PERMITTED USE OF THE SITE
PROHIBITED USE OF THE SITE
By accessing the Site, you agree that you will not:
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Soca Islands servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Site in any manner that damages, disables, overburdens, or impairs any Soca Islands website or interferes with any other party’s use and enjoyment of the Site;
- Mirror or frame the Site or any part of it on any other web site or web page.
- Attempt to gain unauthorized access to the Site;
- Access the Site by any means other than through the interface that is provided by Soca Islands for use in accessing the Site;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
COPYRIGHTS AND TRADEMARKS
Soca Islands owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Soca Islands, the Soca Islands logos, and other marks used by Soca Islands from time-to-time are trademarks and the property of Soca Islands. The appearance, layout, color scheme, and design of the socaislands.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. Soca Islands may use and incorporate into the Site or the Soca Islands Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Soca Islands‘s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
INFORMATION AND MATERIALS YOU POST OR PROVIDE
LINKS TO THIRD-PARTY WEBSITES
Soca Islands cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
DISCLAIMERS, LIMITATIONS OF LIABILITY
SOCA ISLANDS AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOCA ISLANDS AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SOCA ISLANDS IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCA ISLANDS AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF SOCA ISLANDS OR ANY OF SOCA ISLANDS’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SOCA ISLANDS IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SOCA ISLANDS AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
ADDITIONAL TERMS OF SERVICE
If you are a customer of Soca Islands or an employee, representative or agent of a Soca Islands customer, your use of the Soca Islands Service is subject to Soca Islands‘s Agent Partner Agreement, available at http://www.socaislands.com/legal-stuff/#agent-terms
Correction of Errors and Inaccuracies.The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Soca Islands therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Soca Islands does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Copyright 2019 SOCA ISLANDS. All rights reserved
CLAIMS OF COPYRIGHT INFRINGEMENT
Soca Islands respects the intellectual property rights of others, and we ask our users to do the same. Soca Islands may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Soca Islands‘s website, please provide the following information to Soca Islands‘s Copyright Agent.
CONTACT SOCA ISLANDS:
The Soca Islands Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an e-mail to [email protected] or by sending a letter via U.S. Mail to: SOCA ISLANDS LLC, 414 Macdonough Street, Brooklyn, New York, 11233, USA, Attn: Legal Department.
SUBMISSION OF NOTIFICATION:
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Soca Islands to locate the material;
- Information reasonably sufficient to permit Soca Islands to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RECEIPT OF NOTIFICATION:
Upon receipt of the written Notification containing the information as outlined in 1 through 6:
- Soca Islands will remove or disable access to the material that is alleged to be infringing;
- Soca Islands will forward the written notification to such alleged infringer (the “Alleged Infringer”);
- Soca Islands will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Soca Islands‘s Copyright Agent that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which Soca Islands may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
RECEIPT OF COUNTER NOTIFICATION:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Soca Islands will promptly provide the Complaining Party with a copy of the Counter Notification;
- Soca Islands will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Soca Islands will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Soca Islands‘s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Soca Islands‘s network or system.
These terms and conditions were updated on June 29, 2019
SOCA ISLANDS CUSTOMER TERMS OF SERVICE
This is a contract between you (‘the Customer’) and SOCA ISLANDS LLC (‘Soca Islands’, ‘we’, ‘us’, ‘our’). It describes how we will work together. These terms are so important that we cannot have you purchase our service, nor participate in our events unless you agree to them. By purchasing our service (‘reservation’, ‘booking’), and participating in our events, you are agreeing to these terms and the terms expressed in our Customer Participation Agreement, available at http://www.socaislands.com/legal-stuff/#customer-agreement.
We periodically update these terms and we will let you know when we do via an in-app notification in your portal, or email.
CUSTOMER PARTICIPATION AGREEMENT
For SOCA ISLANDS’s policy relating to your purchase of our service and participation in our events, please review our Customer Participation Agreement which is hereby incorporated by reference to this Terms of Service. Your acceptance of this Terms of Service constitutes your acceptance and agreement to be bound by our Customer Participation Agreement available at http://www.socaislands.com/legal-stuff/#customer-agreement.
A non-refundable deposit payment is required to confirm your reservation. Any remaining balances are due 60 days prior to the start date of your reservation, otherwise your reservation will be cancelled without issuing a refund. In the event we cancel your reservation, you WILL NOT be allowed to use any part of your reservation (e.g. hotel stay, carnival costume, tours). Reservations made within 60 days of the start date of the reservation require payment in full.
REFUNDS, TRANSFERS AND CANCELLATIONS BY YOU
Should you decide to cancel your reservation within the first 48 hours, Soca Islands will refund all payments made by you. Outside of COVID-19 or similar pandemic situation, NO refunds will be issued should you decide to cancel your booking forty-eight (48) hours after the first payment for the reservation is made. You may transfer your reservation to another customer, however, the financial value of your reservation or payments is NOT transferable.
If your trip is going ahead, but you need to cancel due to COVID-19, we will waive our standard cancellation terms for the following reasons:
- The country you reside in restricts travel
- The destination you are traveling to restricts travel
- You contract COVID-19 and are unable to travel, as evidenced by a positive test result by a recognized government test, if not otherwise covered by your travel insurance.
In the above three circumstances, we will provide you with a transfer completely free of charge to a future departure on the same trip. Alternatively, we will offer a free transfer to another destination for the same price or a full refund where applicable and possible.
In some certain COVID-19 circumstances, our standard cancellation terms will apply. These include:
- You are not compliant with Soca Islands’s COVID-19 full vaccination requirement
- You are denied boarding on your flight to the trip due to failing airline COVID-19 checks
- If you are required to self isolate and therefore cannot travel due to a close contact contracting COVID-19
We recommend all customers purchase travel insurance that includes COVID-19 cancellation cover prior to departure on a Soca Islands travel experience.
You agree and understand that the charges on a credit card are irrevocable, undisputable, indisputable and may not be charged back, contested or challenged now or in the future. Doing so is a material breach of this agreement for which Soca Islands would be entitled to attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should you not pay the amount submitted by Soca Islands for the cost of the chargeback within 30 days after Soca Islands has submitted its amount of cost due to you contesting a charge, the charges will be turned over to a collection agency. Soca Islands shall have at its sole disposal any other legal remedy it independently chooses to pursue any collection against you for the cost of the chargeback. You further agree that proof of purchase by Soca Islands is all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to you.
You may traveling as a group and opted to share one room with members of your travel group. If for any reason, one or more of your roommates decide to cancel, you and your remaining roommates agree to an automatic increase in the price of your reservation in order to fully cover the cost of the accommodation.
Airport transfers and ground transportation are provided to and from our listed airport(s), your accommodation, and activities included in your reservation and itinerary. All other transportation requests will incur an additional fee.
You will be provided with an advanced copy of the travel schedule via WhatsApp and email. The transport schedule is subject to change at any time. Wait times of between fifteen (15) and thirty (30) minutes, will incur a late fee of $30.00 USD payable immediately. After thirty (30) minutes of wait time, the transport will depart from the venue; you are then responsible for own transportation arrangements from/to the venue.
You agree to have on your person at all times a working mobile telephone with a/an:
- Valid roaming plan that will allow you to make phone calls during your reservation
- Active data plan which will allow you to send receive messages from messaging apps. You further agree to have WhatsApp installed on the mobile device for the duration of the reservation.
PRICING AND GUARANTEES
The cost of your reservation is subject to change without notice when prices are released by third-party suppliers. You agree to accept any and all changes to the cost of your reservation that may occur when prices are released by third-party suppliers.
Soca Islands may not be able to guarantee fulfillment of every request made in your reservation (e.g. a particular hotel, or carnival band, or ticketed event). In the event Soca Islands is not able to deliver on any of your specific request(s), you will be notified and refunded accordingly.
CUTTING YOUR TRIP SHORT
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
THIRD-PARTY AND SUPPLIER TERMS AND CONDITIONS
Additional terms and conditions from third-parties and suppliers will apply to your reservation – for example, the supplier’s or third-party’s NO REFUND terms and conditions. Please read these additional terms and conditions which can be found on the supplier’s website carefully. You agree to abide by these additional terms and conditions from third-party suppliers. Soca Islands is not responsible for any and all breaches to these terms and conditions implicitly or explicitly committed by you, and NO refunds will be issued if you are unable to complete your reservation as a result of any breaches to a third-party supplier’s agreement.
CANCELLATIONS BY SOCA ISLANDS
Soca Islands reserves the right to cancel or change the itinerary of a reservation. In the unlikely event, Soca Islands have to cancel a trip, for any reason, we will offer you the following options:
- A transfer, free of charge, to any future departure date in the same destination
- A transfer, free of charge, to any future departure date in a different destination of the same value
- A full refund provided your trip qualifies for a refund
Occasionally, weather and/or other factors may cause delays getting into or out of an event, or make completing a reservation impossible. In these circumstances, there will be no refunds. Soca Islands is not responsible for any additional costs (e.g. airline flight changes, additional hotel nights, etc.) associated with reservation delays or itinerary changes due to weather or other factors.
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability, refund or pay compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, natural or nuclear disaster, disease, fire, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
ANTI-HARASSMENT POLICY / CODE OF CONDUCT
Soca Islands is dedicated to providing a harassment-free experience for everyone, regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion (or lack thereof), or technology choices. We do not tolerate harassment of our customers in any form. Sexual language and imagery is not appropriate for any indoor or outdoor venue regardless of destination, including tours, workshops, parties and online media.
If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a Soca Islands rep immediately. Customers asked to stop any harassing behavior are expected to comply immediately. Customers violating these rules may be have their reservation cancelled without a refund at the discretion of Soca Islands.
PASSPORTS, VISAS, VACCINATIONS AND INSURANCE
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
You should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
TRAVEL AND CANCELLATION INSURANCE
Adequate travel Insurance is mandatory and is a condition of your contract with us. You are responsible for arranging your own insurance cover. You are responsible for ensuring that you have alternative personal travel insurance with protection for the full duration of the tour in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate and appropriate cover. We recommend that you ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in your tour. You should satisfy yourself that the travel insurance you purchase meets your particular requirements and should arrange supplementary insurance if need be.
HEALTH, DISABILITIES AND MEDICAL CONDITIONS
We are not a specialist disabled tour company, but we will do our utmost to cater for any special requirements you may have. If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and also update us if/when any change in your condition or disability occurs.
You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person develops after your booking has been confirmed.
We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Soca Islands is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any claims you assert against us, our subsidiaries, carnival suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Service, regardless of whether prior versions of the Terms of Service required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Soca Islands Legal: Arbitration Claim Manager,” to [email protected] If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
This Terms of Service shall be governed by the laws of the State of New York, USA. You agree to submit to the non-exclusive jurisdiction of the Brooklyn court.
This Terms of Service is not assignable, transferable or sub-licensable by you except with SOCA ISLANDS’s prior written consent. SOCA ISLANDS may transfer, assign or delegate this Terms of Service and its rights and obligations without prior notice to you.
The Terms of Service have been drafted, and shall be construed, in the English language. Any translation of the Terms of Service is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Service shall always prevail.
Most of our travel experiences are STRICTLY for persons 18 years or older.
Soca Islands will not be responsible if the sizes provided and submitted to third-party suppliers for tee-shirts, pants, underwear, bras (regular, wire, other), vests, tank-tops do not fit.
Please contact us at [email protected] to report any violations of this Terms of Service or to pose any questions regarding this Terms of Service or the Service.
These terms and conditions were updated on November 10th 2021.
If you require a copy of Soca Islands LLC terms and conditions before this date, please contact [email protected]
SOCA ISLANDS CUSTOMER PARTICIPATION AGREEMENT AND ASSUMPTION OF RISK BY CUSTOMERS.
This is a contract between you (‘the Customer’) and SOCA ISLANDS LLC (‘Soca Islands’, ‘we’, ‘us’, ‘our’). It describes your acceptance of all risks associated with our service (‘event’, ‘activity’, ‘tour’, ‘package’, ‘service’). These terms are so important that we cannot have you participate in our events unless you agree to them. By purchasing our service, and participating in our events, you are agreeing to these terms.
We periodically update these terms and we will let you know when we do via an in-app notification in your portal, or email.
You understand and agree that attending and participating in any of our events, and participating in any indoor or outdoor activities does involve risk and that you are aware of the risks and dangers inherent in the activities you are planning to participate in during the event. You hereinafter state that in agreeing and accepting this Release for yourself, your family members, including minor children, and your employees or contractors you or your organization are sponsoring to attend the event, that you understand the intent of this Release and agree to absolve and hold harmless Soca Islands and its owners, agents, employees, and/or contractors connected with service in any way from and against any blame or liability for any injury, illness, disease, death, misadventure, harm, loss, inconvenience, or damage suffered as a result of participation in the contracted activity or any activity associated with it, including any harm, illness, death, disease, injury or damages resulting from the negligence or fault of Soca Islands and its owners, agents, employees, and contractors connected with the event.
If an organization or corporation is sponsoring any individual, the organization and/or corporation solely is responsible for providing a copy of this legal document to any individual it sponsors and the organization and/or corporation agrees to indemnify, defend and hold harmless Soca Islands against any and all claims made by any of the “sponsorees”.
You understand and agree that this release is to be construed and interpreted as an ongoing agreement between Soca Islands and yourself, your other family members, including minor children, and employees or contractors you or your organization you are sponsoring to attend the event. In consideration of the agreement by Soca Islands to accept your purchase and participation, you, individually or as an organization sponsoring the participation of your organization’s employees or contractors, and/or as parent/guardian of any minor executing this Agreement, do release and forever discharge Soca Islands and its owners, agents, employees, and/or contractors connected in any way with the event from any and all actions, claims, causes of action, expenses, damages and demands of any kind including but not limited to any claim of damages for bodily injury, illness, disease, death or loss of personal property now existing or which may in the future result from my personal, my organization’s participants, or your child’s /ward’s participation in the activities contracted for including scheduled and unscheduled events. You accept and agree that this Release covers all claims or demands against Soca Islands and its owners, agents, employees, and/or contractors including claims or demands based on the negligence or fault of Soca Islands and their owners, agents, employees, and/or contractors.
You understand, accept, and agree that Soca Islands may have arranged for other entities to provide indoor and outdoor activities for participants of the event. You understand, accept and agree that neither Soca Islands, nor its agents, servants, employees, and/or officers, are in any way responsible for any activities conducted by other entities. You further agree to Release and Discharge Soca Islands and its agents, servants, employees and/or officers from any claim relating to either the selection of the other entities or the suitability of the entity to provide the indoor or outdoor activity. You understand, accept and agree that the safety laws, regulations, and requirements for any indoor or outdoor activity may vary widely from your home country’s similar laws, regulations, and requirements. You also understand that medical care in the host country may differ from your home country and you agree to Release and Discharge Soca Islands and its agents, servants, employees and/or officers from any claim relating to medical services.
In consideration of the agreement by Soca Islands to accept your purchase and participation, you agree that you, your organization’s participants, and your child/ward do expressly and voluntarily assume the risks and dangers of personal injury, death or property damage to either of you resulting from or related to your or our participation in any of the contracted for activities, including scheduled or unscheduled events.
You represent that yourself, your family (including any minor children), and your organization’s participants are in good health with no physical or mental defects that may pose a danger to the participation of yourself, your family, or your organization’s participants in the activities contracted for including any scheduled or unscheduled events. You agree and you are aware that as a condition of being allowed to participate in the activities that you will not consume any alcoholic beverages or other substances including, but not limited to any drugs or medications which would impair my senses before or while participating in any indoor or outdoor activities.
You understand that the risks and dangers of participation may arise from foreseeable or unforeseeable causes including but not limited to negligence of Soca Islands, negligence of the participants, negligence of others, accidents, breaches of contract, the forces of nature and other causes.
In consideration of Soca Islands’s agreement to accept your purchase and participation, applicant/participant hereby additionally releases Soca Islands’s participating partners, their servants, agents, employees, successors and/or assigns from any claim for loss or injury of any kind, character or description which applicant may have arising out of participation in the activities of the event.
This Express Assumption of Risk and Release of Liability also acts as a Waiver for any protection that may be afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this RELEASE of LIABILITY.
You further understand, accept, and agree that having read and understood this agreement, that by accepting this agreement on behalf of yourself, your family (including minor children), and your organization’s participants that you surrender valuable rights, and you and/or your organization agree not to sue in your individual or organizational capacity or in your capacity as parent/guardian and next friend, Soca Islands and its owners, employees, agents, and/or contractors. You further hereby agree to the terms in this agreement, and do so freely and voluntarily.
You further agree to obey and follow the information, instruction, and rules, including but not limited to those which are offered from the literature, owners, employees, agents, or contractors of Soca Islands while checking in at the beginning of the activity and while participating in any activities.
You also give my permission to use any and all written comments, pictures, video and/or movies in which you may appear for publicity, promotion and advertising for Soca Islands and Soca Islands services. The Venue of any dispute that may arise out of this agreement or otherwise between parties to which Soca Islands or its agents as a party shall be Brooklyn, New York, U.S.A..
BY PURCHASING SOCA ISLANDS SERVICES AND PARTICIPATING IN THE EVENT YOU AGREE TO THE TERMS OF THIS AGREEMENT AND RELEASE OF LIABILITY. YOU UNDERSTAND THAT IF YOU DO NOT AGREE WITH THIS RELEASE OF LIABILITY, YOUR ONLY CHOICE IS TO DISCONTINUE THE USE OF THE SOCA ISLANDS SERVICE AND NOT PARTICIPATE IN THE EVENT. You understand that you may be provided with additional information such as safety information and/or onsite guidance that will provide me with a good understanding of the risks surrounding activities provided by Soca Islands and/or its agents or partners. You acknowledge that you are entitled to decide not to participate with the planned activity anytime during the event and prior to starting participation in the event and indoor or outdoor activities associated with the event or any other specific activity. Soca Islands reserves the right to modify and/or refuse anyone the opportunity to participate in any event activities because of a medical or physical condition or physical limitation that Soca Islands and/or its agents or partners feel might expose participant to inappropriate levels of risk.
These terms and conditions were updated on June 29 2019.
The Code of Conduct (referred to as “The Code”) addresses the commitment of Soca Islands LLC (“Soca Islands”) to the honesty, integrity and ethical behavior of the people, including you, associated with Soca Islands. It is about treating one another with respect and tolerance. This code is so important that we cannot have you purchase nor participate in our Caribbean travel experiences unless you sign on to them. The Code in itself however, is not a contract and as such does not create any contractual rights of any kind between Soca Islands and any participant or staff.
We periodically update this code and we will let you know when we do via an in-app notification in your portal, or email.
Soca Islands is committed to ensuring the respect and tolerance of diverse groups of individuals. As such, and to help ensure a safe and productive environment, participants (referred to herein as “Soca Islanders”), staff, and staff of partnering organizations are expected to behave in accordance with this Code of Conduct. (For clarity, when The Code mentions “Soca Islanders,” it is meant to include all participants using Soca Islands’ services.) We expect Soca Islanders and staff to act with the values of respect and tolerance in mind when interacting with each other and the world at large. As you travel with us and/or work with us, you are representing yourself, you are representing your home country, and you are representing the Soca Islands community. Please act in accordance with this Code of Conduct and represent Soca Islands in a way that the entire Soca Islands community will be proud of.
This means that your actions must be free from discrimination, libel, slander, or harassment. It also means, you are responsible for your own actions. Misconduct is not excusable because it was directed or requested by another. You are expected to alert Soca Islands whenever an illegal or unethical act is discovered or suspected. No one will be subject to retaliation for a good faith report of a suspected violation.
Soca Islanders who violate The Code will be subject to disciplinary action, up to and including removal from the Soca Islands travel experience. (Note for Soca Islanders: any guests or visitors brought to Soca Islands accommodations, workspaces, or events are expected to behave in accordance with The Code and may be banned from Soca Islands, Soca Islands accommodations, workspaces, or events if they fail to do so.) Staff who violate The Code will be subject to disciplinary action, up to and including dismissal. Periodically, you may also be required to review The Code and acknowledge your understanding of and compliance with The Code.
PERSONS LIVING WITH DISABILITIES
Soca Islands also recognizes that some individuals may have physical and/or mental disabilities. As such, Soca Islands will endeavor to provide reasonable accommodations unless doing so causes a direct threat to these individuals or others, violates local laws, and/or if the accommodation creates an undue hardship to Soca Islands. For more information about this section or to discuss or request an accommodation, please reach out to your Experience Ambassador (for Soca Islanders) or your People representative (for staff).
ANTI-HARASSMENT AND ANTI-DISCRIMINATION
Soca Islands is dedicated to providing a harassment-free environment and therefore prohibits harassment or discrimination of any kind, especially involving race, color, ethnicity, religion, gender, age, sex, sexual orientation, national origin, disability, veteran status, marital status, gender identity and expression, physical appearance, body size, and/or technology choices.
Prohibited harassment also includes: inappropriate use of sexual images, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Any such activities could result in disciplinary action, up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).
Sexual harassment is a form of sex discrimination which is prohibited by law and violates The Code. Prohibited conduct may be verbal, visual, or physical in nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, or the granting or withholding of something of value in response to sexual conduct.
More subtle forms of behavior, such as foul or obscene language of a sexual nature, posting or viewing social media language or pictures, gossiping, asking questions about another’s sex life, displaying offensive posters, cartoons, caricatures, comments, jokes of a sexual nature, and repeated unwanted requests for a date are prohibited as they may constitute sexual harassment or contribute to a hostile or offensive environment. All questionable behavior should be avoided because conduct that appears to be welcome or tolerated by one person may be very offensive to another.
Do not ignore harassment. Soca Islanders and/or staff who feel they have been harassed or who witness any type of harassment should make it known that the behavior should be stopped immediately. Inappropriate behavior should be reported according to the guidelines listed below. If you believe you are being harassed or discriminated against for any reason, please, immediately contact your Experience Ambassador(Soca Islanders) or People representative (staff) or use the resources under the Reporting Procedures section in this Code.
Soca Islands is committed to maintaining a violence-free environment and will not tolerate any type of violence or threats of violence. Violence includes, but is not limited to, harassment, coercion, physical altercations, use of weapons of any kind, intimidation, stalking, and threats of violence. Please, do not joke or make off-hand remarks about violence.
Any potentially dangerous situation must be reported immediately to an Experience Ambassador (Soca Islanders) or your manager (staff). Law enforcement, security, and/or emergency services should be contacted first if you believe there is an imminent threat.
Social media offers various methods of communication and self-expression and it can foster community—both with friends and family in other countries. However, use of social media that violates The Code (including discrimination and harassment), discloses confidential or proprietary information, makes maliciously false comments about Soca Islands or its staff or participants, or contains abusive comments, may result in disciplinary action up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).
Everyone on a Soca Islands program (and everyone working for Soca Islands) is an adult and is expected to make responsible decisions. It is not Soca Islands’ place to tell consenting adults who they can and cannot date or be friends with… with these exceptions:
- First, Soca Islands prohibits managers from dating subordinate staff.
- Second, Soca Islands prohibits staff dating Soca Islanders or having romantic relationships with Soca Islanders during the course of their travel experience.
- Soca Islands’ stance on Soca Islanders entering into a physical or romantic relationship with other Soca Islanders, (or staff entering into same with other staff), emphasizes Soca Islands’ commitment to and belief in the importance of Affirmative Consent. Affirmative Consent is defined as “informed, freely and affirmatively communicated willingness to participate in sexual activity that is expressed by clear and unambiguous words or actions.” Clear and unambiguous words or actions are those that are freely and actively given by informed individuals that a reasonable person in the circumstances would believe communicate a willingness to participate in mutually agreed upon sexual activity.
As specified in the “Anti-Harassment” section in this Code, unwelcome sexual attention is not permitted, if you are not sure if you have Affirmative Consent, immediately stop.
ALCOHOL AND DRUG USE
Soca Islands has a longstanding commitment to provide you with safe experiences. Soca Islands has safeguards and resources in place to reduce risks, and in turn you are also expected to avoid behavior that is likely to cause danger to yourself or to others. Specifically, the use of alcohol and drugs are examples of this type of behavior.
Alcohol Use. Excessive alcohol use has many potentially negative and/or risky effects. We will not tell you what your drink limit should be, but we do ask that you make smart decisions about your personal alcohol use.
Additionally, staff is expected to act responsibly and ensure their intake of alcohol does not impede their judgment or job performance. DRIVERS FOR SOCA ISLANDS ARE NOT ALLOWED TO CONSUME ALCOHOL UNDER ANY CIRCUMSTANCES.
For both Soca Islanders and staff, if your actions cause a threat to you or others, or if you participate in behaviors that violate The Code you may be subject to disciplinary action, up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).
Drug Use. The use of illegal drugs violates the law. Drug abuse can also pose a threat to the health and safety of Soca Islanders and staff. The term “drug” as used in this Code includes the improper use of prescription drugs, marijuana, illegal inhalants, illegal drugs and/or other controlled substances.
Soca Islands reserves the right to inspect all premises for drugs or other contraband, and any person refusing to cooperate in such inspections may be subject to appropriate discipline up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).
If you use, possess, buy, sell, manufacture or dispense an illegal drug you may be disciplined, up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).
ASSUMPTION OF LIABILITY
Soca Islands assumes no liability for any behavior that breaches this Code of Conduct, including, but not limited to, violence, harassment, sexual assault, and/or the use or abuse of alcohol and/or drugs. If you participate in or instigate behaviors in breach of The Code of Conduct, Soca Islands reserves the right to contact local authorities, contact your emergency contact, and/or take any other steps that Soca Islands deems necessary to maximize your safety and the safety of those around you. In addition, you may be subject to disciplinary action up to and including removal from the Soca Islands experience (Soca Islanders) or dismissal (staff).
OBLIGATION TO REPORT POLICY
It is each person’s responsibility to abide by any/all applicable laws and regulations, as well as by The Code of Conduct. If you believe that there has been a violation of any expectations defined in The Code of Conduct, including harassment or discrimination, you are obligated to make a timely report to enable Soca Islands to investigate and correct not only the behavior, but also any effects behavior may have had on the program and/or those involved.
If you observe an incident of violence or threatened violence that is immediate and serious, take steps to maximize safety first, including contacting local authorities and/or security if needed. Once the immediate threat has passed, please also notify Soca Islands by following the procedures outlined below.
To report a situation or incident, your first line of support is to report the incident to your Experience Ambassador (Soca Islanders) or your People representative (staff) who will support and assist you in lodging a report.
For Soca Islanders and staff who are not comfortable reporting to their first line of support, your second option is to reach out to Sophia Bacchus-Kirton, Soca Islands’ Head of People Operations.
Finally, if you are not comfortable with the options above, Soca Islanders and staff may submit a report to Soca Islands COO, Roger Kirton.
During an investigation, each incidence will be evaluated on an individual basis. If the result of an investigation indicates that corrective action is called for, such action may include disciplinary measures up to and including immediate expulsion from the Soca Islands experience without a refund at the discretion of Soca Islands (Soca Islanders), or dismissal (staff).
When a Soca Islander’s employer has a direct relationship with Soca Islands, information about any situation related to The Code may be shared with them, at Soca Islands’ discretion, including information regarding reports, investigations, and resulting actions.
Soca Islands does not tolerate retaliation for filing a report. For more information, see the No Retaliation section of this Code.
Retaliation against any person who in good faith has reported a violation of The Code (or the law), has raised questions or concerns, has reported an incident, or has otherwise participated in an investigation of such matters, will not be tolerated.
If, for any reason, you perceive retaliation, please follow the report procedure outlined above to notify us. The situation will be investigated, and if Soca Islands determines an individual’s behavior is in violation of The Code, disciplinary action will be taken, up to and including removal from the Soca Islands experience (Soca Islanders), or dismissal (staff).
This Code of Conduct is not intended to describe every possible instance that may happen, or provide answers to all of the questions that may arise. Soca Islands encourages you to talk to your Experience Team Lead (Soca Islanders) or your People representative (staff) for guidance, and for support with any questions. The Code is an agreement to faithfully comply with all laws, rules, policies and regulations of the regulatory agencies and countries that apply to us during our journey/time together. It also acts as a guide for inclusion and acceptance of all members of the Soca Islands, reminding us to act responsibly, in good faith, and to treat one another well.
This code of conduct was updated on November 10 2021.
If you require a copy of Soca Islands LLC terms and conditions before this date, please contact [email protected]
Soca Islands is, at its core, an organisation dedicated to bringing the world to the Caribbean through bespoke experiences from people who live in the Caribbean. The Caribbean is open to everyone; an incredibly diverse community, drawing together individuals of different cultures, values, and norms.
Soca Islands is committed to offering experiences where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two primary pillars: inclusion and respect. Our shared commitment to these principles enables each client to feel welcome no matter who they are, where they come from, how they worship, or whom they love.
We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our experiences. To that end, all of us, Soca Islands employees, and suppliers, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can enjoy the wonders of the Caribbean the way it was meant to be.
- Inclusion – We welcome clients of all backgrounds with authentic hospitality and open minds. Bias, prejudice, racism, and hatred have no place in our experiences. While we are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
- Respect – We are respectful of each other in our interactions and encounters. Soca Islands appreciates that local laws and cultural norms vary around the world and expects clients and suppliers to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Soca Islands an incredibly diverse set of background experiences, beliefs, and customs. By connecting people from different backgrounds, Soca Islands encourages greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.
RACE, COLOUR, ETHNICITY, NATIONAL ORIGIN, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY, OR MARITAL STATUS
- Soca Islands staff and suppliers may not
- Decline a client based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
At Soca Islands, we consider the gender of an individual to be what they identify and/or designate on their user profile.
- Soca Islands staff and suppliers may not
- Decline a client based on gender.
- Impose any different terms or conditions based on gender.
- Make any statement that discourages or indicates a preference for or against any guest on account of gender.
AGE AND FANILY STATUS
- Soca Islands staff and suppliers may not:
- Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status.
- Soca Islands staff and suppliers may not:
- Decline a client based on any actual or perceived disability.
- Impose any different terms or conditions based on the fact that the client has a disability.
- Substitute their own judgment about whether the service meets the needs of a guest with a disability for that of the prospective client.
- Inquire about the existence or severity of a client’s disability, or the means used to accommodate any disability. If, however, a potential client raises his or her disability, a staff member or supplier may, and should, discuss with the potential client whether the experience meets the potential guest’s needs.
- Prohibit or limit the use of mobility devices.
- Charge more for experiences or other fees for guests with disabilities, including pet fees when the guest has an assistance animal (such as a service or emotional support animal) because of the disability.
- Make any statement that discourages or indicates a preference for or against any client on account of the fact that the client has a disability.
- Refuse to communicate with clients through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
- Soca Islands staff and suppliers may:
- Provide factually accurate information about the accessibility features (or lack of them), allowing for clients with disabilities to assess for themselves whether the experience is appropriate to their individual needs.
- Soca Islands staff and suppliers may
- Except as noted above, Soca Islands staff and suppliers may decline to provide an experience based on factors that are not prohibited by law.
- Nothing in this policy prevents our staff or suppliers from turning down a client on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, a hotel or guesthouse may turn down a guest who wants to smoke in a room, or place limits on the number of guests in a room.
What happens when a staff member or supplier does not comply with our policies in this area?
If our staff or supplier improperly rejects clients on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Soca Islands will take steps to enforce this policy, up to and including suspension and if necessary, termination.
As Soca Islands continues to grow, we will continue to ensure that our policies and practices align with our goal to ensure that clients feel welcome and respected in all of their interactions with Soca Islands.
This policy was updated on October 23 2019.
SOCA ISLANDS AGENT/AGENCY/PARTNER PROGRAM AGREEMENT
This is a contract between you (the Partner) and us (SOCA ISLANDS LLC or Soca Islands). It describes how we will work together and other aspects of our business relationship. These terms are so important though that we cannot have you participate in our Agency Partner Program unless you agree to them. By participating in our Agency Partner Program, you are agreeing to these terms.
We periodically update these terms and we will let you know when we do via an in-app notification in your portal.
- “Agency Partner Program” means our partner program as described in this Agreement.
- “Active Partner” means that you have (i) an active Agent Portal account.
- “Agreement” means this Agency Partner Program Agreement and all materials referred or linked to in here. If you are keeping track, the Agency Partner Program Agreement used to just be called the Partner Program Agreement.
- “Capacity Limit” means the aggregate number of prospects that you are permitted to have registered at any given time according to the Program Policies.
- “Customer Terms of Service” means those terms and conditions located at https://www.socaislands.com/legal-stuff/#customer-terms, as modified from time to time.
- “End User” means the authorized actual user of the Soca Islands Products and Services or the party on whose behalf you use the Soca Islands Products and Services.
- “End User Data” means all information that End User, or you acting on End User’s behalf, submits or collects via the Soca Islands Products and all materials that End User, or you acting on End User’s behalf, provides or posts, uploads, inputs or submits for public display through the Soca Islands Products.
- “Soca Islands Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our services.
- “Soca IslandsProducts” means both the products and services offered by Soca Islands.
- “Inactive Partner” means that you do not meet the criteria of an Active Partner (defined above.)
- “List Price” means the standard pricing for our travel packages or branded merchandise as listed on our website(s). We reserve the right to change such pricing at any time.
- “Net Revenue” means the initial fee, any renewal fees, and any upgrade or downgrade fees that are actually paid to us by an End User or by Partner for an End User for our packages. Net Revenue shall: (i) be calculated net of any discounts, taxes payable and subsequent refunds not due to a contract breach by Soca Islands, and (ii) shall exclude any implementation, customization, training, consulting or other professional services, or fees for third-party products or services.
- “Other Products” means those products and services that we offer, which are not included on our website. For the purposes of this Agreement, Other Products include any legacy sales products, implementation, customization, training, consulting, additional support or other professional services, or fees for third-party products or services.
- “Partner Transactions” means those transactions that are eligible for a Revenue Share pursuant to the ‘Partner Transactions’ section of this Agreement.
- “Program Policies” means the policies applicable to partners which we have published.
- “Revenue Share” means an amount equal to 7% (up to $200) of Revenue paid to us by an End User or Partner for a Partner Transaction.
- “We”, “us”, “our”, and “Soca Islands” means SOCA ISLANDS, LLC.
- “You” and “Partner” means the party, other than Soca Islands, entering into this Agreement and participating in the Agent/Agency/Partner Program.
This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.
Partner Rights and Obligations. We grant you, subject to the limitations set forth below, a non-transferable, non-exclusive right to: (i) demonstrate and promote the Soca Islands Products and Services to your prospects and customers, and (ii) to provide End Users access to purchase Soca Islands Products and Services in accordance with this Agreement and the Customer Terms of Service, provided that End Users agreed to the Customer Terms of Service. At our discretion, we will provide limited sales support to you, such as occasional participation on a call with you and a prospect.
Compliance with Program Policies. You will comply with the terms and conditions of this Agreement at all times, including the Program Policies, which are incorporated herein by reference. The Program Policies may include requirements that Partner must complete in order to qualify for a certain partner tier and may also require that Partner purchase certain products or services to participate in the Agency Partner Program.
Agency Partner Program Limits. Your Capacity Limit depends on your partner tier status and will be as set forth in the Program Policies. Each accepted registration will expire twelve (12) months from the date the prospect was registered provided they have not purchased a package. If you are actively pursuing a prospect and the registration is expired, then you may re-register the prospect. An accepted registration may be considered expired prior to the conclusion of any twelve (12) month period if you and we mutually agree to the early expiration of the accepted registration. We will pay you a Revenue Share for as long as the End User continues purchase packages from Soca Islands, provided that you remain eligible to receive a Revenue Share pursuant to the terms of this Agreement.
Eligibility. To be eligible for a Revenue Share, a prospect must be registered, accepted and valid in accordance with the ‘Submission, Acceptance and Validity’ or the ‘Shared Leads’ section.
You are not eligible to receive a Revenue Share or any other compensation from us based on transactions for Other Products, based on transactions with a Soca Islands Lead (as defined below) or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable End User objects to or prohibits such compensation or excludes such compensation from its payments to us or our affiliates; (iii) the End User has paid or will pay such commissions, referral fees, or other compensation directly to you, or (iv) the End User participates in the Agency Partner Program. In competitive situations with other partners, we may elect to provide the Revenue Share to the partner that actually secures the business with the End User, which may result in you being ineligible for Revenue Share, regardless of whether or not you registered the prospect. We might also determine that you are not eligible for a Revenue Share if you are no longer actively engaged with the End User. If we request, you will provide validation that the End User is engaged with you. We may discontinue Revenue Share payment should any of the eligibility criteria set forth in this subsection fail to be met at any time.
Submission, Acceptance and Validity. You must register each prospect with us using the partner tools we provide through your portal (or through a website as we may designate) prior to the close of a Partner Transaction. To register a prospect, you must provide at least the following information about each prospect: contact first name, contact last name, email, mobile number, gender, country. We generally will accept a prospect who, in our reasonable determination: (i) is a new potential customer of ours, and (ii) is not, at the time of submission or sixty (60) days prior, one of our pre-existing customers, involved in our active sales process, or your affiliate. Notwithstanding the foregoing, we may choose not to accept a prospect in our reasonable discretion. If a prospect does not purchase a package before its registration expires, you will need to complete the registration process again in order to re-qualify for a Revenue Share for that prospect. We will, at our discretion, accept an order from the End User. A prospect is not considered valid: (i) if it is not registered, (ii) if it is not accepted, (iii) if it is expired, (iv) if it exceeds the registered capacity limits or other applicable limits, or (v) after this Agreement is expired or terminated.
Soca Islands Leads. We may choose to introduce you to, or send you information on, a prospect of ours when we identify that such prospect may have a need for the services you offer (each, a “Soca Islands Lead”). We can do the same for other partners of ours, even if it is for the same Soca Islands Lead. You may use the information about the Soca Islands Lead provided only to market and sell our packages to them and not for any other purpose (unless the Soca Islands Lead otherwise consents.) Immediately upon our or the Soca Islands Lead’s request, you will promptly discontinue all use of and delete the Soca Islands Lead’s information. Soca Islands Leads are considered our Confidential Information and shall be treated in accordance with the ‘Confidentiality’ section below.
SharedLeads. If we decide to participate in the same sales process as you and this results in the sale of the package to a prospect that would have otherwise not been valid based on it (i) not being registered, (ii) not being accepted, (iii) being expired, or (iv) exceeding the registered capacity limits or other applicable limits, (each, a “Shared Lead”) and you have an Active Engagement (defined below) with such Shared Lead, then we may consider that Shared Lead a registered, accepted and valid prospect for the purposes of the ‘Eligibility’ section above. An “Active Engagement” means that you have …
Engagement with Prospects.If a prospect is not a Soca Islands Lead or a Shared Lead but is otherwise valid, we will not engage with that prospect except: (i) to complete the sales process, (ii) to fulfill or enforce our obligations under an agreement with such prospect, (iii) to provide support, (iv) to conduct our standard marketing and sales activities with prospects that have provided their information to Soca Islands, for example, by converting on a landing page of ours or by otherwise subscribing to or requesting any of our marketing materials or a package demonstration, or (vi) as otherwise permitted by this Agreement. When we do engage, we may choose how and whether to engage with each prospect. We may elect to contact the prospects directly, whether or not such contact is by us directly or in conjunction with you. Upon our request, you will provide us with the name and contact information of the End User, and facilitate an introduction. If a prospect is not valid then we may choose to maintain it in our database and we may choose to engage with such a prospect.
If we request, you will facilitate our participation on calls with you and various End User(s). We may request to participate on these calls in an effort to help to ensure the quality of your service delivery and for the purposes of managing the Agency Partner Program.
In a resulting transaction, (i) the End User will contract directly with us for provision of the Soca Islands services, or (ii) you will place order(s) for the Soca Islands services with us, specifying the terms of the Soca Islands services ordered and providing information about the End User as we may request. In the case of (ii), you may sell the Soca Islands services to End Users at a price determined solely by you and you will ensure that your agreement with the End User contains those provisions set forth in the our Customer Terms of Service. If you purchase on behalf of an End User, you agree to be responsible for the order placed and to guarantee payment of all fees. We may also require each End User to agree to the Customer Terms of Service.
If you purchase a service for an End User, such order may be used only by the End User for which it was originally purchased, and it may not be repurposed for or reassigned to an alternate End User without our prior written consent.
You will take all reasonable steps to ensure that End Users do not use the Soca Islands services in violation of the Customer Terms of Service. If you discover or have reason to believe that any End User is making use of the Soca Islands Products in violation of the Customer Terms of Service, then you will immediately notify us in writing.
REVENUE SHARE AND PAYMENT
Requirements for Payment; Forfeiture. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the partner tools tab in your portal); (ii) completed all information in our account information form (which can be downloaded here) including your bank information; (iii) submitted to us the necessary tax documents (i.e., a fully completed Form W-9 including your Tax Identification Number for U.S.-based Partners, or Form W-8BEN or W-8BEN-E (instructions here) for non-U.S. based Partners; and (iv) returned the forms required by (ii) and (iii) above by email to [email protected]. In order for you to receive the Revenue Share you must have submitted the required documentation set out (ii) and (iii) above no later than 30 days after the end of the fiscal quarter. If we have not received such documentation within this timeframe, we will not process the Revenue Share payment until the next fiscal quarter payment date.
All payments by Soca Islands will be made by bank transfer and it is your responsibility to ensure that you have provided us with the most up-to-date and correct bank information to facilitate the transfer. Notwithstanding the foregoing or anything to the contrary in this Agreement, (i) if any of the requirements set forth in section 4(a)(i-iv) remain outstanding for six (6) months immediately following the close of a Partner Transaction, or (ii) we have attempted to pay you a Revenue Share for a Partner Transaction by bank transfer at least twice and both attempts have been unsuccessful, then your right to receive Revenue Share arising from any and all Partner Transactions with the associated End User will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you Revenue Share associated with a Forfeited Transaction. Once you comply with all of the requirements in section 4(a)(i-iv), then you will be eligible to receive Revenue Share on Partner Transactions, as long as these Partner Transactions do not involve the same End User associated with a Forfeited Transaction.
Revenue Share Payment. We, or one of our affiliates, will pay the Revenue Share amount due to you within seven business days (7) days after the customer completes the payment for our service in an amount equal to the cost of the package, times the Revenue Share percentage up to two hundred dollars ($200) per package/customer. We will pay any Revenue Share owed to you in United Sates Dollars. We will not pay more than one Revenue Share or other similar referral fee on any given partner sale and we may apportion a Revenue Share if more than one of our partners has contributed to the close of a sale. We may withhold the Revenue Share payment until the Revenue Share amount that we owe you is above $100.
If we update this Agreement to include additional products for which you are eligible to earn Revenue Share, the obligation to pay this additional Revenue Share amount will apply starting on the first day of the month when the additional product was included in the Agreement.
Taxes. You are responsible for payment of all taxes applicable to the Revenue Share. You will be assessed sales tax unless you provide us with a valid reseller certificate that indicates tax should not be applied to the Revenue Share amount. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.
Partner Payment Obligations. In the event you placed the order with us for an End User, for payments made by credit card, you will provide us with valid and updated credit card information or bank account information. You authorize us and our affiliates to charge your credit card or bank account for all fees payable. You also authorize us and our affiliates to use a third party to process payments, and consent to the disclosure of your payment information to such third party. For payments made by invoice, all amounts invoiced are due and payable within seven (7) days from the date of the invoice.
TRAINING AND SUPPORT
Partner Training and Support. We will make available to you, without charge, the webinars and other resources . We will also make available to you a Partner Toolset, accessible through your Soca Islands portal. You will encourage your sales representatives and other relevant personnel to participate in our online end-user training, as well as any training we may offer in new features and upgrades. You may be eligible to receive certain technical support offerings. Such technical support program offerings are provided under our technical support policies in effect at the time the support is provided. We may also choose to make benefits or offerings available dependent on the applicable partner tier and status. We may change or discontinue any or all parts of the Partner Toolset, and any other Agency Partner Program benefits or offerings at any time without notice.
End User Support. We will provide support to an End User. We may to communicate directly with any End User about use of the Soca Islands services and any support issues experienced.
You grant to us a non-exclusive, non-transferable, royalty-free right to use and display your trademarks, service marks and logos (“Partner Marks”) in connection with the Agency Partner Program and this Agreement.
During the term of this Agreement, you may use our trademark as long as you follow the usage requirements in this section. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Agency Partner Program and this Agreement; and (iii) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
Soca Islands’s Proprietary Rights.No license to any software is granted by this Agreement. The Soca Islands services are protected by intellectual property laws. The Soca Islands services belong to and are the property of us or our licensors (if any). We retain all ownership rights in the Soca Islands services. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Soca Islands Content, or the Soca Islands Products in whole or in part, by any means, except as expressly authorized in writing by us. Soca Islands, the Soca Islands logo, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.
We encourage all customers and partners to comment on the Soca Islands Products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Soca Islands Products, without payment to you.
End User’s Proprietary Rights. As between you and End User, End User retains the right to access and use the End User portal associated with the Soca Islands services regardless of whether you placed the order with us for an End User or made or make payments for an End User. End User will own and retain all rights to the End User Data. If we deem it to be necessary based on the relationship status between you and the End User or the particular situation, we may communicate directly with the End User and/or may port ownership of the portal associated with the Soca Islands Products to the End User.
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) Soca Islands customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
OPT OUT AND UNSUBSCRIBING
You will comply promptly with all opt out, unsubscribe, “do not call” and “do not send” requests, including without limitation such requests from us related to Soca Islands Leads and Shared Leads. For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, “do not call” and “do not send” requests.
TERM AND TERMINATION
Term. This Agreement will apply for as long as you participate in the Agency Partner Program, until terminated.
Termination Without Cause. Both you and we may terminate this Agreement on sixty (60) days written notice to the other party.
Termination of Inactive Partners. If you are an Inactive Partner, then we may terminate this Agreement on thirty (30) days written notice to you. If, within twenty-one (21) days from the date of such notice, you present us with a plan that will result in you becoming an Active Partner, we will consider this plan in good faith. We may then choose to notify you in writing that we withdraw our notice of termination, in which case the Agreement will not terminate.
Termination for Cause.We may terminate this Agreement and/or suspend your or the End User’s access to the Soca Islands Products: (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) immediately, if the End User violates the Customer Terms of Service or applicable local, state, federal, or foreign laws or regulations, (v) immediately, if you breach the terms applicable to your subscription with us (if you have one), including if you default on your payment obligations to us or our affiliate, or (vi) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
Effects of Expiration/Termination. Expiration of this Agreement, and termination of this Agreement without cause by us or by you with cause, shall not affect our obligation to pay you a Revenue Share, so long as the related payment by the End User is recognized by us within thirty (30) days after the date of such termination or expiration. We will not pay you fees on End User payments recognized by us after thirty (30) days after the date of such termination or expiration. Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Revenue Share will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Revenue Share prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Revenue Share after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and delete all Soca Islands Leads and Shared Leads if we provided them to you and you do not otherwise have consent from the applicable Soca Islands Lead or Shared Lead to continue use of their data and information. Upon termination or expiration, a prospect is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
Upon termination or expiration, you will immediately discontinue all use of our trademark, and will remove all Soca Islands badges and Agency Partner Program tier information and references from your website(s) and other collateral. Termination or expiration of this Agreement shall not cause your or an End User’s subscription agreement to be terminated.
PARTNER REPRESENTATIVES AND WARRANTIES
You represent and warrant that: (i) you have all sufficient rights and permissions to provide the prospect data to us for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Agency Partner Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Partner Marks.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Agency Partner Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of Optional Partner Programs, (e) your use of the Test Portal, or (f) our use of the Partner Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
DISCLAIMERS, LIMITATIONS OF LIABILITY
Disclaimer of Warranties.WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SOCA ISLANDS PRODUCTS, SOCA ISLANDS CONTENT, THE AGENCY PARTNER PROGRAM, THE OPTIONAL PARTNER PROGRAMS OR THE TEST PORTAL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE TEST PORTAL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SOCA ISLANDS PRODUCTS, OPTIONAL PARTNER PROGRAMS , AND TEST PORTAL ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SOCA ISLANDS PRODUCTS, THE OPTIONAL PARTNER PROGRAMS AND THE TEST PORTAL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL REVENUE SHARE AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED PARTNER TRANSACTION IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
You agree not to intentionally solicit for employment any of our employees or contractors during the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement. Both you and we acknowledge that (i) any newspaper or other public solicitation not directed specifically to such person shall not be deemed to be a solicitation for purposes of this provision, and (ii) this provision is not intended to limit the mobility of either our employees or contractors.
Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at http://www.socaislands.com/legal-stuff/#agent-terms and we will let you know through the Notification app in your portal. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically.
If you do not agree with a modification to this Agreement, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, this Agreement will terminate sixty (60) days after we receive this notice and our relationship will continue to be governed by the terms and conditions of the version of this Agreement applicable immediately prior to modification for the remainder of the Agreement term. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Applicable Law. This Agreement shall be governed by the laws of the State of New York, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Brooklyn, New York.
Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
Compliance with Applicable Laws. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Soca Islands Products. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Soca Islands Products to prohibited countries or individuals or permit use of the Soca Islands Products by prohibited countries or individuals.
Data Processing. To the extent that any Personal Data is processed in connection with the Agency Partner Program the terms set forth in Exhibit A, which are hereby incorporated by reference, shall apply.
Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
To SOCA ISLANDS LLC:
SOCA ISLANDS LLC,
414 Macdonough Street,
Brooklyn, New York, 11233,
Attention: General Counsel
To you: your address as provided in our partner account information for you.
We may give electronic notices by general notice via the partner portal and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center in the partner portal. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
Entire Agreement.This Agreement is the entire agreement between us for Agency Partner Program and supersedes all other proposals and agreements (including all prior versions of the Soca Islands Agency Partner Program Agreement, if any), whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Soca Islands Products and Services or dependent on any oral or written public comments made by us regarding future functionality or features of the Soca Islands Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Program Policies. We may change the Program Policies from time to time by updating our website. Your participation in the Agency Partner Program is subject to the Program Policies, which are incorporated herein by reference.
No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Soca Islands Products, our trademarks, or any other property or right of ours.
Sales by Soca Islands. This Agreement shall in no way limit our right to sell the Soca Islands services, directly or indirectly, to any current or prospective customers.
Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Revenue Share and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.
SOCA ISLANDS – GDPR Data Processing Addendum (Partners)
This Data Processing Addendum (“Addendum“) sets out the terms that apply as between SOCA ISLANDS and Partner when processing EEA personal data in connection with the Agency Partner Program. This Addendum forms part of the Agency Partner Program Agreement. Capitalized terms used in this Addendum shall have the meanings given to them in the Agency Partner Program Agreement (the “Agreement“) unless otherwise defined in this Addendum.
- Definitions: (a) “controller,” “processor,” “data subject,” and “processing” (and “process“) shall have the meanings given to them in Applicable Data Protection Law; (b) “Applicable Data Protection Law” means any and all applicable privacy and data protection laws and regulations applicable to the Personal Data in question, including, where applicable, EU Data Protection Law (in each case, as may be amended, superseded or replaced from time to time); (c) “EU Data Protection Law” means: (i) the EU General Data Protection Regulation (Regulation 2016/679) (“GDPR“); and (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any national data protection laws made under or pursuant to clause (i) or (ii); and (d) “Personal Data” means any information relating to an identified or identifiable natural person to the extent that such information is protected as personal data under Applicable Data Protection Law.
- Purposes of processing. The parties acknowledge that in connection with the Partner Program, each party may provide or make available to the other party Personal Data. Each party shall process such data: (i) for the purposes described the Agreement; and/or (ii) as may otherwise be permitted under Applicable Data Protection Law.
- Relationship of the parties. Each party will process the copy of the Personal Data in its possession or control as an independent controller (not as a joint controller with the other party). For the avoidance of doubt and without prejudice to the foregoing, SOCA ISLANDS shall be an independent controller of any Personal Data that it receives or shares with Partner in connection with the Partner Program.
- Compliance with law. Each party shall separately comply with its obligations under Applicable Data Protection Law and this Addendum when processing Personal Data. Neither party shall be responsible for the other party’s compliance with Applicable Data Protection Law. In particular, each party shall be individually responsible for ensuring that its processing of the Personal Data is lawful, fair and transparent, and shall make available to data subjects a privacy statement that fulfils the requirements of Applicable Data Protection Law.
- International transfers. Where Applicable Data Protection Law in the European Economic Area (“EEA“), and/or its member states, United Kingdom and/or Switzerland (collectively for the purposes of this Addendum, the “EU‘), applies to the Personal Data (“EU Personal Data“), neither party shall process any EU Personal Data (nor permit any EU Personal Data to be processed) in a territory outside of the EU unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law. To the extent Partner transfers EU Personal Data to SOCA ISLANDS and SOCA ISLANDS is located in a territory outside the EU that does not provide adequate protection for Personal Data (as determined by Applicable Data Protection Law), SOCA ISLANDS agrees to abide by and process such EU Personal Data in accordance with the Standard Contractual Clauses for Controllers as approved by the European Commission and available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915 (as amended, superseded or updated from time to time) (“Model Clauses“), which are incorporated by reference in, and form an integral part of, this Addendum. SOCA ISLANDS agrees that it is a “data importer” and Partner is the “data exporter” under the Model Clauses (notwithstanding that SOCA ISLANDS may be an entity located outside of the EEA).
- Security: Each party shall implement and maintain all appropriate technical and organizational measures to protect any copies of the Personal Data in their possession or control from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure or access (a “Security Incident“) and to preserve the security and confidentiality of such Personal Data. Each party shall notify the other party without undue delay on becoming aware of any breach of EU Data Protection Law/Applicable Data Protection Law.
These terms and conditions were updated on November 10th 2021.
If you require a copy of Soca Islands LLC terms and conditions before this date, please contact [email protected]
Owner and Data Controller
Soca Islands Registered Office:
414 Macdonough Street, Brooklyn, New York, 11233
Owner contact email: expl[email protected]
SOCA ISLANDS LLC (‘Soca Islands’, ‘we’, ‘us’, ‘our’) are committed to protecting and respecting your personal data privacy and complying with data protection principles and provisions under applicable laws.
COLLECTION OF INFORMATION
We may collect Personal Information about you that you provide to us while using Soca Islands Platform and information about how you use Soca Islands Platform including when you open your user account (‘User Account’), visit Soca Islands Platform or make reservations for any intended Services or using the Services.
1) Opening Your User Account:
When you open with us a User Account or amend any information of your User Account, we may collect your Personal Information, such as your name, email address, mobile number, country, gender and password.
2) Making Reservations for the Services or Using the Services:
(a) When you visit Soca Islands Platform (even you have not registered an User Account or logged in), make reservations for any intended Services or use the Services, we may collect and process certain information (which may contain your Personal Information or may contain non-personally identifiable information but nevertheless linked to your Personal Information) including but not limited to those set out below: Copies of correspondence (whether by e-mail, instant or personal messaging or otherwise) between you and us; and between you and the Operators;
(b) Details of your usage of Soca Islands Platform (including traffic data, location data and length of user sessions);
(c) Feedback on and responses to surveys conducted by Soca Islands relating to the Services and newsletters which may be published, circulated or distributed by Soca Islands;
(d) Information automatically collected and stored in our server or the server of our third party services provider by using or accessing to Soca Islands Platform (including the log-in name and password for your User Account, your computers Internet Protocol (IP) address, browser type, browser information, device information (including unique device identifier), pages visited, previous or subsequent sites visited).
4) For your payment safety and to avoid misuse of your credit card information, Soca Islands may ask for your credit card details and a copy of a government issued ID to verify your purchase after payment is complete. For privacy reasons, you will be asked to cover your ID number and your credit card number except for the last 4 digits.
STORAGE OF INFORMATION
When it is no longer necessary for us to process your Personal Information, we will either delete or anonymise the data or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information.
We will endeavor to anonymise or aggregate your data if we intend to use it for analytical purposes or trend analysis.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. Soca Islands does not give any representation, warranty or undertaking that the Personal Information you provide to us will be secure at all times, and to the extent Soca Islands has fulfilled its obligations under no circumstances shall Soca Islands be responsible for any losses, damages, costs and expenses which you may suffer or incur arising from unauthorised access to or use of your Personal Information.
All payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using online encryption technology. You are responsible for keeping your chosen password confidential and not to share your password with any third party.
USAGE OF INFORMATION
We process the Personal Information collected in as far as necessary for performance of the contract with and providing services to you. Besides, we process the other Personal Information collected on the basis of our legitimate interests, which are the further improvement of the services and for direct marketing purposes.
For example, Soca Islands will use Personal Information and other data collected through Soca Islands Platform or when making purchases for the Services to create your User Account, to provide you with the Services, to continually improve Soca Islands Platform and the Services, and to contact you in relation to the Services. This includes using your Personal Information or such other data to achieve faster purchase requests, better customer support and to provide you with timely notice of new Services and special offers.
From time to time, we may also make use of your Personal Information to contact you for feedback on your use of Soca Islands Platform, to assist us in improving Soca Islands Platform, or to offer special savings or promotions to you, where you have indicated your consent to receiving such communications. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by replying to us through the hyperlink provided in these notices.
DISCLOSURE OF INFORMATION
We may from time to time share and disclose your Personal Information and other data to third parties, some of whom may be located outside your home country. The circumstances under which such sharing and disclosure will take place may include without limitation, the following:
2) If you are a visitor, to the relevant Operator in connection with a Services which you have made reservations for or intend to make reservations for.
3) If you are an Operator, to any visitor in connection with the Services you are offering.
4) To our third party service providers (including Google Analytics), which we engage amongst others for the performance of certain services on our behalf, such as web hosting services, data analysis, marketing, market research, and to otherwise provide you with customer service.
5) If and to the extent required by any applicable law, order of court or requests by any governmental authority to make such disclosure.
6) Within Soca Islands. In case of a corporate transaction, in connection with the sale, merger, acquisition, or other corporate reorganization or restructuring of our corporation, your Personal Information may be disclosed, shared or transferred to the new controlling entity or its authorised third party for carrying on our business.
7) To our advisors, agencies or other parties concerned in order to protect the rights and property of SOCA ISLANDS.
8) In any other case, to any third parties with your prior written consent (and in which case we will make it possible for you to withdraw your consent as easily as it was to provide consent).
We may also share aggregate or anonymous information with relevant third parties, including our advertisers and service providers. Such information does not contain any Personal Information and will not identify you personally. However, in some occasions, these third parties may possess information about you or obtain your information from other sources. When they combine such information with our aggregate information, they may be able to identify you personally.
Your Personal Information may be transferred outside of your home country and outside of the European Union, for the abovementioned purposes. If such transfer takes place to a country that does not provide an adequate level of protection, Soca Islands will use reasonable endeavours to ensure that appropriate safeguards are in place.
THE RIGHTS OF USERS
Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
DETAILS ABOUT THE RIGHT TO OBJECT TO PROCESSING
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
HOW TO EXERCISE THESE RIGHTS
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
You may at all times access, correct or erase your Personal Information through Soca Islands Platform via the user portal. Alternatively, you may make your data access, correction or erasure request by sending your request by email at [email protected]
Where mandatory under applicable legislation, you may also request restriction of processing of your Personal Information or object to processing by sending your request or objection by email at [email protected] You may also request a copy of the information that we hold about you by sending your request by email at [email protected]
Please contact us via the contact details mentioned below if you have a complaint regarding the processing of your Personal Information.
When handling any of these requests described above, we have the right to check the identity of the requester to ensure that he/she is the person entitled to make the request.
ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
ADDITIONAL INFORMATION ABOUT USER’S PERSONAL DATA
SYSTEM LOGS AND MAINTENANCE
For operation and maintenance purposes, this website and any third-party services may collect files that record interaction with this website (System logs) use other Personal Data (such as the IP Address) for this purpose.
INFORMATION NOT CONTAINED IN THIS POLICY
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
HOW “DO NOT TRACK” REQUESTS ARE HANDLED
This website does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
This policy was updated on June 29 2019.
SOCA ISLANDS LEGAL DEFINITIONS
PERSONAL DATA (OR DATA)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.
Third-party may refer to a Soca Islands supplier involved in the fulfillment of a customer’s reservation. Examples include, but not limited to party promoters, carnival bands, J’ouvert bands, hotel/accommodation providers, tour operators, airlines and transportation providers.
The natural person to whom the Personal Data refers.
DATA PROCESSOR (OR DATA SUPERVISOR)
DATA CONTROLLER (OR OWNER)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.
THIS WEBSITE (OR THIS APPLICATION)
The means by which the Personal Data of the User is collected and processed.
The service provided by this Website as described in the relative terms (if available) and on this site/application.
EUROPEAN UNION (OR EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Small sets of data stored in the User’s device.
The privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
These policies relate solely to this Website, if not stated otherwise within this document.