Terms of Service - Websites & Payments

Terms of service - websites & payments subscription

Sports Club HQ – Website Payments Terms
By signing up for the Sports Club HQ Website Payments service (“Service”) or any of the services of Sports Club HQ (“Sports Club HQ”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Sports Club HQ under the Terms of Service include various products and services to help you create and manage an online store (“Online Services”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://www.sportsclubhq.com/terms-of-service---websites--payments.html. Sports Club HQ reserves the right to update and change the Terms of Service by posting updates and changes to the Sports Club HQ website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Sports Club HQ’s Privacy Policy before you may become a Sports Club HQ user.

A. Account Terms

You must be 18 years or older to use this Service.
To access and use the Services, you must subscribe to a Sports Club HQ account (“Account”) by providing required details on this page: http://www.sportsclubhq.com/sign-up-now.html. Sports Club HQ may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Sports Club HQ will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Sports Club HQ cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Sports Club HQ Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Sports Club HQ will result in an immediate termination of your services.

B. Account Details

Subject to section B.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of a Sports Club, (or your employer), the Sports Club shall be the Account Owner. If you are signing up for the Service on behalf of your Sports Club, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, your organisation is required to provide a relevant PayPal registered email address.
You acknowledge that PayPal Checkout will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain this account. If you do not wish to keep the payment account active, it is your responsibility to deactivate it.

C. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Sports Club HQ.

Technical support is provided via your dedicated Account Manager who is available via phone and email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of Queensland, Australia.
You acknowledge and agree that Sports Club HQ may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Sports Club HQ’s website, available at http://www.sportsclubhq.com/terms-of-service---websites--payments.html and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Sports Club HQ’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Sports Club HQ service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Queensland, Australia
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sports Club HQ.
Questions about the Terms of Service should be sent to [email protected].
You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Service, including information transmitted to or stored by Sports Club HQ, is governed by its privacy policy at http://www.sportsclubhq.com/privacy-policy.html

D. Sports Club HQ Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Sports Club HQ customer, Sports Club HQ employee, member, or officer will result in immediate Account termination.
Sports Club HQ does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Sports Club HQ employees and contractors may also be Sports Club HQ customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Sports Club HQ retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Sports Club HQ reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

E. Limitation of Liability

You expressly understand and agree that Sports Club HQ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Sports Club HQ or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Sports Club HQ partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Sports Club HQ does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Sports Club HQ does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Sports Club HQ does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

F. Waiver and Complete Agreement
The failure of Sports Club HQ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sports Club HQ and govern your use of the Service, superseding any prior agreements between you and Sports Club HQ (including, but not limited to, any prior versions of the Terms of Service).

G. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the Sports Club HQ service. All material you upload remains yours. You can remove your Sports Club HQ store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Sports Club HQ to display and store your Store Content; and (c) that Sports Club HQ can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to a Sports Club HQ store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Sports Club HQ shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

H. Payment of Fees

A valid bank account or credit card is required for the Account Owner.
You agree to the monthly subscription fee and related PayPal and Sports Club HQ transaction fees. All subscription fees are billed per calendar month, in advance
PayPal’s Transaction fees are taken at the point of the transaction. PayPal’s fees and terms and conditions are exclusive of Sports Club HQ management or influence, it is the responsibility of the Account Owner to be familiar with, and manage ongoing all items required for PayPal. Their fees can be found here: https://www.paypal.com/au/webapps/mpp/paypal-seller-fees.
Sports Club HQ’s transaction fees are $0.90 (ex GST) per transaction. This is calculated and billed quarterly.
All fees are exclusive of Goods and Services Tax (GST) and any other applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
Sports Club HQ does not provide refunds.

I. Cancellation and Termination

You may cancel your Account at anytime by emailing [email protected] and then following the specific instructions indicated to you in Sports Club HQ's response.
Upon termination of the Services by either party for any reason:

> Sports Club HQ will cease providing you with the Services and you will no longer be able to access your Account;
> unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
> any outstanding balance owed to Sports Club HQ for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
> your store website will be taken offline.
3. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
4. We reserve the right to modify or terminate the Sports Club HQ Service or your Account for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, Sports Club HQ may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

J. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from Sports Club HQ. Such notice may be provided at any time by posting the changes to the Sports Club HQ Site (SportsClubHQ.com) or via email to the Club Administrator email address.
Sports Club HQ reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Sports Club HQ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

K. Third Party Services

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Sports Club HQ’s partners or other third parties.
Sports Club HQ may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Sports Club HQ App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Sports Club HQ’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Sports Club HQ has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Sports Club HQ’s websites, including the Sports Club HQ App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Sports Club HQ. Sports Club HQ strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Sports Club HQ is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
Under no circumstances shall Sports Club HQ be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, which result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Sports Club HQ has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

Top