Terms of Service

Terms of Service for Individuals.

  1. General
    • 1.1 “We” “Us” “Our” “Clubz” means Clubz Ltd, registered in England and Wales under company number 10338601 with its registered office at Pera Business Park, Nottingham Road, Melton Mowbray, Leicestershire LE13 0PB, which provides a Club management service and social network platform (“Service”).
    • 1.2 “the Club” means the club of which an individual having or wishing to have an account to use the Service is a member.
    • 1.3 This document together with the documents referred to in it (together referred to as the “Terms”) sets out the terms of service which apply to any individual (a) who is a member of a club which has a club account with Us; and (b) is registered to use the Service (whether the registration is effected by the individual or by the Club or another person with the authority of the individual).
    • 1.4 We reserve the right to update and change the Terms from time to time. We will take steps to notify users of any changes and your continued use of the Service will constitute your acceptance of such changes.
  2. Description of service
    • 2.1 The Service allows registered users to have an account enabling them to use the features, tools and resources of the Service and to post content as requested or permitted by Us or by the Club.
    • 2.2 Our Service may include certain communications from Us, such as service announcements and administrative messages, although you will be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Clubz for use in accessing the Service.
    • 2.3 The Service may include advertisements and links to other websites or resources. You agree that Clubz is not responsible or liable for any damage or loss caused by or in connection with your dealings with any advertiser or the use of any such website or resource.
  3. Registration
    • 3.1 To register to use the Service, you must be at least 14 years of age or such higher age as may be determined by the Club with Our agreement, and complete (or authorise another to complete on your behalf) the Service’s registration form. The Club may, with Our agreement, have parental accounts. A parent or guardian of a person who is below the agreed minimum age may register a parental account with the ability to manage the child’s account on the child’s behalf.
    • 3.2 You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and you must maintain and promptly update that information to keep it true, accurate, current and complete. If We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account.
    • 3.3 An account is accessed using a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
    • 3.4 You agree to immediately notify Us in writing of any unauthorised use of your password or account or any other breach of security and you must ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause.
  4. Content rules and obligations
    • 4.1 You agree not to post on the Service any material which is obscene, defamatory or which constitutes harassment or would otherwise bring Us or the Club into disrepute.
    • 4.2 We are the owner or the licensee of all intellectual property rights in the Service, and any software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • 4.3 You agree not to misuse the Software in any way (whether or not such misuse constitutes an offence under the Computer Misuse Act 1990).
    • 4.4 You agree to indemnify Us against any claims, losses, damages or fines, due to or arising out of any content you place on the Service.
  5. Data and privacy
    • 5.1 For the purpose of this clause, “applicable data protection legislation” means in the United Kingdom the Data Protection Act 2018 (as amended from time to time, or any legislation enacted in substitution for it), including the General Data Protection Regulation as it has effect in the United Kingdom.
    • 5.2 Where the Club collects personal data (as defined by the applicable data protection legislation) from you for inclusion on its Club account, the Club will be the data controller. For the purposes of the applicable data protection legislation, We are the data processor acting in accordance with the data controller’s instructions. In all respects we will comply with the applicable data protection legislation and we require the Club to enter into a contractual commitment with Us that it will also comply with that legislation.
    • 5.3 We do not control the content placed on Our Service and accept no responsibility for it.  We reserve the right to have access to and make use of such content when required by law, to conform and adapt content to the technical requirements of Our systems, and to enforce these Terms.
  6. Payments
    • 6.1 All payments made through the Service, are processed via secure 3rd party payment providers, Stripe Payments UK Limited, which is regulated by the United Kingdom Financial Conduct Authority (reference number: 900461). Neither We, nor any club using the service, will have access to your card and/or bank details at any time.
  7. Cancellation and termination
    • 7.1 If you cancel your Account, your cancellation will take effect on the date you specify (or, if no date is specified, immediately) and any clubs of which you are a member within the Service will be notified.
    • 7.2 We may suspend or terminate your account, if We believe that you have violated or acted inconsistently the Terms.
    • 7.3 You agree that your account may be terminated by the Club if you have ceased to be a member of that club in accordance with its own membership rules or for any other reason defined in the Club’s rules.
    • 7.4 After cancellation, suspension or termination of your account, you will no longer have access to your account and all information or content contained therein may be deleted. We accept no liability for such deleted information or content.
  8. Disclaimer
    • 8.1 We will make best efforts to maintain the operation and reliability of the Service. You are responsible for maintaining and backing-up any data you place on the Service. We accept no responsibility for the loss of any such data and any consequential loss you may incur.
  9. Final provisions
    • 9.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales, and the English courts shall have exclusive jurisdiction.
    • 9.2 If a court holds that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.

Last updated: September 2021

Terms of Service for Clubs & Organisations

  1. General
    • 1.1 “We” “Us” “Our” “Clubz” means Clubz Limited, registered in England and Wales under company number 10338601 with its registered office at Pera Business Park, Nottingham Road, Melton Mowbray, Leicestershire LE13 0PB, which provides a Club management service and social network platform (“Service”)..
    • 1.2 This document (together with the documents referred to in it) (together referred to as the “Club Terms”) sets out the terms of service which apply to any organisation (“Club”) which creates an account using our club registration form (“Club Account”). The Club Terms constitute the entire agreement between the Club and Us in relation to the operation of any Club Account and supersede any prior agreements.
    • 1.3 We reserve the right to update and change the Club Terms from time to time and the continued use of the Service by the Club will constitute its acceptance of such changes.
  2. Creation of a club account
    • 2.1 The individual who creates the Club Account on behalf of the Club undertakes that he or she has the necessary authority to enter into the Club Terms on behalf of the Club. To create a Club Account, that person must have an individual account with Us and so have a valid Clubz ID and must be aged 18 or over.
    • 2.2 The creation of a Club Account indicates on behalf of the Club acceptance of the Club Terms. The Club, its webmaster and  any other person given administrative access to and/or control of the Club Account “Club account administrator” must ensure adherence to the Club Terms.
    • 2.3 The Club agrees to notify Us immediately and in writing of any unauthorised use of the Club Account or any other breach of security. The Club’s webmaster and any Club account administrator must ensure that he or she exits from the Club Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause.
    • 2.4 The Club agrees to provide true, accurate, current and complete information (“Registration Data”) as prompted by the Club Account registration form, and agrees to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Club provides any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate the Club Account and refuse any and all current or future use of the Service (or any part thereof). We will provide access to download any membership related data for 7 days after termination/suspension.
  3. Rights granted to the Club and reservation of rights
    • 3.1 We grant to the Club a licence to place on the Club account data (including images and video material) [up to a maximum of ?? gigabytes] and to use the associated software to process on that data. The Club’s exercise of this licence is subject where applicable to the rules of the plan chosen by the Club from those specified on Our website.
    • 3.2 The Club agrees not to place on the Club account any material which is obscene, defamatory or which constitutes harassment or would otherwise bring Us into disrepute.
    • 3.3 The Club will observe the provisions of these Club Terms as to data protection.
    • 3.4 We are the owner or the licensee of all intellectual property rights in the Service, and any software used in connection with the Service (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • 3.5 Except as expressly authorised by Us, the Club agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, and not to misuse the Software in any way (whether or not such misuse constitutes an offence under the Computer Misuse Act 1990).
  4. Charges and payment
    • 4.1 Some of our plans are only available if the Club pays for them. The charges for the different plans are shown on Our Website and are inclusive of VAT.
    • 4.2 Free, Bronze and Silver plans have a maximum number of Club members included in the plan. If the number of the Club’s members exceeds this limit within a month (the Club’s webmaster and Club account administrators are not included in this number), then you will be billed at the end of the month for each additional member above the plan limit as follows. Free Plan – £0.25 per member; Bronze Plan – £0.10 per member; Silver Plan – £0.05 per member.
    • 4.3 The Club can pay for a plan online by credit card or by setting up a monthly direct debit (preferred method). It can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge for each transaction. If the Club wishes to pay by bank transfer our bank details are available upon request. Cheques should be made payable to Clubz Limited, Pera Business Park, Nottingham Road, Melton Mowbray, Leicestershire LE13 0PB for the attention of Clubz Support Group.
    • 4.4 All payments (except cheques) are processed via 3rd party payment providers and We will not have access to the card and/or bank details of the Club or its members at any time.
    • 4.5 The charges will be payable in advance and the Club can choose whether to pay monthly or annually. If it pays online by credit card or direct debit We will automatically take payment each month/year (as applicable) and will continue to do so until You advise us otherwise.
    • 4.6 If We accidentally take payment after the Club has given us notice that it no longer wishes to pay for a plan We will refund you in full. We may also issue you with a refund if any of the plan features are not available, but only if the unavailability is due to our act or omission.
    • 4.7 The Club may select a different plan at any time via Our website.  In the case of an upgrade to a higher plan, the higher plan will be available to the Club as soon as the Club has paid the relevant charges. If the case of a downgrade to a lower plan, the Club will be charged the lower amount when its next scheduled payment is due, but no refund will be made on any payments already made.
    • 4.8 If We are unable to collect payment for any reason or the Club fails to pay the charges, We may suspend the Club’s access to the features of the relevant plan until we receive payment in full and in cleared funds.
    • 4.9 We reserve the right to change the charges at any time by giving the Club not less than 30 days’ notice.
  5. Transaction fees on payments by Club members
    • 5.1 Our payments system allows the Club to collect money from its members.
    • 5.2 Each transaction carries a fee which is made up of a transaction fee to us and a transaction fee to the payment provider. The transaction fee to us is inclusive of VAT and the transaction fee to the provider is VAT exempt. The standard payment provider transaction fee is 1.4% + £0.20. The transaction fee to us is dependent on your plan (for example the bronze plan is 1% therefore the total transaction fee would be 2.4% + £0.20.) Transaction and licence reports from the admin dashboard will separate the VAT.
    • 5.3 Because the payment providers offer a financial service only, there is no VAT to pay on their transaction fee.
  6. Cancellation and termination
    • 6.1 The Club can cancel a Club Account at any time via the admin dashboard. You can also send us a cancellation request via email to support@clubz.co.uk, or in writing to our postal address. Please include your contact details in case We have an issue with processing your request.
    • 6.2 If the Club cancels the Club Account, the cancellation will take effect on the date specified by the Club (or if no date is specified, iimmediately). When a Club Account is closed all data thereon may be deleted and We accept no liability for such deletion.
    • 6.3 We may terminate and/or suspend the Club Account if We believe that the Club has violated or acted inconsistently with the Club Terms. We will give 7 days’ notice unless the Club’s actions have or could have an impact on the Service for other users. We will provide access to download any data for 7 days from the Club account after the termination/suspension.
  7. Data and privacy
    • 7.1 For the purpose of this clause, “applicable data protection legislation” means in the United Kingdom the Data Protection Act 2018 (as amended from time to time, or any legislation enacted in substitution for it), including the General Data Protection Regulation as it has effect in the United Kingdom..
    • 7.2 Where the Club collects personal data (as defined by the applicable data protection legislation) from its members for inclusion on the Club account, the Club acting though its webmaster will be the data controller. In this and other respects the Club will comply with the applicable data protection legislation.
    • 7.3 We have provided a data protection management section on the admin dashboard which provides tools for the Club to manage its data and will assist the Club in its compliance with data protection legislation. This information should be used as a guide only and we strongly recommend that the Club refers to the Information Commissioner’s Office guidance on its website for further information.
    • 7.4 The Club will indemnify Us against any claims, losses, damages or fines We incur due to the Club’s breach of applicable data protection legislation.
  8. Ownership of club account and security
    • 8.1 Before appointing a webmaster or Club accounts administrator, the Club must ensure that such person is over the age of 18 and understands the need to comply with the applicable data protection legislation.
    • 8.2 We strongly advise that the Club carries out appropriate backgrounds checks before appointing a webmaster or Club account administrator, especially if the Club Account has members who are under the age of 18.
    • 8.3 We will not be liable for any loss or damage from Your failure to comply with this clause.
  9. Content and conduct rules and obligations
    • 9.1 The Club, acting through its webmaster, has a responsibility to ensure than any content placed on the Club account is appropriate and in accordance with these Club Terms.
    • 9.2 We do not control the content placed on a Club account and accept no responsibility for it. We reserve the right to have access to and make use of such content when required by law, to conform and adapt content to the technical requirements of Our systems, and to enforce these Club Terms.
  10. Liability and Indemnity
    • 10.1 Under no circumstances will We be liable, in any way, for any acts or omissions of a webmaster, Club account administrator or Club member.
    • 10.2 The Club agrees to indemnify Us against any claims, losses, damages or fines, due to or arising out of any content of the Club account or the Club’s use of the Service. This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
    • 10.3 We will make best efforts to maintain the operation and reliability of the Service. The Club is responsible for maintaining and backing-up the data on the Club account. We accept no responsibility for the loss of any such data and any consequential loss incurred by the Club.
  11. Final provisions
    • 11.1 These Club Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales, and the English courts shall have exclusive jurisdiction.
    • 11.2 If a court holds that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.

Last updated: June 2021

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