Terms of Service

ClubHelix ("we", "us", "our") is a website and club-management platform. These Terms of Service ("Terms") govern all use of ClubHelix, including the platform website, every organisation site hosted on the platform, and the admin tools.

By creating an account, accepting these Terms on screen, or continuing to use ClubHelix, you agree to be bound by them. If you accept on behalf of a club, association or other organisation, you confirm you are authorised to bind that organisation, and "you" includes it.

1. Definitions

• Platform — the ClubHelix software, websites, APIs and related services we operate.
• Organisation (or tenant) — a club, governing body or other group that holds a ClubHelix account and operates a site on the Platform.
• Administrator — a person an Organisation has authorised to manage its account.
• Member — a person whose details are recorded in an Organisation's roster, or who holds a ClubHelix account connected to an Organisation.
• Your Content — everything you, your Organisation, its Administrators or its Members put on the Platform: pages, news, text, images, logos, video, audio, documents, events, products, competition data, member records, emails and any other material.

2. Eligibility and accounts

You must provide accurate information when creating an account and keep it up to date. You are responsible for everything done under your account and for keeping your credentials secure, including any multi-factor authentication method you enrol. Tell us promptly at support@clubhelix.au if you suspect unauthorised access.

If you are under 18, you may only use the Platform with the consent of a parent or guardian, or through an Organisation that has obtained that consent.

We may decline any application to create an account or Organisation, at our discretion and without giving reasons.

3. Intended use of the Platform

The Platform is provided for one purpose: managing and promoting sports clubs, sporting associations and governing bodies, and similar community organisations, and their genuine activities — sites, news, memberships, teams, competitions, events, club shops and member communications.

Any other use is an unintended use and is not permitted without our prior written agreement. Unintended uses include (without limitation) using the Platform:

• as a general-purpose website host, landing-page builder or link-shortening service for activities unrelated to a community organisation;
• to operate a business, venture or cause that is not a community or sporting organisation (including adult-industry businesses, cryptocurrency or investment ventures, and lead-generation operations);
• as a file-storage, file-sharing or media-distribution service;
• as a bulk email or messaging service beyond communicating with your Organisation's own genuine members, supporters and customers;
• to run political campaigns or organised activism unconnected with the administration of a community organisation; or
• to resell, white-label or provide the Platform to third parties.

Use of the Platform outside its intended purpose is a material breach of these Terms and grounds for immediate suspension or termination under clause 13. Whether a use falls outside the intended purpose is a matter for our reasonable determination.

4. Organisations are responsible for their sites and content

Each Organisation site on the Platform is operated by that Organisation, not by us. The Organisation is solely responsible for:

• its content — its accuracy, legality and appropriateness, including that it does not infringe anyone's rights, defame anyone, or breach any law;
• its members' personal information — collecting it lawfully, having a basis to record it (including any consents required for minors), and handling requests about it;
• its own dealings with its members and customers — memberships, registrations, event tickets, shop orders, refunds, raffles and fundraising (including holding any permits or licences they require), codes of conduct and any additional terms the Organisation publishes;
• its compliance with laws that apply to it, including consumer, privacy, fundraising, gambling and lotteries, child-safety and incorporated-association requirements; and
• the conduct of its Administrators, whose actions on the Platform are taken to be the Organisation's actions.

We provide the software; we do not review, endorse or verify any content on Organisation sites, and we are not a party to any transaction or relationship between an Organisation and its members, customers or visitors. Any dispute about an Organisation's site, products, events or memberships must be resolved with that Organisation.

5. Intellectual property in Your Content

You are solely responsible for all intellectual property in everything you upload or publish. By submitting any of Your Content you warrant that:

• you own it, or hold all licences, permissions and consents needed to use it and to grant us the licence below — including for photographs, logos, artwork, video, music, fonts, text and material sourced from the internet;
• its use on the Platform does not and will not infringe any third party's copyright, trade mark, design, moral rights, image or publicity rights, confidentiality or other rights;
• where it includes images of identifiable people (including minors), you have any consents required to publish them; and
• you will keep evidence of these rights and consents and produce it to us on reasonable request.

You retain ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for example, resizing images or rendering markup), back up, transmit and display it as needed to operate, secure, support and improve the Platform, including after termination for as long as backups are retained in the ordinary course.

Infringement claims and takedown. If we receive a complaint alleging that any of Your Content infringes someone's rights, or we otherwise reasonably suspect infringement, we may remove or disable the content without prior notice and without liability to you, while the matter is resolved. We may terminate the accounts of repeat infringers. Rights holders may report alleged infringement to security@clubhelix.au with enough detail to identify the material and the right claimed.

Any claim, demand, loss or damage arising from Your Content — including intellectual-property claims — is your responsibility, and is covered by your indemnity in clause 17.

We may use aggregated, de-identified usage data for analytics and product improvement.

6. Acceptable use and prohibited content

You must not, and must not allow others to, use the Platform to create, upload, publish, sell, link to or transmit anything that:

• is illegal — including material that sexualises, exploits or endangers children; terrorist or violent-extremist material; incitement to violence or crime; threats; stalking; image-based abuse; or material in contempt of court or breaching a suppression order;
• facilitates illegal activity — including the sale or promotion of illicit drugs, weapons, stolen goods or counterfeit goods; fraud or scams; phishing; money laundering; or pyramid and Ponzi schemes;
• infringes rights — pirated or plagiarised material, or anything else that infringes intellectual property, privacy, confidentiality or contractual rights;
• is hateful or abusive — material that vilifies, harasses, bullies, doxxes or discriminates against any person or group, including on the basis of race, religion, sex, sexuality, gender identity, disability or age;
• is sexually explicit or gratuitously violent — pornography or other adult content, or graphic violence or gore;
• promotes harm — promotion of self-harm, suicide, eating disorders or dangerous activities presented for imitation;
• is deceptive — impersonation of any person or organisation, fake affiliations or endorsements, misinformation or disinformation likely to cause harm, or manipulated media presented as genuine;
• is unlicensed gambling — gambling, betting or lottery activity conducted without the licences or permits it requires; or
• is otherwise objectionable — material that we reasonably consider obscene, offensive, inflammatory or controversial in a way that risks harm to other users or to the reputation or operation of the Platform or other Organisations, or that is otherwise inappropriate for a community-sport platform. We may make that judgement at our sole discretion.

You must also not:

• send spam or unsolicited bulk messages, or use the email and notification tools other than to contact people who have a genuine connection with your Organisation;
• upload malware, attempt to gain unauthorised access to the Platform or other tenants' data, probe or scan the Platform other than through a responsible-disclosure report to security@clubhelix.au, interfere with its operation, or circumvent usage limits, billing or security controls;
• scrape, harvest or bulk-export other users' personal information, or use automated means to extract content at scale;
• misuse the Platform's AI-assisted features to generate prohibited content; or
• misrepresent your affiliation with any person or organisation.

7. Moderation and enforcement

• We have no obligation to monitor content on the Platform, and no review, approval or non-removal of content is an endorsement or a representation that it is lawful or accurate.
• We may, at our sole discretion and at any time, remove, edit the visibility of, or disable access to any content, suspend any feature for an account, or suspend any account or Organisation, where we consider — acting reasonably — that there is or may be a breach of these Terms, a legal risk, a security risk, or a risk of harm to any person, to other tenants or to the Platform's reputation or operation.
• Where practical we will give notice and an opportunity to fix the problem, but we may act immediately and without notice in serious cases, including while we investigate.
• To the maximum extent permitted by law, we are not liable to you or anyone else for removing or declining to remove content, or for suspending or restricting an account, in good faith under this clause.
• We may preserve and disclose content and account records where required or authorised by law, or to law enforcement where we reasonably believe it necessary.

8. Plans, fees and billing

• Paid plans are billed in advance on a recurring 28-day billing cycle (13 cycles per year), not calendar-monthly, unless a different period is shown at checkout.
• Fees are in Australian dollars and, unless stated otherwise, inclusive of GST where it applies.
• Prices, plan inclusions and limits may change; we will give at least one billing cycle's notice of price increases, and the change takes effect from your next cycle. If you don't agree, you may cancel before it takes effect.
• Promotional pricing applies only for the stated promotional period.
• If a payment fails we may retry it and may suspend or downgrade the Organisation after a reasonable period of non-payment.
• Free plans are provided at our discretion and may be limited, changed or withdrawn at any time.
• Except where required by law (including the Australian Consumer Law) or expressly stated in these Terms, fees are non-refundable and unused portions of a billing cycle are not credited.

9. Payments between Organisations and their members

Organisations may connect their own payment provider account (such as Stripe or Square) to accept registrations, ticket and shop payments. Those payments are made to the Organisation, under the payment provider's terms and the Organisation's own policies. We do not hold those funds, are not the merchant of record, and are not responsible for refunds, chargebacks, taxes or disputes relating to them. Payment surcharges or platform fees, where applied, are shown at checkout.

Organisations are responsible for the accuracy of their own payment configuration — including bank-account and payout details, connected provider accounts, prices, taxes and surcharges. We are not responsible for payments that are misdirected, delayed or miscalculated because details were entered incorrectly or left out of date.

10. Our intellectual property

The Platform — including its software, design, themes, templates, documentation and the ClubHelix name and branding — is owned by or licensed to ClubHelix and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use it as intended through its normal interfaces while these Terms apply. No other rights are granted. Feedback you give us may be used without restriction or obligation.

11. Third-party services

The Platform relies on third-party services (for example hosting, payments, email delivery and mapping — see our Sub-processors page), and Organisation sites may link to or embed third-party content. We are not responsible for third-party services, their availability, or their terms, and your use of them may be subject to separate agreements with those providers.

12. Availability, changes and data

• We aim to keep the Platform available and performant, but we do not promise that it will be uninterrupted, error-free, secure or always available, and we give no uptime guarantee or service level. We may suspend some or all of the Platform for maintenance, upgrades, security incidents, or events outside our reasonable control, and where practical we will schedule planned maintenance considerately.
• The Platform is not designed or warranted for emergency, safety-critical or time-critical communications. Email and push notifications depend on third-party networks and recipient settings and delivery is not guaranteed — do not rely on the Platform as the sole channel for urgent or important communications (for example, event cancellations affecting safety).
• We may add, change or remove features, and may modify or discontinue the Platform or any part of it. If we discontinue the Platform entirely, or remove a feature that is core to your paid plan, we will give reasonable notice (at least 30 days where practicable) and a window to export your data.
• Features identified as beta, preview or experimental are supplied for evaluation and may change, misbehave or be withdrawn at any time.
• We take routine backups for disaster recovery, but backups are not a guarantee against loss, and our responsibility for lost or corrupted data is limited to taking reasonable steps to restore from the most recent available backup. You are responsible for keeping your own copies of content and records you cannot afford to lose, using the export tools provided.

13. Suspension, termination and refusal of service

By you. You may cancel at any time from your account or admin settings; cancellation takes effect at the end of the current billing cycle.

By us, for cause. We may suspend or terminate an account or Organisation immediately and without prior notice if, in our reasonable opinion: it breaches these Terms (including clauses 3, 5 and 6); its content or conduct creates legal, security or reputational risk for us, other tenants or any person; it fails to pay; or we are required to act by law or by a third-party provider. No refund is payable on a for-cause termination, to the maximum extent permitted by law.

By us, for convenience. We may also terminate any account or Organisation at any time, for any reason or no reason, by giving at least 30 days' notice. If we do, we will refund the unused pro-rata portion of any prepaid fees. Free-plan accounts and Organisations may be terminated on reasonable notice, including for extended inactivity.

Refusal of service. We may refuse, at our discretion, to provide or to continue to provide the Platform to any person or organisation.

Effect. On termination the Organisation's sites stop being served and access rights end. For a reasonable period after termination (at least 30 days, except where we terminate for a serious breach or are legally prevented), we will make export of the Organisation's data available on request, after which we may delete it in line with our retention practices.

Clauses which by their nature should survive termination (including clauses 4, 5, 10 and 14–18) survive.

14. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded. To the extent permitted by section 64A of the ACL, our liability for a failure to comply with a consumer guarantee in relation to services is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

15. Disclaimer

Subject to clause 14, and to the maximum extent permitted by law:

• the Platform is provided "as is" and "as available", and we exclude all conditions, warranties and representations not expressly set out in these Terms, whether express or implied, including fitness for a particular purpose, merchantability, accuracy and non-infringement;
• we make no representation that the Platform will meet your requirements, operate without interruption or error, or be free of vulnerabilities, or that defects will be corrected;
• we are not responsible for any content on the Platform created by Organisations, Administrators, Members or visitors, nor for anything any of them does or fails to do — including the accuracy of rosters, fixtures, results, standings or any other records they maintain; and
• nothing on the Platform is professional advice of any kind.

16. Limitation of liability

Subject to clause 14, and to the maximum extent permitted by law:

• No indirect loss. We exclude all liability for indirect, incidental, special, punitive or consequential loss, and for loss of profits, revenue, goodwill, reputation, opportunity, data, use or anticipated savings, however caused (including negligence) and under any theory of liability — contract, tort, statute or otherwise — even if we were advised of the possibility.
• Excluded events. We are not liable for loss arising from: unavailability, suspension, maintenance or discontinuation of the Platform or any feature; termination or suspension of an account under these Terms; removal of, refusal to remove, or moderation of content; data loss or corruption beyond our backup-restoration responsibility in clause 12; failed, delayed or misdirected delivery of emails or notifications; unauthorised access to accounts or data; acts or omissions of any Organisation, Administrator, Member, visitor or other third party; third-party services; or events outside our reasonable control — except, in each case, to the extent the loss was directly caused by our failure to take reasonable care or our breach of these Terms.
• Your errors. We are not liable for loss arising from incorrect, incomplete or out-of-date information entered by you or your Organisation — including bank-account, payout or other payment details, prices, product, ticket or event details, and member or contact records — or from misconfiguration of your account or site, accidental deletion or unintended publication of content or data, or payments misdirected as a result of any of these.
• Your contribution. Our liability is reduced proportionately to the extent your acts or omissions (or those of anyone you are responsible for) caused or contributed to the loss.
• Cap. Our total aggregate liability to you and your Organisation for all claims arising out of or in connection with the Platform or these Terms — whether in contract, tort (including negligence), statute, equity or otherwise — is capped at the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, and (b) AUD $100. For accounts and Organisations on a free plan, the cap is AUD $100.
• Notice and opportunity to remedy. If you encounter a fault, error, outage, data problem or any other issue with the Platform, you must notify us immediately at support@clubhelix.au with enough detail for us to investigate, and give us a reasonable opportunity — not less than 90 days from your notice — to remedy it before taking any further step. You may not bring a claim in respect of an issue you have not first notified to us and allowed us that opportunity to remedy, and we are not liable for loss to the extent it could have been avoided or reduced by prompt notice, or to the extent it accrues while we are diligently working to remedy a notified issue.
• Claims window. Each claim must be brought within 12 months of when you became aware (or reasonably should have become aware) of the events giving rise to it.
• Who benefits. This clause is for the benefit of ClubHelix and its directors, officers, employees and contractors, each of whom may rely on it.

17. Indemnity

To the extent permitted by law, you (and, where you act for one, your Organisation) indemnify ClubHelix, its directors, officers, employees and contractors against any loss, damage, cost (including reasonable legal costs on a solicitor-client basis) or third-party claim arising out of: (a) Your Content, including any claim that it infringes intellectual-property, moral, privacy, publicity or other rights; (b) your or your Organisation's dealings with members, customers or visitors; (c) your breach of these Terms or of any law; (d) your use of the Platform outside its intended purpose; or (e) the acts or omissions of your Administrators — except to the extent caused by our negligence or breach of these Terms.

18. General

• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (including outages of third-party infrastructure, natural disasters, and government action), except payment obligations.
• Privacy. Personal information is handled in accordance with our Privacy Policy.
• Changes to these Terms. We may update these Terms from time to time. For material changes we will give notice (for example by email or an on-screen notice requiring re-acceptance) before they take effect. Continued use after the effective date is acceptance of the updated Terms.
• No waiver. A failure to enforce any right or clause is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them as part of a restructure, merger or sale of the business.
• Severability. If part of these Terms is unenforceable it is severed or read down to the minimum extent necessary, and the rest remains in force.
• Entire agreement. These Terms, together with the Privacy Policy and any plan or order details you accept, are the entire agreement between you and us about the Platform.
• Governing law. These Terms are governed by the laws of South Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

19. Contact

Questions about these Terms: support@clubhelix.au. Security, abuse or infringement reports: security@clubhelix.au.