Terms of Service

1. About These Terms

1.1 These Terms govern access to and use of the Clubware platform, websites, and apps (the "Platform").

1.2 They apply to two groups:

• Clubs — organisations (and their staff) that use the Platform to manage members and collect payments.
• Members — people who interact with a Club through the Platform (e.g., join a Club, store a payment method, pay fees).

1.3 By creating an account, accessing, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1.4 We may update these Terms with at least 14 days' notice (posted on the Platform or emailed). Continued use after the effective date constitutes acceptance.

2. The Relationship

2.1 Clubware is a software platform provider. Each Club is the merchant of record for its Member payments and is responsible for its own services, pricing, policies, refunds, and legal compliance.

2.2 Agreements between a Club and its Members are between them alone. Clubware is not a party to Club–Member agreements and does not control Club policies, pricing, or service delivery.

3. Your Organisation Agreement

3.1 Each Club's use of the Platform is governed by its signed Clubware Organisation Agreement, including its Fee Schedule. Fees, service commitments, data processing, setup services, and termination are set out there — refer to your Organisation Agreement. If there is any conflict with these Terms, your Organisation Agreement prevails.

3.2 Platform fees, and all other fees and pass-through charges, are set out in your Fee Schedule.

3.3 Payments run on Stripe. Use of the Platform is conditional on your acceptance of the Stripe Services Agreement and the Stripe Connected Account Agreement, and on providing accurate verification (KYC) information. Clubware is not liable for actions taken by Stripe.

3.4 You must keep account information accurate, keep staff access secure (individual accounts, no credential sharing), hold a valid basis to bill and message your Members, and comply with all laws that apply to your business.

4. Your Club Provides the Services

4.1 Your Club (not Clubware) provides the classes, activities, schedules, pricing, policies, and customer service. Payments you make go to your Club's account. Refunds and cancellations are governed by your Club's policies and applicable law — contact your Club directly.

4.2 Clubware is not a party to your agreement with your Club and is not responsible for your Club's acts, omissions, policies, or pricing.

5. Your Use of the Platform

5.1 Provide accurate information and keep your account secure.

5.2 If you are under 18, a parent or legal guardian must consent to your use of the Platform and any agreement with your Club.

6. Privacy and Messages

6.1 Your Club is responsible for how it collects and uses your information. Clubware processes personal information to operate the Platform as described at clubware.app/privacy. Some requests (e.g., data corrections) may need to go to your Club.

6.2 Messaging from Clubs may be subject to the Unsolicited Electronic Messages Act 2007. Adjust your preferences with your Club or in the Platform where available.

7. Acceptable Use

7.1 You must not use the Platform for illegal activity, fraud, IP infringement, harassment, spam, malware, or security abuse; to circumvent security or access source code; or in any way that would cause Clubware or its service providers to violate law or their terms.

8. Intellectual Property

8.1 Clubware owns the Platform and all related IP. You receive a limited, revocable, non-exclusive, non-transferable right to use the Platform for its intended purpose. Clubs own their own content and data.

9. Disclaimers and Changes

9.1 Except as expressly stated in these Terms or a signed Organisation Agreement, the Platform is provided "as is" and "as available" without warranties of any kind.

9.2 The Platform depends on third-party services; Clubware is not responsible for their failures, changes, or limitations.

9.3 We may change, discontinue, or deprecate features at any time.

10. Liability

10.1 Nothing in these Terms limits rights that cannot lawfully be excluded. Where the Platform is acquired for business purposes, the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by law.

10.2 To the maximum extent permitted by law, Clubware is not liable for indirect or consequential loss. The Platform is provided to Clubs: Clubware has no liability to Members or Customers, whose recourse for any loss is to their Club. Clubware's total aggregate liability to a Club is capped at the net Clubware platform fees (excluding payment processing costs) retained by Clubware from that Club in the 30 days before the event giving rise to the claim.

11. Suspension and Termination

11.1 We may suspend or terminate access for breach of these Terms, risk, legal compliance, or platform integrity. Club termination rights and processes are set out in the Organisation Agreement.

12. Governing Law and Disputes

12.1 These Terms are governed by New Zealand law. The parties will first discuss disputes in good faith; unresolved disputes may be referred to mediation in Auckland (AMINZ rules), then to the New Zealand courts (venue: Auckland). Either party may seek urgent injunctive relief.

13. General

13.1 These Terms, the Privacy Policy, and (for Clubs) the Organisation Agreement and Fee Schedule form the entire agreement. If any provision is invalid, the remainder stands. Clubware may assign these Terms, including to a successor entity; you may not assign without consent. Notices may be given via the Platform or email; notices to Clubware: notice@clubware.app.

14. Contact

Questions about these Terms: contact@clubware.app