Terms & Conditions

The following terms and conditions (this 'TOS') govern the use of the clubs website and all domains, webpages, sub domains and subparts therein contained (the 'WEBSITE'). All services available through the WEBSITE are provided by Photohaus Pty Ltd, trading as Clubs. ("Clubs").

The WEBSITE and all services (collectively, the 'SERVICES') are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that be published from time to time on the WEBSITE by by Clubs (collectively, 'THE AGREEMENT').

By using or accessing any part of the WEBSITE you agree to become bound by all of the TOS of this agreement. If you do not agree to all of the TOS contained in this agreement then you may not access the WEBSITE or use any of its SERVICES.

Clubs provides a cloud based membership management solution. Payments are transacted through Paddle.

1. Modification of These Terms

Clubs reserves the right, at its sole discretion, to modify or replace any part of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of or access to the WEBSITE following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, you must cease accessing the WEBSITE and its SERVICES.

2. Conduct

2.1 Your use of the SERVICES

Clubs hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the SERVICES solely for the purposes of managing your business, in each case in compliance with the TOS.

You must not:

- Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure of all or any part of the SERVICES. Remove or alter any proprietary notices or labels on or in the SERVICES or WEBSITE content.

- Engage in any activity that interferes or disrupts with the SERVICES or engage in any fraudulent activity or activity that facilitates fraud.

2.2 Your Registration Obligations

By registering an account on the WEBSITE you agree to:

Provide true, accurate, current and complete information about yourself as prompted by the WEBSITE registration form (the 'REGISTRATION DATA') and maintain and promptly update the REGISTRATION DATA to keep it true, accurate, current and complete.

2.3 Your Account Security

By registering an account on the WEBSITE, you are fully responsible for maintaining the security and confidentiality of your account. You are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users with access your account. You agree to immediately notify Clubs of any unauthorized access to your account. Clubs will not be liable for any loss, damage or other liability arising from your failure to comply with this section of the TOS or from any unauthorized access to or use of your account.

3. Content

3.1 Your Content

As part of using our membership management services, you may upload membership data, user information, and other content ('CONTENT') to the WEBSITE. You retain all rights to your CONTENT, and Clubs will only use your CONTENT to provide and improve the SERVICES.

You are entirely responsible for your CONTENT and any harm resulting from your CONTENT. By making your CONTENT available through the SERVICES, you agree not to:

- Upload or process any CONTENT that contains personal data in violation of applicable data protection laws

- Use the SERVICES to collect or process personal data without proper consent or legal basis

- Upload, post, or transmit any CONTENT that is unlawful, harmful, or violates any third-party rights

3.2 Third Party Content

Clubs has not reviewed and cannot review material included on third party websites which is made available through the websites and webpages to which Clubs links to. Clubs does not have any control over material made available on websites other than the WEBSITE.

3.3 Personal Data

Clubs processes personal data in accordance with applicable data protection laws, including:

For South African customers: The Protection of Personal Information Act (POPIA)
For EU customers: The General Data Protection Regulation (GDPR)
For California customers: The California Consumer Privacy Act (CCPA)

You are responsible for ensuring that your use of the SERVICES complies with all applicable data protection laws. This includes obtaining necessary consents, providing required notices, and implementing appropriate security measures for the personal data you process through the SERVICES.

Clubs will process personal data only as necessary to provide the SERVICES and in accordance with our Privacy Policy. We implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

4. Payment, taxes and refunds

All payments for our subscription services are processed in USD. Clubs will charge your chosen payment method (such as your credit card, debit card, or PayPal account) for the subscription fees, including any applicable taxes according to the tax jurisdiction of your location. Subscription fees are recurring and will be charged according to your selected billing cycle (monthly or annually).

You agree to receipt of all invoices and receipts in an electronic format. When providing payment information, you must ensure that it is up-to-date and accurate. Clubs reserves the right to prevent access to the SERVICES if we're unable to obtain payment authorization from the issuer of your payment card.

4.1 Consumer Right to Cancel

If you are a Consumer and unless the below exception applies, you have the right to cancel this Agreement and return the Product within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after completion of the Transaction. To meet the cancellation deadline, it is sufficient that you send us your communication concerning your exercise of the cancellation right before the expiration of the 14 day period.

To cancel your order, you must inform Clubs of your decision. To ensure immediate processing, please do so by contacting us here. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.

You also have the right to inform us using the model cancellation form below or by making any other clear, unambiguous statement through our available communication channels. If you use our “Contact” form online, we will communicate acknowledgment of receipt of your cancellation request to you without delay.

To Clubs, User Support Team

I hereby give notice that I cancel my contract of sale of the following Products:

Ordered on

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

4.2 Effect of Cancellation

If you cancel this Agreement as permitted above, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.

We will make the reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the reimbursement.

Exception to the Right to Cancel

Your right as a Consumer to cancel your order does not apply to the supply of Digital Content that you have started to download, stream or otherwise acquire and to Products which you have had the benefit of.

4.3 Refunds

Refunds for subscription services are provided at the sole discretion of Clubs and on a case-by-case basis. For monthly subscriptions, refunds may be provided for the unused portion of the current billing period. For annual subscriptions, refunds may be provided on a prorated basis for the unused portion of the subscription term.

Refunds will be refused if we find evidence of fraud, refund abuse, or other manipulative behavior. This does not affect your statutory rights as a consumer in relation to services that are not as described, faulty, or not fit for purpose.

To request a refund, please contact our support team through the contact form. Refund requests must be submitted within 30 days of the charge date. Approved refunds will be processed to the original payment method within 5-10 business days.

5. Termination

Clubs, in its sole discretion, may terminate access to your account or any part of the SERVICES with or without cause and with or without notice, effective immediately. If you wish to terminate this AGREEMENT, you should cancel your subscription through your account settings.

Upon termination:

Your access to the SERVICES will be immediately revoked
All your data will be permanently deleted from our systems
Any sub-users associated with your account will lose access
You will not be entitled to any refund of prepaid fees

We recommend exporting your data before terminating your account, as this process cannot be undone. All provisions of this TOS that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Service Modifications

Clubs reserves the right at any time to, and from time to time may modify, suspend or discontinue, temporarily or permanently, the SERVICES or any part thereof the SERVICES for any reason or for no reason with or without notice. You agree that Clubs shall not be liable to you or to any third party for any modification, suspension or discontinuation of the SERVICES.

7. Intellectual Property

This AGREEMENT does not transfer from Clubs to you any Clubs or any third party intellectual property and all rights and such property will remain solely with Clubs.

8. Trademarks

Clubs are registered trademarks of Clubs. Other trademarks, service marks, graphics and logos used in connection with the WEBSITE may be the trademarks of third parties. Your use of the WEBSITE grants you no right or license to reproduce or otherwise use any Clubs or third-party trademarks.

9. Disclaimer Of Warranties

All SERVICES are provided 'AS IS'. Clubs hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Clubs makes any warranty that the WEBSITE or SERVICES will be error-free or that access to the SERVICES will be continuous or uninterrupted. You obtain content or services through, the WEBSITE at your own discretion and risk.

10. Limitation of Liability

Clubs and its suppliers or licensors shall not be liable with respect to any subject matter of this AGREEMENT under any circumstances, contract, negligence strict liability or other legal theory for:

- Any special, indirect, incidental or consequential, punitive or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.

- The cost of procurement for substitute products or services for the interruption or discontinuance of use or loss of or corruption of data for any amounts.

- Any matters beyond Clubs reasonable control.

- Your content or any content of any other users of the SERVICES.

11. Indemnity

You agree to defend, indemnify and hold Clubs and its affiliates, suppliers, contractors and licensors and their respective directors, officers, employees and agents and other partners from and against all claims and expenses, including attorneys' fees, accounting fees arising out of your use of the WEBSITE, including but not limited to your violation of this AGREEMENT.

Clubs reserves the right to modify these terms at any time. Changes will be made available on this page.