www.clubworx.com (the “Application”) allows you to manage class bookings, prospects, memberships, web presence and communications for your business (the “Service”). The Application is owned by Clubworx Pty Ltd (Clubworx, we, our or us).
Please ensure the following terms and conditions are read prior to use of the application.
1. Acceptance of Terms
These Terms and Conditions of Use (these “Terms”) set forth legally binding terms for your use of the Application. By using the Application, you agree to be bound by these Terms. If you do not accept the terms of these Terms, you should leave the Application and discontinue use of the Service immediately. We may modify these Terms from time to time, and such modification shall be effective upon its posting on the Application. You agree to be bound by any changes to these Terms when you use the Application after any such change is posted; it is therefore important that you review these Terms regularly.
2. General Registration Requirements
If you wish to become a Customer to use the Service, you must register on the Application. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract or have accepted the Terms stated through a parent or guardian and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
If you are an employee or agent of a company and you are entering accepting these terms to obtain the service for use by or for the benefit of the company for the company’s own business purposes, you hereby agree that you accept these terms on behalf of the company and that you have the authority to bind the company to the terms and conditions set forth herein.
You also agree to: (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the registration form available on the Application (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide 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 reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Application and Service (or any portion thereof). Use of the Service and membership on our Application is void where prohibited.
Due to the nature of the internet, we cannot prohibit minors from visiting our Application. If you are a minor, your acceptance of the terms and conditions stated herein must be through a parent or lawful guardian. We have the right to presume that you as a Member have lawfully represented your capacity to enter into these Terms whether directly or through a parent or guardian.
4. Member Accounts, Passwords, and Security
If you register on the Application or otherwise become a Member, you will be required to choose one or more passwords and provide your email address, and you may be asked for additional information regarding your account(s). You are responsible for maintaining the confidentiality of the password(s) and account(s) information, and are fully responsible for all activities that occur under your password(s) or account(s). You agree to (a) immediately notify us (by email to [email protected], or call us at (801) 326-4961 of any unauthorized use of your password(s) or account(s) or any other breach of security, and (b) ensure that you log out from your account(s) at the end of each session. Clubworx is not liable for any loss or damage arising from your failure to comply with this Section.
5. User Content
You acknowledge, consent and agree that Clubworx may access, use, preserve and disclose your account(s) information, including, but not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively Content) you have posted or made available through our Application (together with your Registration Data “User Content”) if required to do so by law or in good faith believe that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Clubworx, its Members and the public; and/or (f) otherwise provide you with access to and use of the Service.
6. Security Components
You understand that our Application and software embodied within our Application may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Clubworx and/or content providers who provide content to Clubworx. You may not attempt to override or circumvent any such security components and usage rules embedded into our Application.
7. Non-Commercial Use.
The Service may not be used in connection with any commercial purposes, except as specifically approved in writing by Clubworx or as provided on the Application. The Application is intended for managing your business information and communicating with your members and/or students. Unauthorized framing of or linking to any part of our Application is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and User Content without notice and may result in termination of membership privileges.
8. Clubworx and Third Party Content
Our Application contains Content of Clubworx (“Clubworx Content”), and Content of third party licensors to Clubworx which is protected by copyright, trademark, patent, trade secret and other laws. In addition, Clubworx has developed processes, concepts, online tools manage and grow membership based businesses. This is also proprietary information owned by Clubworx and is Clubworx Content. By utilizing this Application, you acknowledge and agree that Clubworx owns and retains all rights, title and interest in the Clubworx Content. Clubworx hereby grants to you a limited, revocable, non- transferable, nonâsubâlicensable license to reproduce and display a single copy of the Clubworx Content and any third party Content located on or available through our Application or Service (excluding any software code therein) solely for your use in connection with viewing our Application and using the Service. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Application or Service.
9. Other Sites.
10. Payment of Fees
The fees for the Service provided are posted on our Application and are subject to change without notice. You agree to pay Clubworx in advance the applicable fees for the Service provided by Clubworx under these Terms. Unless other arrangements are pre-approved by Clubworx, we will bill your account for all fees for the Service due each month, and you hereby authorize Clubworx to charge your account for all such fees. You will provide accurate and complete billing information including legal name, address, telephone number, and billing account (either ACH, credit card or debit card) information. If such information is false or fraudulent, we reserve the right to terminate the Service and your access to the Application in addition to seeking any other legal remedies. Clubworx is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Clubworx. Clubworx payments are non-refundable, but in certain circumstances credit may be applied to your future bills. Each charge will be considered valid unless disputed by you in writing within fifteen days after the billing date. All fees will be paid in Australian dollars and are due as set forth on our Application. All fees are inclusive of the Australian Goods and Services Taxes (GST).
You may cancel your Service at any time by providing 30 days of advanced notice.
11. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Copyright Policy
Clubworx has in place certain legally mandated procedures pursuant to the Digital Millennium Copyright Act (“DMCA”) regarding allegations of copyright infringement occurring on our Application or with the Service. Clubworx reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Application by any user who is alleged to have infringed on the intellectual property rights of Clubworx or of a third party, or otherwise violated any intellectual property laws or regulations. Clubworx’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Clubworx to delete, edit, or disable the material in question, you must provide Clubworx with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Clubworx to locate the material; (d) information reasonably sufficient to permit Clubworx to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Clubworx’s agent for copyright issues relating to the Application at the following:
Clubworx Pty Ltd
Attn: Office of Privacy
Or call: (801) 326-4961
If you believe that any User Content that you submitted to the Application and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to Clubworx’s agent for copyright issues: (a) your physical or electronic signature; (b) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Queensland, Australia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Clubworx’s agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Clubworx’s sole discretion.
14. Term and Termination
These Terms shall remain in full force and effect for so long as it is posted on our Application. You may terminate your membership for the service at any time, for any reason, by contacting Clubworx by email at: [email protected] Clubworx cannot provide partial refunds for memberships that are terminated in the middle of the billing period. Clubworx reserves the right to terminate your account(s) or your access to our Application and the Service immediately, with or without notice to you, and without liability to you, if Clubworx believes that you have breached any of the terms and conditions of these Terms, furnished Clubworx with false or misleading information, or interfered with use of the Application or the Service by others. The termination of these Terms or your use of the Service will not relieve either party of representations, warranties or obligations that are intended to survive or to be performed after, the termination or expiration of these Terms or the Service. Without limiting the generality of the foregoing, Sections 4, 5, 7, 8, 9, and 12 -25, along with your payment obligations, will survive termination of these Terms or termination of your use of the Service. Upon termination, your data will no longer be accessible. Prior to termination, you may export your information, excluding payment account information which is encrypted and protected by Payment Card Industry rules.
15. Disclaimer of Warranties
You expressly understand and agree that: your use of the application and the service is at your sole risk. the application and the service are provided on an “as is” and “as available” basis. clubworx and its subsidiaries, affiliates, successors, assigns, officers, employees, agents, partners and licensors (collectively, the “clubworx parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement, with respect to the service, the application, and any third party applications with which they are linked.
The Clubworx Parties are not responsible for any health problems that may result from training programs, exercises, drills (alone or with a partner), products, or events you learn about on the service, or any action or inaction on your part as a result of information you have obtained from the Service. If you engage in any exercise or martial arts program you receive through the Service, you agree that you do so voluntarily at your own risk, and agree to release and discharge the Clubworx Parties from any and all claims or causes of action, known or unknown, arising out of your use of the exercise program.
The clubworx parties make no warranty (i) that the application or the service will meet your requirements; (ii) that the application or service will be uninterrupted, timely, secure, errorâfree, or free of any harmful components (including viruses); (iii) regarding any results you may obtain from the use of the application or service; and (iv) that the quality of any content, products, services, information or other material purchased or obtained by you through the application or service will meet your expectations. The clubworx parties do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. Any material downloaded, uploaded or otherwise obtained through the use of our application or the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or upload of any such material.
16. Limitation on Liability
To the fullest extent permitted by applicable laws, in no event will the clubworx parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the service, the application or any application with which they are linked, even if any of the clubworx parties have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the clubworx parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to clubworx parties for the services.
17. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
You agree to indemnify, defend, and hold harmless the Clubworx Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms and conditions of these Terms, or your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity. Clubworx will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
19. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Application, to obtain certain premium Content through our Application, or for other reasons. These Additional Terms will be posted on the relevant portions of our Application or on the portions of our Application that describe the specific promotions, Content, or activities. These Additional Terms are part of these Terms, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
20. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of our Application (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Application. You are free to download your User Content at any time to provide backup.
21. Independent Contractors
No joint venture, partnership, employment, or agency relationship exists between you and Clubworx as a result of these Terms or use of the Application or the Service.
22. Entire Agreement
23. Choice of Law and Forum
These Terms and the relationship between you and Clubworx shall be governed by the laws of the State of Queensland, without regard to its conflict of law provisions. You and Clubworx agree to submit to the personal and exclusive jurisdiction of the courts located within Queensland ,Australia.
24. Waiver and Severability of Terms
The failure of Clubworx to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
25. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Storage of Data
User logs will be kept for a minimum of five years (e.g. attendance data). Automatic system logs will be kept for six months (e.g. when a user logs in). Email logs will be stored for four weeks. Data beyond these time periods may be permanently purged.
If you have any questions regarding these Terms, please contact us by email at [email protected], by phone at (801) 326-4961.