Terms of Service

Last updated: 24rd September 2019

These Terms, together with any and all other documents referred to herein, set out the terms on which we provide our club administration service (the “Service”) and subscriptions thereto (the “Subscriptions”) to registered account holders through https://clubadminpro.com (the “Website”). Please read these Conditions carefully and ensure that you understand them before purchasing any Subscription from us. You will be required to accept these Terms when ordering a Subscription. If you do not agree to comply with and be bound by these Terms, you will not be able to purchase a Subscription. This Website is owned and operated by ClubAdminPro Ltd (“ClubAdminPro”, “we”, “us”, “our”), registered in England and Wales under company number 11946765 with registered address 2 Portland View, Wickford, England, SS11 7FP. All personal information that we may collect from you will be collected, used and held in accordance with our Privacy Policy and your rights under data protection legislation.

1. Definitions

• 1.1 "Agreement" refers, collectively, to all the terms, conditions noticies contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies and procedures that we may publish from time to time on the Website.
• 1.2 "The User", "User", "You", "Your", "Yourself" refer to the individual person, company, or organisation that has visited or is using the Website or Service; that accesses or uses any part of the Account; or directs the use of the Account in performance of its functions.
• 1.3 "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services.
• 1.4 "User Content" is Content, written or otherwise, created or uploaded by our Users.
• 1.5 "Your Content" is Content that you create or own.
• 1.6 An "Account" represents your legal relationship with ClubAdminPro
• 1.7 A "User Account" represents an individual User's authorization to log in to and use the Service and servces as a User's identity on the Service and Website.
• 1.8 A "Club" represents a Club, Business or Organisation registered to the Service by a User which, after such registration, is represented by us as a Club in the Service, allowing Users to register and interact with the Club via the Service.
• 1.9 A "Club Owner" represents the User that controls and administers the Club within the Service.
• 1.10 "Club Staff" is a User that has been registered to a Club within the Service and has been assigned to the role of staff in a Club in the Service. Club Staff may be given some administration privileges to a club within the Service.
• 1.11 A "Club Parent" represents a User that has been registered to a Club within the Service and manages other User Accounts within the service.
• 1.12 A "Club Member" represents a User that has been registered to a Club within the Service.
• 1.14 "Club Staff Account" a derivative of User Account. It is the account type of a Club Staff.
• 1.15 "Club Parent Account" a derivative of User Account. It is the account type of a Club Parent.
• 1.16 "Club Member Account" a derivative of User Account. It is the account type of a Club Member.
• 1.17 "Managed Club Member Account" a derivative of User Account. It is the account type of a User who has their account managed by a Club Parent.
• 1.18 "Club Products", "Club Product" represents goods or services (physical goods, subscriptions, memberships, class access) that are offered by a Club and may be charged for.
• 1.19 "Effective Date" represents the date you first use the Website, or access any of the Service.
• 1.20 "Payment Provider" a third party service that we use to process payments e.g. Stripe, GoCardless, PayPal, etc.
• 1.21 “Charge” means a credit or debit instruction to capture funds from an account that a Customer maintains with a bank or other financial institution in connection with a Transaction.
• 1.22 “Merchant Initiated Transaction” means a Charge initiated by you: in respect of your provision of products or services to your Customer; in accordance with a mandate from your Customer authorising you to initiate the Charge or a series of Charges and without requiring any specific action of the Customer to trigger the initiation of the Charge.
• 1.23 “MOTO Transaction” means a Charge initiated by your Customer through a mail order, over the telephone or in person.

2. Service

• 2.1 ClubAdminPro reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the top of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes your acceptance of the modified Terms.
• 2.2 ClubAdminPro reserves the right – at any time, and without notice or liability to you – to modify the Site or the Services or any part of them, temporarily or permanently, stop providing the Service or any part of them, temporarily or permanently. We may modify the Services for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements.
• 2.3 These Terms form a binding agreement between you and ClubAdminPro. Violation of any of the Terms will result in the termination of your account(s).

3. ClubAdminPro Accounts

By registering to a Club or to the Service you will be creating a new User Account.

• 3.1 User Accounts. Subject to these Terms, you retain ultimate administrative control over your UserAccount and the Content within it. A User Account may consist of multiple Club Owner Accounts, Club Staff Accounts, Club Parent Accounts, Club Member Accounts or Managed Club Member Accounts.
• 3.2 Club Owner Accounts. The "owner" of the Club Owner Account that was created under these Terms has ultimate administrative control over that Club Owner Account and the Content within it. Within the Service, a Club Owner Account can manage other User Account's access to the Club's data and features within the Service. A Club may have many different User Accounts under it but there can only be one Club Owner Account. If you are the owner of a Club Owner Account under these Terms, we consider you responsible for the actions performed on or through the Club Owner Acccount.
• 3.3 Club Parent Accounts. The "owner" of the Club Parent Account that was created under these terms has ultimate administrative control over that Club Parent Account and the Content within it. Within the Service, a Club Parent Account can manage other User Accounts. If you are the owner of a Club Parent Account under these Terms, we consider you responsible for the actions performed on or through the Club Parent Account.

3.4 Account Requirements

• 3.4.1 You must be a human to create an Account. Accounts are not allowed to be created by bots or other automated methods.
• 3.4.2 Only one person or legal entity may maintain no more than one Account.
• 3.4.3 You may never use another User's account without permission.
• 3.4.4 You must be age 13 or older to create an account. If we learn of any User under age 13 using the service we will terminate that User's account immediately.
• 3.4.5 If you are any age from 13 to 17 years you warrant you possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
• 3.4.6 A parent or guardian may use the Service on behalf on the child as long as they are using the Service in it's intended purpose.
• 3.4.7 Your login used by one person (a single login may not be shared by multiple people).
• 3.4.8 If you create a User Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
• 3.4.9 If you create a UserAccount via a third party service you give us permission to access and use your information from that service as permitted by that service and to store your authentication credentials for that service.
• 3.4.10 You must provide accurate and complete information when registering your Account. If ClubAdminPro believes the information you have provided is inaccurate, not current or incomplete, ClubAdminPro has the right to deny access to the Website or Service, any of its resources, and the right to terminate or suspend your access to the Website or Service at any time without notice to you.
• 3.4.11 Your username will not be offensive or suggest that you are someone else, another company or brand name. If this is so we have the right to ensure you change your username.

3.5 User Account Security

• 3.5.1 You are responsible for all content that is posted on your Account and all activity that takes place on your Account.
• 3.5.2 You are responsible for maintaining the security of your Account and Password. We are not liable for any loss or damage from your failure to comply with this security obligation.
• 3.5.3 You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security.

3.6 Account Types

We provide a number of different Account types. One Account may simultaneously be one or more different types. For example one Account, may be a Club Owner to one Club, a Club Staff to another Club and a Club Member to a different Club.

• 3.6.1 Club Owner Account - Your Account becomes a Club Owner Account if you register a Club to the Service.
• 3.6.2 Club Staff Account - Your Account becomes a Club Staff Account if you register to a Club as a Club Staff or if you are promoted to Club Staff by a Club Owner.
• 3.6.3 Club Parent Account - Your Account becomes a Club Parent Account if you register to a Club as a Club Parent.
• 3.6.4 Club Member Account - Your Account becomes a Club Member Account if you register to a Club as a Club Member.
• 3.6.5 Managed Club Member Account - Your Account becomes a Managed Club Member Account if you are registered to a Club by a Club Parent.

3.5 Additional Terms

By providing ClubAdminPro your email address you consent to ClubAdminPro using the email address to send you Service-related notifications and any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other notifications such as changes to the Service which you can opt out or update your preferences for via your User Account

4. Acceptable Use

• 4.1 Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

5. Restrictions

• 5.1 Except as expressively authorized by these Terms, you may not:
  • 5.1.1 copy or distribute any part of the Service or Website, including via automated or non-automated "scraping";
  • 5.1.2 use automated systems or tools including "robots", "spiders" and "scripts" to access and interact with the Service or Website;
  • 5.1.3 lease, rent, resell, distribute, license, sublicense, transfer, lend, assign or otherwise dispose of the Service;
  • 5.1.4 offer any part of the Service on a timeshare or service bureau basis;
  • 5.1.5 allow or permit any third party to access or use the Service;
  • 5.1.6 upload viruses, worms, malware or other such disruptive content/scripts/programmes/files to the Service;
  • 5.1.7 impose an unreasonably large load on Our infrastructure;
  • 5.1.8 build a competitive product or service, or copy any features or functions of the Website or Service (including, without limitation, the look-and-feel or the Website or Service);
  • 5.1.9 collect or retain any personally identifiable information contained within the Service;
  • 5.1.10 transmit unsolicited email (such as spam or chain mail);
  • 5.1.11 interfere with or compromise the Website's or Service's integrity or decipher any server transmissions;
  • 5.1.12 access the Service by any means other those authorized by ClubAdminPro;
  • 5.1.13 stalk, harass, bully or harm other Users of the Service;
  • 5.1.14 use the Service in support of a business, organisation software or otherwise that is promoting, in support of, facilitating or encouraging - discriminatory, malicious, or harmful speech or actions. This includes, but is not limited to, hate speech and any other material that ClubAdminPro reasonably believes degrades, intimidates, or incites violence against people based on gender, race, sexual orientation, age, ethnicity, disability, national origin, religion, or other protected categories.
  • 5.1.15 remove, alter or obscure any proprietary notices on the Website or the Service, including copyright notices;
  • 5.1.16 impersonate another person or entity;
  • 5.1.17 use the Website or the Service for any illegal or unauthorized purposes, or in a manner which violates any laws or regulations in your jurisdiction;
  • 5.1.18 disassemble, reverse engineer, or otherwise attempt to figure out the underlying code structure, algorithms, ideas and methods that make up the Service or any data, or software relating to the Service, except to the limited extent that applicable law prohibits such a restriction;
  • 5.1.19 bypass any methods we use in order to restrict access to the Website or Service;
  • 5.1.20 cause or permit any third party to do any of the foregoing;
• 5.2 Your continued access to Our Services are contingent on Your agreement to act in a professional manner.

6. Registration

• 6.1 In order to use Our Services, You must register for an Account.
• 6.2 In registering, You agree to provide accurate, current, and complete information about Yourself ("Registration Data") and update it as necessary.
• 6.3 If ClubAdminPro has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, ClubAdminPro may suspend or terminate Your account and refuse any and all use of the Website and Service.
• 6.4 Where you provide us with personal information regarding third parties (such as Managed Club Members or their next of kin), you are solely responsible for:
  • 6.4.1 Ensuring that those third parties have consented to us using their personal data (including any special category data such as medical details) for the purposes set out in our privacy policy.
  • 6.4.2 Drawing the attention of those third parties to the terms of our privacy policy which are freely available on our website.

7. Additional Registration Terms for Club Owner Accounts

• 7.1 During the registration you will be asked to choose a payment plan for your Club Owner Account which includes the period during which you can access the Service and the amount you must pay to ClubAdminPro in exchange for your right to use the Service.

8. Club Owner Accounts and Club Staff Accounts

• 8.1 Where you provide us with personal information regarding third parties (such as Club Members or their next of kin), you are solely responsible for:
  • 8.1.1 ensuring that those third parties have consented to us using their personal data (including any special category data such as medical details) for the purposes set out in our privacy policy.
  • 8.1.2 drawing the attention of those third parties to the terms of our privacy policy which are freely available on our website.
• 8.2 We are not responsible for making refunds, cancellations or adjustments from any of your chosen Payment Provider's in the Service. We advise that you create your own refund, cancellation and adjustment policies for the Users that are registered to your Club and clearly explain these policies to the Users registered to your Club.
• 8.3 Any User data that is provided to you via the Service, including email addresses, must be treated as confidential and strictly in accordance of our Privacy Policy. The the event that some User data is compromised, you must notify ClubAdminPro immediately and You must take immediate action to stop any data being compromised further or new data being compromised. If you communicate with Users for marketing or promotional purposes, you must provide clear opt-out instructions in each communication you send and comply with all requests from Users who no longer wish to recieve such communications from you.
• 8.4 ClubAdminPro will collect payments for Products from Users on your behalf. We do not have a scheduled payout policy. The payments we have collected for you will be paid out to your chosen payout destinations in accordance with the default options of the payment providers you have selected or with the options you have set, if any, in the payment provider account you have connected through the Service. To ensure proper payment, you are solely responsible for providing and maintaining accurate and up to date payment information associated with your account which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify ClubAdminPro in writing within thirty (30) days of such payment. Failure to so notify ClubAdminPro shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by ClubAdminPro. No other measurements or statistics of any kind shall be accepted by ClubAdminPro or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
• 8.5 You are responsible for ensuring that you only submit Charges to the Payment Providers, through our Service, that are authorised by the User.
• 8.6 You maintain the direct relationship with Users registered to your Club and are responsible for: (a) acquiring appropriate consent to submit Charges through the Payment Providers on their behalf; (b) providing confirmation or receipts to Users for each Charge; (c) verifying Users identities; and (d) determining a Users eligibility and authority to complete Transactions. ClubAdminPro is not responsible for or liable to you for authorised and completed Charges that are later the subject of a Dispute, Refund or Reversal, are submitted without authorisation or in error, or violate any Laws.
• 8.7 You are responsible for ensuring that you only submit Charges through the Payment Providers as MOTO Transactions or Merchant Initiated Transactions that are eligible to be treated as such in accordance with the terms of this Agreement and, in respect of a Merchant Initiated Transaction, that you have an appropriate mandate in place with the User enabling you to initiate the Charge. You must keep a record of the basis on which you determined any submitted Charge was eligible to be treated as a MOTO Transaction or Merchant Initiated Transaction and make such records available to us, our regulators and/or our auditors immediately on request.
• 8.8 When using a Payment Provider you agree to: (a) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency when submitting a Charge; (b) provide a receipt that accurately describes each Transaction to Users; (c) provide Users a meaningful way to contact you in the event that the product or service is not provided as described; and (d) not use Services to sell products or services in a manner that is unfair or deceptive, exposes Users to unreasonable risks, or does not disclose material terms of a purchase in advance.
• 8.9 The Payment Providers may include functionality that enables you to receive recurring or subscription payments from Users, and to issue invoices to your Users. If you use the Payment Providers to submit recurring or subscription Charges, you agree to comply with applicable Laws and Payment Method Rules, including clearly informing Customers in advance of submitting the initial Charge that they will be charged on an ongoing basis and explaining the method for unsubscribing or cancelling their recurring billing or subscription. If you use the Payment Providers to issue invoices to your Customers, you understand and agree that it is your responsibility to ensure that the form and content of the invoices comply with applicable Laws, and are sufficient to achieve any legal or tax effect that you are trying to achieve.
• 8.10 If you engage in Transactions with Customers who are individuals (i.e. consumers), you specifically agree to provide consumers disclosures required by Law, and to not engage in unfair, deceptive, or abusive acts or practices.
• 8.11 If you post a Class, Session or other such Event on the Service, you agree that you are responsible for ensuring the Event takes place on the agreed date and time, and in accordance with the terms and details you provide on the Event page. If Event details change, you must notify all attending Users of the change as promptly as possible. Failure to adhere to the terms of this section may result in the suspension or termination of your Account, in Our sole discretion.
• 8.12 You agree to respond to all reasonable questions and requests from Users in a timely manner. Failure to adhere to the terms of this section may result in the suspension or permanent removal of your account, in ClubAdminPro’s sole discretion.
• 8.13 We comply with EU data protection rules, namely the General Data Protection Regulation. In the UK those rules are to be set out in the Data Protection Act 2018. We are each independent “data controllers” for the data related to customers, and so we each have our own separate responsibilities for ensuring that payer data is protected legally and technically. Separately, if you use a third party service with ClubAdminPro, you are responsible for ensuring your data is transferred to them, stored and treated in a way you’re happy with (we’re not responsible for this).

9. Access to services

• 9.1 Subject to your continued compliance with these Terms, ClubAdminPro grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Service.
• 9.2 You understand that ClubAdminPro uses third-party vendors and hosting providers to provider the necesarry hardware, software, networking, storage and related technology required to provide the Service, and you agree that ClubAdminPro is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.

10. User Content

• 10.1 You may create or upload User Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, and User Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User Content.
• 10.2 We do not pre-screen User Content, but we have the right (although not the obligation) to refuse or remove any User Content that, in our sole discretion, violates any ClubAdminPro terms or policies.
• 10.3 If you upload User Content to the Website or Service, you represent and warrant that:
  • 10.3.1 the User Content does not and will not infringe, violate or missappropriate the Intellectual Property Rights of any third party (where "Intellectual Peroperty Rights" are defined as patents, copyrights, moral rights, trademarks, trande secrets, or any other form of intellectual property rights recognized in any juristiction in the world, including applications and registrations for any of the foregoing);
  • 10.3.2 our use of your User Content for the purpose of providing the Service (including, without limitation, downloading, copying, processing, or creating aggregations of the Content) dies not and will not:
    • 10.3.2.1 violate any applicable laws or regulations;
    • 10.3.2.2 infringe, violate, or missappropriate the Intellectual Property Rights of any third party;
  • 10.3.3 the User Content does not contain material that may create risk of harm, physical or mental injury, loss, emotional distress, disability, disfigurement, death, or any physical or mental illness to you, to any other person, or to any animal;
  • 10.3.4 the User Content does not contain unethical or unwanted content designed to attract Users to third party sites, is not randomly-generated, is not spam, and does not contain content that used for any other unlawful acts (such as phishing), or for misleading recipients as to the source of the material (such as spoofing);
  • 10.3.5 you have fully complied with any third-party licenses relating to your User Content;
  • 10.3.6 your User Content does not contain or install any viruses, Trojan horses, worms, malware or other harmful or destructive code;
  • 10.3.7 your User Content does not contain material that may constitute or contribute to crime or tort;
  • 10.3.8 your User Content does not contain any material that we deem to be unlawful, harmful, defamatory, abusive, racially or ethnically offensive;
  • 10.3.9 the Content does not and will not include any: (i) financial account information, including bank account numbers; (ii) payment card data, including credit card or debit card numbers; or (iii) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense;
  • 10.3.10 your User Content does not contain incitement to violence or threats, at does not violate the privacy or publicity rights of any third party;
  • 10.3.11 your User Content is not named in a manner that misleads (or could mislead) third parties into thinking that you are another person or company.
• 10.4 You retain ownership of and responsibility for Your Content. If you are uploading any content that you did not create yourself or do not own the rights to, you agree that you are responsible for any Content that you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
• 10.5 By posting User Content on the Website or Service you grant ClubAdminPro and our legal successors a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual irrevocable license to reproduce, modify, adapt, parse, diplay, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display and make derivative works of Your Content and use your name, voice, and/or likeness as contained in Your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and ClubAdminPro's (and our legal successors and affiliates) business, including without limitation for promoting and redistributing all or part of the Service (and derivative works thereof) in any media formats and through any media channels. This includes the right to copy it to our database and make backups; show it to you and other users, parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in the case Your Content is something like music and video.
• 10.6 By posting User Content on the Website or Service you grant each User or the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, display and perform Your Content as permitted through the functionality or the Service and under this Agreement.
• 10.7 If features of the Service allow you to delete Your Content, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you delete Your Content from the Service and ClubAdminPro will use reasonable efforts to remove it from the Service. You acknowledge, however, that cached copies or other references to Your Content may still be available. You undetstand and agree that ClubAdminPro may retain, but not display, distribute, or perform, server copies of Your Content that has been deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

11. Security

• 11.1 We take the utmost care to ensure the integrity and security of our Service and the data within. However, we cannot guarantee that unauthorized third parties will never be able to bypass or defeat our security measures or use your personal information for unauthorized purposes. You acknowledge that you provide your personal information at your own risk.

12. Copyright Infringement and DMCA Policy

• 12.1 If you believe that content on our website violates your copyright in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) please contact us by emailing copyright{{ config('app.name') }}.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
• 12.2 We may terminate the Accounts of repeat infringers of this policy.

13. Intellectual Property

• 13.1 ClubAdminPro are the owner or the licensee of all intellectual property rights on our Website and Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

14. Payments for Club Owner Accounts

• 14.1 Our pricing and payment terms are available on our Pricing pages. If you agree to a Plan’s pricing, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
• 14.2 Upgrades, Downgrades and Changes
  • 14.2.1 If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
  • 14.2.2 You may change your level of service an any time through your account settings. If you choose to downgrade your Account, you may loose access to Content, features or capacity of your Account.
• 14.3 Billing Schedule; No Refunds
  • 14.3.1 For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and it is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused. However, the Service will remain active for the length of the paid billing period.
  • 14.3.2 In order to treat everyone equally, no-exceptions will be made.
• 14.4 Authorization
  • 14.4.1 By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for ClubAdminPro.
• 14.5 Responsibility for Payment
  • 14.5.1 You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay ClubAdminPro any charge incurred with connection with your use of the Service. If you dispute that matter, contact support@clubadminpro.com. You are responsible for providing us with a valid means of payment.

15. Cancellation and Termination

• 15.1 Account Cancellation - Our pricing and payment terms are available on our Pricing pages. If you agree to a Plan’s pricing, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
• 15.2 Upon cancellation - All of your Content will be deleted from the Services within a reasonable time period from when you cancel your Account/Subscription. Deleted Content cannot be recovered once your Account/Subscription is cancelled.
• 15.3 ClubAdminPro May Terminate - ClubAdminPro has the right to suspend, create usage limits or terminate your access to the Website or Service at any time, with or without cause, with or without notice, effective immediately. ClubAdminPro reserves the right to refuse the Service to anyone for any reason at any time.
• 15.4 Survival - All provisions of this Agreement which, by their nature, should survive termination will survive termination – including, without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Payment processing services

• 16.1 You authorize ClubAdminPro to rely on your Account information and username and password as a signature to authorize any payments you make through the Website or Service. You warrant that you are responsible for any payments made through your Account on the Website or Service and you are responsible for any and all charges, late charges, penalties or other.
• 16.2 You authorize ClubAdminPro to debit your approved payment methods and remit funds on your behalf to the Payee. When ClubAdminPro receives a payment instruction you have authorized ClubAdminPro to debit your supplied payment method so that the funds arrive as close as reasonably possible to the payment due date. You also authorise ClubAdminPro to credit your supplied payment method for payments returned to you through the Website or Service or the payment providers we use.
• 16.3 If ClubAdminPro debits one of your approved payment methods incorrectly, ClubAdminPro will be responsible for returning the improperly debited funds to your approved payment method. However, ClubAdminPro will not be liable if: (a) You did not follow the provisions of this agreement or other instructions for making a payment; (b) Through no fault of ClubAdminPro, you have insufficient funds in your account (c) You attempted payment when the Service was temporarily unavailable or not working properly or you attempted payment when you were advised by the Website or Service not to; (d) ClubAdminPro has reasonable basis to believe that your account was used in an unauthorized manner at the time of payment; (e) You supplied your authorization details to a third party; (f) For any other reason stated in these Terms or in any other agreement ClubAdminPro has with you.
• 16.4 Payment processing services for users on ClubAdminPro are provided by Stripe, GoCardless and PayPal (other providers may be added in the future).
• 16.5 We are not party to the transactions entered between you and a payment provider is at your sole risk without warranties of any kind by us, expressed, implied or otherwise including fitness for purpose or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and the payment providers.
• 16.6 All rules and policy’s of the payment providers will apply to you while on the payment providers website. We are not responsible for information provided by you to the payment provider.
• 16.7 Stripe - Payment processing services for users on ClubAdminPro that are provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on ClubAdminPro, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ClubAdminPro enabling payment processing services through Stripe, you agree to provide ClubAdminPro accurate and complete information about you and your business, and you authorize ClubAdminPro to share it and transaction information related to your use of the payment processing services provided by Stripe.
• 16.8 GoCardless - Payment processing services for users on ClubAdminPro that are provided by GoCardless are subject to GoCardless' terms of service which can be found here. By agreeing to these terms or continuing to operate as a User on ClubAdminPro, you agree to be bound by any agreements and terms that GoCardless employs which may be modified by GoCardless from time to time. As a condition of ClubAdminPro enabling payment processing services through GoCardless you agree to provide ClubAdminPro accurate and complete information about you and your business, and you authorize ClubAdminPro to share it and transaction information related to your use of the payment processing services provided by GoCardless.
• 16.9 PayPal - Payment processing services for users on ClubAdminPro that are provided by PayPal are subject to PayPal's terms of service which can be found on the PayPal website. By agreeing to these terms or continuing to operate as a User on ClubAdminPro, you agree to be bound by any agreements and terms that PayPal employs which may be modified by PayPal from time to time. As a condition of ClubAdminPro enabling payment processing services through PayPal you agree to provide ClubAdminPro accurate and complete information about you and your business, and you authorize ClubAdminPro to share it and transaction information related to your use of the payment processing services provided by PayPal.

17. Disclosure of Account Information

• 17.1 ClubAdminPro will not disclose any information to third parties about you, except in the following circumstances:
  • 17.1 Where it is necessary to complete a payment, or to resolve a problem related to a payment;
  • 17.2 To ClubAdminPro employees, auditors, attorneys or collection agents in the course of their duties;
  • 17.2 If you give ClubAdminPro written permission (including by email).
• 17.2 The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, You agree that ClubAdminPro may disclose any and all User information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the User. In addition, ClubAdminPro shall have the right to terminate all service set forth in this Agreement.

18. Club Products

• 18.1 Clubs have the ability to offer Products (Physical goods, Subscriptions, Memberships, Class bookings) for a fee. You understand and agree that the Club is solely responsible for charges and fees related to all services managed through ClubAdminPro. ClubAdminPro may store your payment information on behalf of the Club for your convenience, as controlled by your account settings. By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for charges and fees that you authorize. Clubs may add new Products or change existing Product pricing at any time in their sole discretion.
• 18.2 We try our best to make sure all information provided by Club's (such as Product pricing, event information) is accurate, up-to-date and current, however, We make no warranty or guarantee that information provided by a Club on the Service is accurate, up-to-date, current, correct or otherwise satisfactory. If at any time ClubAdminPro finds pricing information provided by a Club as not accurate, in our sole discretion, we may in the event of an overcharge, provide you with a credit for the difference, and, in the event of an undercharge, give you the option to have a full refund or pay the difference in price.
• 18.3 It is the Club's sole responsibility to create the terms and conditions associated with the sale and supply of Products (Physical goods, Subscriptions, Memberships, Class bookings). ClubAdminPro does not accept any responsibility or provide any warranty, representation, condition or guarantee as to the accuracy or legality of such terms and conditions. The terms of this clause 18.3 are expressly acknowledged by the Club Owner. The Club Owner shall indemnify, defend and hold harmless ClubAdminPro on demand (with no duty to mitigate its loss) from and against any and all liabilities, claims, demand, damages, losses or expenses (including legal and other professional adviser's fees and disbursements), interest and penalties incurred by ClubAdminPro howsoever arising from the Club Owner's contract with Users of the Website or Service.
• 18.4 Each Club has their own refund policy. Each Club is entirely responsible for issuing refunds from their chosen payment processing services, cash or any other suitable methods.
• 18.5 If a Club class, session, event or other such service is cancelled for any reason or if the event does not occur on the listed date, it is the Clubs responsibility to issue a refund in accordance to their refund policy.

19. Third Party Links

• 19.1 The Service may contain links to third-party services, adverisers, websites or other such web establishments. ClubAdminPro does not endorse or assume any responsibility for any such third-party site information, materials, products or services.
• 19.2 If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and ClubAdminPro’s Privacy Policy do not apply to your use of such sites. You expressly relieve ClubAdminPro from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ClubAdminPro shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

20. Disclaimer of Warranties

• 20.1 The Service is provided “as is”. ClubAdminPro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
• 20.2 Neither ClubAdminPro nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
• 20.3 No responsibility is taken by ClubAdminPro for the failure or delay in removing damaging, inaccurate or offensive material.
• 20.4 You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
• 20.5 We are not the agent of the ClubAccount or User. We only offer a Club administration service.
• 20.6 We have no control over whether the Club will provide the service you may be paying for.
• 20.7 We make no warranty that any payment we process has been paid legitimately or otherwise.
• 20.8 We can't promise that the Website or Service will meet your needs; that it works properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
• 20.9 You warrant that you are responsible when interacting with other Users of the Service, including, but not limited to all the risks associated with any online or offline interactions at classes, sessions, events or any other events provided on or through the Website or Service. We reserve the right, but are not obligated to monitor disputes between you and other ClubAdminPro Service Users. ClubAdminPro has no liability for your interactions with other Users of the Service, or for any Users of the Service's action or inaction.
• 20.10 IN NO EVENT WILL CLUBADMINPRO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR ACTIVITIES WITH OTHER USERS OR CLUBS ON THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IF YOU INTERACT WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR PARTICIPATE IN ANY SPORTS OR FITNESS ACTIVITIES. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE BEGINNING OR CHANGING A FITNESS PROGRAM TO MAKE SURE THAT THE ACTIVITY IS APPROPRIATE FOR YOU.
• 20.11 Any information provided on the Website or Service is only our view, it is meant to be helpful but cannot be relied upon. ClubAdminPro does not warrant that the content is up-to-date or current. ClubAdminPro has no obligation to update any Content found on the Website or Service. ClubAdminPro does not guarantee the Content is free from inaccuracies or errors or that the Content does not infringe upon the intellectual property rights of any third party. We recommend you seek full professional advice when making decisions.
• 20.12 We take the utmost care when deploying new material and functionality to the Website and Service. In the unlikely event of any loss, disruption or damage to your data or computer system when using the Website or Service, we cannot be held responsible for any loss.
• 20.13 We try our best to ensure the Website and Service will always be available however if for any reason the Website or Service becomes unavailable, we cannot be held responsible for any loss by you.

21. Limitation of Liability

• 21.1 IN NO EVENT WILL CLUBADMINPRO'S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE WEBSITE OR THE SERVICE EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO CLUBADMINPRO IN FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
• 21.2 IN NO EVENT WILL CLUBADMINPRO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE WEBSITE OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
• 21.3 THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

22. Assignment

• 22.1 ClubAdminPro may assign or delegate these Terms of Service and/or the ClubAdminPro Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including any licenses grants in Section D.4. You may not assign any rights or obligations under this Agreement without the consent of ClubAdminPro.

23. Indemnification

• 23.1 You agree to defend, indemnify and hold harmless ClubAdminPro, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees from or relating to (a) Your Content (b) Your use of and access to the Services including any data or content transmitted or received by you (c) Your violation of this Agreement (d) Your violation of any law, rule, or regulation, or the rights of any third party (e) Your use of any Third Party Services (f) your violation of any applicable law, rule or regulation and (g) your involvement in any and all events posted on the Service you may choose to engage in offline, including without limitation, physical activities, classes, or sessions.

24. Ownership; Reservation of Rights

• 24.1 As between the parties: (i) you own all right, title and interest in and to your Content; and (ii) ClubAdminPro owns all right, title and interest in and to the Website and the Service, and all Intellectual Property Rights therein. The look and feel of the Website and the Service, including any custom graphics, button icons, and scripts are also the property of ClubAdminPro, and you may not copy, imitate, or use them, in whole or in part, without ClubAdminPro's prior written consent. ClubAdminPro reserves all rights not expressly granted to you in these Terms, and ClubAdminPro does not grant any licenses to you or to any other party under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth herein.
• 24.2 You acknowledge that any suggestions, comments, or other feedback that you provide to ClubAdminPro with respect to the Website, the Service, or any other ClubAdminPro product or service (collectively, “Feedback”) will be owned by ClubAdminPro, including all Intellectual Property Rights therein, and will be and become ClubAdminPro's Confidential Information. You acknowledge and agree that ClubAdminPro will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as ClubAdminPro sees fit, without obligation or restriction of any kind. At our request and expense, you agree to execute documents or take such further actions as we may reasonably request to help us acquire, perfect, and maintain our rights in the Feedback.

25. Changes to these Terms

• 25.1 THIS AGREEMENT IS SUBJECT TO CHANGE BY CLUBADMINPRO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, We will make a new copy of the Agreement available by posting on the Website or the Service. We will also update the "Last modified" date at the top of the Agreement. If We make any material changes, and You have registered to use the Service, We may also notify you via email or through the Service. Changes will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Website for existing users. ClubAdminPro may require You to provide consent to the updated Agreement. If You do not agree to any change(s) You agree to stop using the Services. Your continued use of the Services constitutes Your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

26. Support

• 26.1 If you are a Club Owner subscribed to a paid Subscription, ClubAdminPro will provide you with email-based support – just write to our support desk at support@clubadminpro.com. While we work hard to respond to you and resolve your issues quickly, we do not warrant that we will respond within any particular timeframe, or that we will be able to resolve your issue. If you are subscribed to a free Plan or you are a not a Club Owner, while you are welcome to email us your questions or review our FAQ pages on the Website, which can provide valuable information to help answer your questions.

27. General

• 27.1 Notices - You agree that We will provide notices and messages to you either within the Services or sent to the contact information that you provided Us. You are responsible for providing ClubAdminPro with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving ClubAdminPro notices, ClubAdminPro’s dispatch of such email will nonetheless constitute effective notice. You may give notice to ClubAdminPro at the following address: 2 Portland View, Wickford, England, SS11 7FP, ATTN: Legal. Notices shall be deemed given when received by ClubAdminPro delivered by overnight delivery service or first-class postage prepaid mail.
• 27.2 Severance If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
  If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
• 27.3 You agree that ClubAdminPro has the right to use your name and logo on the Website, Service or other marketing materials for the purposes of identifying you as a ClubAdminPro customer. You also agree that We may issue a press release identifying you as a customer, inform other potential customers that you are a customer of the Service and publicly state that you are a customer of the Service, including, but not limited to, blog posts and other such methods of marketing.
• 27.4 Any cause of action by you, with respect to the Website or Service (and/or any information, products or service related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
• 27.5 Waiver - A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
• 27.6 No partnership or agency - Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
• 27.7 Third parties - A person who is not a party to the Contract shall not have any rights to enforce its terms.
• 27.8 Governing law - This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
• 27.9 Jurisdiction - Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

28. Contact us

• 28.1 To contact us, please email support@clubadminpro.com.

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