O3 (trading as “Oyster Group”) provides a personalized subscription that allows our members to access our spaces (as “O3”) internationally. These Terms of Use govern your use of our spaces. As used in these Terms of Use, "O3space", "our space" or "O3" means the workspace cafe provided by O3, including all features and amenities, events, benefits, our website and our apps associated with our space. References to ‘you’ in these Terms of Use indicate the member who created the O3 account and whose payment method is charged.
1.1. Your O3 membership will continue until terminated. To use the O3space you must register online with the O3 app, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of subscription plans. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your O3 subscription by visiting our website.
We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by O3 at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members with an existing or recent O3 membership may not be eligible for certain introductory Offers. We may use information such as method of payment or an account email address used with an existing or recent O3 membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
3.1. Billing Cycle. The subscription fee for the O3spaces and any other charges you may incur in connection with your use of the space, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. We may authorise your Payment Method in anticipation of subscription or service-related charges through various methods, including authorising it for up to approximately one month of service as soon as you register.
3.2. Payment Methods. To use the O3spaces you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the spaces until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.3. Updating your Payment Methods. You can update your Payment Methods. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your O3 membership at any time after the minimum commitment period, and you will continue to have access to the O3spaces through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused O3 membership. To cancel, go to our website/app and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
3.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.
4.1. By signing up to become a member, you agree to obey the O3space Rules.
4.2. In the O3spaces across the globe, you are expected to comply with all of the reasonable requests from the staff. You are also expected to respect other members; unlawful, noisy, offensive or threatening behaviour is not acceptable in or around our spaces.
4.3. While in our spaces, you should avoid injury to others and leave bicycles, skateboards, scooters and rollerblades outside. Car Parks are provided on a first-in-first-serve basis.
4.4. Our spaces are equipped with surveillance cameras, however, you are advised to always keep an eye on your own possessions. O3 is not responsible for any stolen property.
4.5. You should leave animals outside of our spaces unless approved by a staff.
4.6. You should avoid any damage to the amenities or contents of our spaces. If your behaviour has caused such damages, you need to notify us immediately and you will be responsible to remedy.
4.7. Any of the contents of our spaces are property of O3 and should not be taken away from our spaces. Taking them away without permission from the staff will be seen as theft, and O3 holds the right to take any legal action against such actions.
4.8. O3 membership is not transferable, and members are prohibited to share their membership with others. We may terminate or restrict your use of our spaces, if you violate these Rules or are engaged in illegal or fraudulent use of the spaces.
O3 software is developed by, or for, O3 and may solely be used to engage with O3 activities and access the physical spaces. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the O3 software and related third-party software.
5.1. Passwords and Account Access. You are responsible for any activity that occurs through the O3 account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and to prevent any unauthorised users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, O3 or our partners from identity theft or other fraudulent activity.
5.2. Warranties and Limitations on Liability. The O3 spaces are provided "as is" and without warranty or condition. In particular, our space may not be uninterrupted or without fault. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to.
5.3. Class Action Waiver. Where permitted under the applicable law, you and O3 agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and O3 agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand.
6.2. Unsolicited Materials. O3 does not accept unsolicited materials or ideas for O3 content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to O3.
6.3. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.4. Changes to Terms of Use and Assignment. O3 may, from time to time, change these Terms of Use. In case of material changes, we will notify you before such changes apply to you. If you do not wish to accept the changes, you can cancel your membership before they take effect. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
6.5. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Last Updated: October 5th, 2024
