--- title: Terms of Service — Clubware description: The terms that govern use of the Clubware platform by Clubs and Members. image: https://clubware.app/assets/og_image.webp --- # Terms of Service Effective: 14 July 2026 Operator: Clubware, a business operating in New Zealand ("Clubware", "we", "us", "our"). - Privacy: [clubware.app/privacy](https://clubware.app/privacy) - Contact: [contact@clubware.app](mailto:contact@clubware.app) --- ## The Short Version The plain-English gist, not legally binding; the full terms below are what apply. - **Clubware is the software; your club runs the show.** Refunds, pricing, and class questions go to your club, not us. Not sure who to ask? Contact us and we'll point you the right way. - **Payments run on Stripe.** Money goes through Stripe then to your club; Detailed club terms live in the signed Organisation Agreement. - **Be decent, keep your account secure.** No fraud, spam, or security abuse. Under 18 needs a parent or guardian on board. - We give 14 days' notice for changes, our liability (to clubs) is capped at recent Clubware platform fees, and NZ law applies. --- ## 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. --- ## Section A — For Clubs ### 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. --- ## Section B — For Members ### 4. Your Club Provides the Services 4.1 The Club you join or pay through provides your membership, classes, and related services. Direct all questions about classes, schedules, fees, billing frequency, pauses, and refunds to your Club. 4.2 If you have a dispute about charges, contact your Club first. Clubware cannot issue refunds or alter a Club's billing rules without the Club's instruction. ### 5. Your Use of the Platform 5.1 When you use a Clubware-hosted page or link (e.g., a Join Link or payment form), you agree to provide accurate information and keep your payment details up to date. 5.2 You must not attempt to circumvent security, submit false details, or use the Platform for unauthorized or fraudulent transactions. ### 6. Privacy and Messages 6.1 Your personal information is handled in accordance with our [Privacy Policy](https://clubware.app/privacy). 6.2 Messages and notifications sent through the Platform relate to your membership and transactions with your Club. --- ## Section C — General (Everyone) ### 7. Acceptable Use 7.1 You must not: - Use the Platform for illegal purposes or in violation of any law. - Interfere with, compromise, or disrupt the integrity or security of the Platform. - Reverse engineer, decompile, or copy the software underlying the Platform. - Transmit spam, malicious code, or unsolicited communications. ### 8. Intellectual Property 8.1 Clubware retains all rights, title, and interest in and to the Platform, its software, branding, and documentation. 8.2 Clubs retain ownership of their member data and branding. ### 9. Disclaimers and Changes 9.1 The Platform is provided on an "as is" and "as available" basis. While we strive for high availability, we do not warrant that operation will be uninterrupted or error-free. 9.2 We may update, modify, or discontinue features of the Platform with reasonable notice. ### 10. Liability 10.1 To the maximum extent permitted by New Zealand law, Clubware's aggregate liability to any Club is capped at the Platform Fees received by Clubware from that Club in the 3 months preceding the event giving rise to liability. 10.2 Clubware is not liable for indirect, incidental, special, or consequential damages, loss of profits, loss of data, or business interruption. ### 11. Suspension and Termination 11.1 We may suspend or terminate access for breach of these Terms, non-payment, fraud, or where required by law. 11.2 Termination arrangements for Clubs are governed by the Organisation Agreement. ### 12. Governing Law and Disputes 12.1 These Terms are governed by and construed in accordance with the laws of New Zealand. 12.2 The courts of New Zealand have exclusive jurisdiction over any dispute arising under or in connection with these Terms. ### 13. General 13.1 If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force. 13.2 Failure to enforce a right does not constitute a waiver of that right. ### 14. Contact Questions or notices regarding these Terms: [contact@clubware.app](mailto:contact@clubware.app) ```json { "@context": "https://schema.org", "@type": "Organization", "@id": "https://clubware.app/#organization", "name": "Clubware", "url": "https://clubware.app/", "email": "hello@clubware.app", "areaServed": { "@type": "Country", "name": "New Zealand" }, "logo": { "@type": "ImageObject", "url": "https://clubware.app/assets/clubware-logo.webp", "width": 768, "height": 768 } } ```