iOS/Android App and Administrative Web Interface
Last Updated: 01 September, 2015
Please read these Terms of Service ("Terms", "Terms and Conditions", "TOS") carefully before using the Clubify app or administrative web interface (the "Service") operated by Aidan Quilligan, trading as Clubify ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to these Terms. In that case, the terms “you” or “your” shall also refer to such entity, its Members, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with these Terms, you may not use the Service. You acknowledge that these Terms are a contract between you and Clubify, even though it is electronic and is not physically signed by you and Cubify, and it governs your use of the Service.
The “Service(s)” means Clubify's iOS and Android mobile applications and related systems and technologies, as well as the website https://clubifyapp.com (the “Site”), and all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available by or on behalf of Clubify through any of the foregoing. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to these Terms. Clubify reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Clubify.
You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Clubify in its sole discretion). See Section 6 for specific provisions outlining prohibited uses of the Service. Club Administrative Users shall be responsible for all actions by Editor Members who are given administrative access. You shall comply with any codes of conduct, policies, storage limitations, or other notices Clubify provides you or publishes in connection with the Service from time to time, but if any of those policies materially change the Terms, we will provide you with reasonable notice as provided in Section 10 below. You shall promptly notify Clubify if you learn of a security breach related to the Service.
Any software that may be made available by or on behalf of Clubify in connection with the Service, including Clubify's mobile applications, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these Terms, Clubify only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.
Clubify reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Clubify customers. For example, we might list your club on one of our webpages under lists of Clubify users/customers. We don’t want to list customers who don’t want to be listed, so you may send an email to email@example.com stating that you do not wish to be used as a reference.
In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you, your clubsubscribers and your club administrators, to make backups to prevent data loss, and so on. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
If any users send us any feedback or suggestions regarding the Service, you grant Clubify an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Services. We may choose to review Public Content (as defined below) for compliance with our policies and guidelines, but you acknowledge that Clubify has no obligation to monitor any information on the Services. However, Clubify may remove or disable any Public Content at any time for any reason or for no reason at all. For example, if you upload content in a news article that you do not have the right to publish, we can delete that article or content thereof. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Services. The Services provide features that allow you and your users to make public Your Data and other materials. Please consider carefully what you allow to be shared or made public.
To the extent you use features of the Service that are made available for a fee, you will be required to provide Clubify accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Clubify in accordance with these Terms, and you authorize Clubify to bill your payment instrument in advance on a periodic basis (where appropriate) in accordance with such terms.
(5.1) Purchase of items within the app: Where an item is purchased from your local club through the app you authorize Clubify to bill your payment instrument on behalf of your club in accordance with the specified terms of the product. Where a refund may be sought, please refer to our Refund Policy
(5.2) Payment by clubs: Where transactions are processed by the Service (i.e. weekly lotto entries/subscriptions) , on behalf of a club, we pay you for your transactions (minus our fees), at a schedule communicated to you once your service account is approved. The transfer will be directed to the designated Irish bank account of your choosing. It is the responsibility of the club's administrative user to notify Clubify of any changes to these account details. Clubs will be responsible for any additional fees incurred by Clubify in the processing of transactions on their behalf. This inclues but is not limited to card transaction fees, refunds and chargebacks.
You represent and warrant to Clubify that (i) you have full power and authority to enter into these Terms; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow Clubify to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and your other activities in connection with the Service, and Clubify's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
You also agree not to:
(6.1) upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(6.2) use the Service to harm minors in any way;
(6.3) impersonate any person or entity, including, but not limited to, a Clubify employee, Administrator, Owner, or other Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(6.4) manipulate identifiers in order to disguise the origin of any of Your Data;
(6.5) sublicense, resell, rent, lease, transfer or assign the Service or its use, or offer the Service on a time share basis to any third party;
(6.6) use the Service to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(6.7) use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
(6.8) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
(6.9) modify, adapt, or hack the Service, including by using any non-public Clubify APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
(6.10) intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service;
(6.11) use the Service to "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above;
You acknowledge that Clubify and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of Your Data that is available via the Service. For example, we may choose to review publically visible content (“Public Content”) for compliance with our policies and guidelines where we deem appropriate, including for violations of these Terms or in response to a user complaint. If, for instance, you upload content in a news article that you do not have the right to publish, we can delete that article or content thereof. Without limiting the foregoing, Clubify and its designees shall have the right to remove any of Your Data that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of Your Data, including any reliance on the accuracy, completeness, or usefulness of Your Data.
You acknowledge, consent and agree that Clubify may access, preserve and disclose your account information and Your Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any of Your Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Clubify, its users and the public.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but Clubify shall use reasonable efforts to provide advance notice of any material scheduled service disruption.
THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND CLUBIFY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT CLUBIFY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CLUBIFY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
These Terms shall be governed and construed in accordance with Irish law, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on our website (http://clubifyapp.com). What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org. Our registered trading address is Cloughoolia, Sixmilebridge, Co. Clare, Ireland.