If you reserve directly with such a host, we reserve the right to suspend or terminate your account.
As an Offtodo host, you must manage, reschedule, and/or cancel your sessions only through the App. It is a breach of these Terms if you manage, reschedule, and/or cancel directly with a participant, including through any online or mobile account you have with a participant, independent of us. If you manage, reschedule, and/or cancel directly with such a participant, we reserve the right to suspend or terminate your account.
From time to time we may make available certain incentives for Offtodo users to refer a friend to use Offtodo.
Offtodo may offer additional types of offers and promotions which will be subject to additional terms and conditions that Offtodo may provide.
You understand and agree that if we determine that you have violated the Terms herein contained or otherwise engaged in illegal or improper use of your account, experiences and/or the App, at any time without prior notice we may terminate, cancel, deactivate, disable, delete, and/or suspend your account, any bookings, listings, upcoming sessions, Offtodo Credit balance or your access to or use of the App.
We shall have no liability for and you shall have no recourse for any such termination or deactivation. You agree that Offtodo will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification.
However, if you are a host, upon any such termination by us as your sole recourse, we will transfer your earnings in the wallet (less any fees or costs for sessions or services already used).
Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. When you make a reservation, the applicable Host partner will have access to certain information about you, such as your name and email address so it can provide services to you, communicate with you regarding the class you reserved and send you other communication that may be of interest to you such as marketing offers. Please see the [Privacy Policy](https://Offtodo.com/privacy/) for more information.
You shall at all times when using the App
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
You shall not or permit any third party to either (i) take any action or (ii) upload, download, post, submit, transmit, input or otherwise distribute or facilitate distribution of any Data on or through the Services that:
The App provides certain features that enable you and other users to submit, post, share, and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, information about reserved or attended sessions, friend connections or any other information submitted by you and other users or arising from your use of the App ("User Submissions"). User Submissions also include reviews, ratings, and other feedback ("Reviews"). We strongly recommend that you think carefully about what you upload to, share with, or make accessible to the App. We do not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.
You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of the app), including any Host, may read or have access to your Reviews. We are not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by and may not reflect our opinion. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not we, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the App.
We make no representations that it will publish or make available on the App any User Submissions and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the App or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, we comply with applicable law, and will remove User Submissions upon receipt of a compliant takedown notice, court order, or government notification. We may, but are not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that we determine in our sole discretion to violate the standards of this App. We take no responsibility and assume no liability for any User Submissions.
By accessing and/or using our services, you hereby grant us and our affiliates, sublicensees, partners, designees, and assignees of the App (collectively, the "Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the App and Offtodo's (and its successors') business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the App (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You acknowledge that you may have what are known as "moral rights" in your User Submissions, for example, the right to be named as the creator and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing, or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that : (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by us and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Offtodo' or any Offtodo Licensee's use of such User Submissions pursuant to these Terms, and Offtodo' or any of Offtodo Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libellous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
You understand that when using the App, you may be exposed to User Submissions from a variety of sources and that we do not endorse and are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the App ("Feedback"), we shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the App. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by, or compensation to you or any third party.
In the event of infringing or other illegal activities, we have no obligation to but reserve the right to terminate access to the App and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
You may be required to rate the sessions that you book.
You give us permission to use and display your User Submissions next to or in connection with ads, offers, and other messages, without any compensation or advance notice.
The App may include links or access to other web Apps or services ("Linked Apps") solely as a convenience to users. We do not pre-screen, monitor or endorse any such Linked Apps, or the information, material, products, or services contained on other linked Apps or accessible through other Linked Apps. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked Apps. Access and use of linked Apps, including the information, material, content, products, and services on linked apps or available through linked Apps, is solely at your own risk.
Sometimes promotional plans are offered in conjunction with the provision of third-party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the App are solely between you and such third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the App.
You acknowledge and agree that by clicking on the button labeled "Checkout & Pay," "Continue", "Create", "Book Experience", "I Accept" or such similar links as may be designated by us to accept the Terms and Conditions, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the app or services offered by us.
Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Experiences and other non-offtodo products and services made available via the App are provided by third parties (and the descriptions of the foregoing posted on the App are provided by such third parties), not offtodo. to the fullest extent permissible pursuant to applicable law, your use of the App and your attendance at, participation in, purchase, and/or use of the experiences, is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the App.
In no event shall we be liable for any act, error, or omission by any third party, including, without limitation, any that arises out of or is in any way connected with a User's attendance, use of or participation in a session or product, or the performance or non-performance of any third party. We are not an agent of any third party.
All aspects of or content or features available through the App are provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we, on behalf of itself and its suppliers and partners, disclaim and exclude all warranties, whether statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Without limiting the foregoing, we do not warrant or make any representations (i) that the App is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any experience or recommendation, (iii) that the App, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the App, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that the App and any downloadable software, content, services, or applications made available in conjunction with or through the App or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the App and any downloadable software, content, services, or applications made available in conjunction with or through the App in terms of correctness, accuracy, reliability, or otherwise. Any material, content, or data that you download or otherwise obtain through the app is at your own risk. You are solely responsible for any damage to your computer system or loss of data resulting from the download of such material, content or data. Certain applicable laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these terms might not apply to you, and you might have additional rights. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the App, and no warranties shall apply after such period.
You understand that we are not a gymnasium, place of amusement or recreation, health club, facility, fitness studio, or similar establishment and the experiences they provide are operated and delivered by the applicable host and not by us. We are not responsible for the quality of any experience provided by a host or third party (including but not limited to the facility, session host or curriculum). You are solely responsible for determining whether the experience or recommendations available on or through the app are right for you.
You understand that there are certain inherent risks and dangers in partaking in certain experiences and that the experiences you may attend or participate in offer a range of activity and intensity levels. By using the App (including but not limited to attending, participating in, or using an experience), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using the App (including but not limited to attending, participating in or using an experience) and to determine if and how participating is appropriate for you. Do not purchase experiences if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while participating in an experience, you should stop immediately.
The App is continually under development and we make no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.
Therefore, to the fullest extent permitted by law, you release, indemnify, and hold us harmless, our parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the App and/or attendance at, participation in, purchase of and/or use of any experience) including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.
You agree to indemnify and hold us, our affiliated entities, subsidiaries, our suppliers, service providers, and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys' fees, arising out of or in connection with your misuse of the App, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.
Under no circumstances will we or our affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Participants booking experiences are deemed to agree to the liability waivers and terms of Hosts. Your participation in any experience may be subject to additional policies, rules or conditions of the applicable Host and you understand and agree that you may not be permitted to reserve or attend experiences if you do not comply with these Terms or the policies of the Host or as otherwise determined by a Host. If you have questions about a Host's waiver or other terms, please see the applicable Host's website or contact the Host directly.
This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka. Any dispute shall be subject to the exclusive jurisdiction of Sri Lanka.
In the event that a dispute shall rise in relation to this Agreement, including any question regarding its existence, terms, validity or termination, the Parties shall first seek settlement of that dispute through negotiation. If the dispute is not settled by negotiation within fifteen (15) working days following the due service of a notice of dispute by one party to another, or such further period as the Parties shall agree in writing, the dispute shall be referred to and finally resolved by Arbitration under the Arbitration Laws of Sri Lanka. The selected language in the arbitration shall be English and the number of Arbitrators shall be One. The seat, or legal place of Arbitration shall be Sri Lanka.
These terms contain a binding arbitration agreement and class action waiver that require you to arbitrate all disputes you have with us on an individual basis. You expressly agree that disputes between you and us will be resolved by binding individual arbitration of a single Arbitrator appointed by mutual agreement and you hereby waive your right to participate in a class action lawsuit or class-wide arbitration.
The award thereof shall be final and binding upon the Parties to the dispute.
We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and will not be deemed to limit or affect any of the provisions hereof.
These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Offtodo relating to the subject matter herein.
Subject to applicable local law, in the event you have a cause of action that is not otherwise barred by these terms, you and we agree that any cause of action arising out of or related to these terms and/or the app and/or attendance at, participation in, use of or purchase of classes must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The services hereunder are offered by Mabs Circle (Pvt) Ltd., located at No.74 Hathbodiya Road, Kalubowila, Dehiwala. Contact us here.
No waiver of any of these Terms by us is binding unless authorized in writing by an executive officer of Offtodo. In the event that we waive a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect our right to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
Except as explicitly stated otherwise, legal notices will be served, with respect to us, on our national registered agent, and, with respect to you, to the email address you provide to us during the registration process. Notice will be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.