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Micro Sites |  ClubPay Services |  About Us |  Terms & Conditions |  Unabridged Version


We try at all times to be as friendly and as customer focused as we possibly can - we want to work with you as partners, not policemen - but it is vitally important that all parties clearly understand their responsibilities and are aware of the risks.

Such risks, although by the very nature of our services are small, are nonetheless present, so you need to understand the measures that are in place to protect ourselves and more importantly, to protect you - our customers.

This is the full, unexpurgated version of our Terms & Conditions. We would recommend that you take the time to read these in full. We ask you to agree these Terms & Conditions again each time you make a purchase from or through ClubPay. A summarised, 'user friendly' version of these Terms & Conditions is also available for guidance purposes only.

Please note that these Terms & Conditions apply to both Subscribing Organisations and their Customers. Not all aspects of all provisions and policies are necessarily applicable to all users of ClubPay and where there are elements that apply to one group of users but not another, we have tried to make this clear.

For the avoidance of doubt we recommend that all users read all sections.

Definitions, Roles & Responsibilities

Definitions:

ClubPay
A commercial organisation offering easy eCommerce facilities to clubs, schools and other small, predominantly amateur and/or not-for-profit organisations

Subscribing Organisation
An organisation, likely to be a Club, School, Society, or other small, amateur, not-for-profit group, wishing to take advantage of the eCommerce facilities offered by ClubPay

Customer
A person, likely to be a member or prospective member of, or be otherwise associated with, a Subscribing Organisation and wishing to purchase goods or services offered for sale by the Subscribing Organisation through the eCommerce facilities offered by ClubPay

Roles & Responsibilities:

ClubPay
The role of ClubPay is as follows:
  • Building and maintaining an eCommerce Micro-Site through which the Subscribing Organisation can promote and sell its products & services

  • Accurately and faithfully reproducing information provided by the Subscribing Organisation around the organisation and its products & services
  • Providing an online payment facility to Customers of the Subscribing Organisation through which they can buy goods and services and pay by one of a range of major credit and debit cards
  • ClubPay has responsibility for the following:
  • Building and maintaining the Micro-Site on behalf of the Subscribing Organisation
  • Providing card payment facilities through which Customers of the Subscribing Organisation can purchase goods and services
  • Providing monthly summaries of transactions on the Micro-Site
  • Producing invoices detailing ClubPay's fees and charges
  • Disbursing net income to the Subscribing Organisations nominated account in accordance with our published Terms & Conditions
  • Providing any other management information as may reasonably be required (and agreed), e.g. contact lists, marketing lists, etc
  • Maintaining confidentiality and integrity of data received through Micro-Sites, including adherence to the Data Protection Act
  • Correcting errors in the payment process; that is to say, errors that arise through technical or administrative failure within the ClubPay site. (This would not include pricing or other errors originating from the Subscribing Organisation)
Subscribing organisation
The role of the Subscribing Organisation is as follows:
  • Offers memberships and other products for sale
  • Owns and maintains the sales relationship with the Customer
  • The Subscribing Organisation has responsibility for:
  • Stock control
  • Order fulfilment
  • Returns & Refunds (to be managed in direct liaison with the Customer. Refunds to the Customer's card will not normally be available through ClubPay)
  • Has responsibility for keeping the details on their Micro-Site accurate and up to date
  • Ensuring that a point of contact within the Subscribing Organisation is clearly identified (and kept up to date) within the Micro-Site
  • Ensuring that this point of contact (or nominee) deals with all Customer Service issues on behalf of the Subscribing Organisation
Customer
The role of the Customer is as follows:
  • Owns the purchasing relationship with the Subscribing Organisation
  • The Customer has responsibility for:
  • Providing accurate cardholder data as part of the purchasing process
  • Providing factually accurate and up to date information as part of the data capture process

ClubPay's Relationship with You

Relationship:

Subscribing Organisations
ClubPay's main business is the creation and hosting of eCommerce 'Micro-Sites' through which a number of membership and other ad hoc products can be presented for sale to Customers of Subscribing Organisations via the Internet.

Payment for these products and services by Customers of the Subscribing Organisation can be made via a range of credit and debit cards.

We offer subscription packages for sale to Subscribing Organisations; these packages determine the nature and scope of the resulting eCommerce Micro-Site and are subject to initial set up fees and ongoing operational fees, as set out in the ClubPay product pages and described in detail at various places in the ClubPay website. Further optional fees may be incurred if the Subscribing Organisation wishes to make changes to their Micro-Site outside of the free annual refresh process.

Customers
Customers of the Subscribing Organisation and other interested parties are free to visit a Subscribing Organisation's Micro-Site to browse the products and services that the Subscribing Organisation has offered for sale.

For the convenience of Customers, ClubPay offers online payment facilities for these products and services through which Customers can pay by selected credit and debit cards. There is no direct charge by ClubPay to Customers for using this service.

ClubPay makes reasonable checks so as to prevent fraudulent activity, but we do not have control of, nor do we assume the liability or legality for the products and services that are paid for through our Service. We do not guarantee the identity of any Subscribing Organisation or ensure that the Subscribing organisation will complete a transaction.

It is important that you are aware that there are risks of dealing with persons or people acting under false pretence. ClubPay believes these risks to be small, but if in any doubt, you are advised to verify the details presented in the Micro-Site with an officer of the Subscribing Organisation before making a transaction. ClubPay ask that all Subscribing Organisations offer clear instructions on alternative payment methods for Customers who do not wish to use our Service.

Eligibility:

Subscribing Organisations
To be eligible for ClubPay's services, Subscribing Organisations must have an official, legally recognised organisational status and must be based in the United Kingdom. Subscription applicants must be at least 18 years old.

Customers
Customers making purchases through ClubPay Micro-Sites must be at least 18 years old and hold a credit or debit card that is on our list of accepted cards. Youth Memberships must be purchased by an adult meeting the criteria set out above.

Privacy Policy

Our Privacy Policy governs your ClubPay Subscription and any information provided by Customers and Subscribing Organisations through the ClubPay website.

Overview:
In order to operate the ClubPay service and to reduce the risk of fraud, ClubPay ask Subscribing Organisations to provide independently verifiable information about the organisation and their bank account, and Customers to provide us with credit or debit card details and personal details sufficient to allow card validation and approval for payment.

By consenting to, and agreeing these Terms & Conditions, you also expressly consent and agree to us processing your data in the manner set out in this Privacy Policy. ClubPay takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. It is important for you to review this Privacy Policy as it applies to all services that are hosted on the ClubPay website. If you disagree with the terms of this Privacy Policy, please do not use the ClubPay service.

We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, in order for us to offer our services to our users; to enhance the quality of its service from time to time; and to protect the interests of our users, we will in limited circumstances and as further described in more detail throughout this policy, share some of your information with third parties under strict restrictions.

Links to External Websites:
Some pages on the ClubPay website include links to external, third party websites. These sites are governed by their own privacy statements, and ClubPay is not responsible for their operations. Users submitting information to or through these third party websites should review the privacy statement of these sites before providing them with personally identifiable information.

Required Information:

Subscribing Organisations
To start a ClubPay subscription and set up a Micro-Site, Subscribing Organisations are required to provide the following information:
  • Name of Organisation
  • Nature of Primary Activity e.g. sport, school, pastime/hobby, social
  • Legal Status e.g. Limited Company, Charity, etc
  • Address of Organisation
  • Primary Contact Name
  • Primary Contact Address
  • Primary Contact Email
  • Primary Contact Telephone
  • Bankers
  • Name & Contact Details of a Bank Referee
  • Club Website Address
In order to protect all of our customers against potential fraud we require Subscribing Organisations to provide contact details for a person representing the organisation's bankers and who can act as a referee. We will take up references and make other checks as required, prior to authorising a subscription. If a subscription is declined as a result of these checks, the set up fees will be reimbursed to the organisation, net of card processing and refund charges.

Customers
In order to make a purchase through a ClubPay Micro-Site, the Customer must provide the following information:
  • Name
  • Address (Billing address of the card used to make payment)
  • Postcode
  • Credit or Debit Card Information (sufficient to validate the card and process the transaction)
  • Email address
Customers purchasing memberships from Subscribing Organisations should be aware that they may be asked to supply membership-related data, as required by Subscribing Organisations in order to comply with legislation in respect of health & safety, child protection, National Governing Body Accreditation Schemes and other reasonable organisation-specific requirements. This may include the disclosure of criminal convictions as required by law and/or information relating to minors.

Our Use of "Cookies":
"Cookies" are small files of data that reside on your computer. They allow us to recognise you as a ClubPay customer if you return to the ClubPay site using the same computer and browser, and if you ticked 'Remember me on this computer' on the Checkout pages. You are free to decline our cookies either through your browser or by deselecting 'Remember me on this computer' on the Checkout pages.

Customer Service Correspondence:
If you send us correspondence, including emails and faxes, we retain such information on file. We will also retain customer service correspondence and other correspondence from ClubPay to you. We retain these records in order to keep records of our relationship, to measure and improve our customer service, and to investigate potential fraud and violations of our Terms & Conditions. We may, over time, delete these records as permitted by law.

Our Use and Disclosure of Information:

ClubPay
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:
  • Provide the services and customer support you request
  • Collect fees, resolve disputes, and troubleshoot problems
  • Prevent potentially prohibited or illegal activities, and enforce our Terms & Conditions
  • Customise, measure, and improve our services and the content and layout of our website
  • Tell you about targeted marketing, service updates, and promotional offers based on your communication preferences
  • Compare information for accuracy, and verify it with third parties
Customers & Subscribing Organisations
Your card details are not stored by ClubPay. The personal and financial information that we do store will NEVER be revealed to anyone, except with your express permission or if we are compelled to do by law.

If you are buying goods or services and pay through ClubPay, we may provide the Subscribing Organisation with personal information as required to complete your transaction with them. The Subscribing Organisation is permitted to use this information to market their services to you but you are free to opt out of all such communications. Opt out notifications for such communications should be directed to the Subscribing Organisation.

Third Parties
ClubPay will not sell or rent any of your personally identifiable information to third parties, and will only disclose this information in the limited circumstances and for the purposes described in this policy.

Specifically, you consent to and direct ClubPay to do any and all of the following:
  • Disclose information including, without limitation, transaction, personal details and the contents of communications to the police, security forces, competent governmental, intergovernmental or supranational bodies, competent agencies (other than tax related authorities), departments or regulatory, self-regulatory authorities or organisations, or other third parties that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity or potential illegal activity, or to conduct investigations of violations of our Terms & Conditions. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity's contact information (but not bank account or credit card information without a court order) to victims who request it.
  • Disclose information in response to requirements of civil or criminal legal process.
  • Disclose information to our Merchant Services Provider Streamline and to our Payment Services Provider Protx in order to allow us to provide our service to you. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information was shared.
Our Contacts with Subscribing Organisations and Customers:
We will communicate with users of the website on a regular basis via email to provide our services, and we may also communicate by telephone to resolve customer complaints, respond to requests for customer service, inform you if we believe your Micro-Site or any of your transactions have been used for an illegitimate purpose, conduct customer surveys or investigate suspicious transactions.

Subscribing Organisations
We use your email address to confirm your setting up a ClubPay subscription, to send you confirmation of payments made through ClubPay, to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.

Contact With Customers
We may use your email address to send various types of communications including newsletters, customer surveys and notice of special promotions. You can choose to opt out of these communications at any time by sending an email to admin@clubpay.co.uk. Please note that it may take up to 48 hours to action requests.

Disbursement Policy

Whilst it is ClubPay's clearly stated policy that all disputes should be resolved between Subscribing Organisations and Customers, there is still a risk that we could become involved in dispute resolution.

To minimise this risk we retain all funds within our accounts for a minimum period of 30 days. Our normal disbursement cycle takes place monthly, on the first of each month. We will disburse all funds relating to orders that were placed at least 30 days previously. Funds normally take four working days to reach your account.

Disputes Policy

We do not sell directly to customers. All disputes must therefore be resolved between Customers and Subscribing Organisations.

Dispute Resolution:

Subscribing Organisations
Subscribing Organisations are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liabilities incurred by ClubPay, a Customer, or a third party caused by your use of the Services and/or arising out of your breach of this Agreement. You agree to reimburse ClubPay, a Customer, or a third party for any and all such liability.

If there is a Reversal, or if you lose a Chargeback or Claim and ClubPay is required to reimburse the Customer on your behalf, you will owe ClubPay an amount equal to the Reversal, Chargeback or Claim, plus any costs incurred by ClubPay. ClubPay will deduct any funds owed from payments received through your Micro-Site. If there are insufficient payments to cover your liability you agree to reimburse ClubPay through other means. ClubPay may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

Customers
If you buy an item using ClubPay and either do not receive the item or receive an item that you believe is Significantly Not as Described by the seller, you must address the matter with the Subscribing Organisation from whom you purchased the item.

If your dialogue with the Subscribing Organisation fails to produce a satisfactory result, you can then escalate the dispute to ClubPay. It is not our policy to become embroiled in disputes and we will normally simply refund any payments made, deducting any associated costs from Customer or Subscribing Organisation as we deem appropriate. Our decision in such cases is final.

Where a Customer or Subscribing Organisation becomes regularly involved in disputes, we reserve the right to withdraw our services, as set out in these Terms & Conditions.

ClubPay
If a dispute arises with ClubPay, we will investigate and endeavour to address your concerns. Disputes between Subscribing Organisations and ClubPay and/or Customers and ClubPay regarding our Services should be reported, in writing, by sending an email to admin@clubpay.co.uk.

Chargebacks Process:
In the event of a Chargeback, we will place a temporary hold on the disputed funds and we will determine whether we should dispute the Chargeback with the credit card company or buyer's card issuing bank (as appropriate). If we dispute the Chargeback, we will maintain a temporary hold on the disputed funds until the credit card company or the buyer's card issuing bank (as the case may be) makes a decision. The credit card company or the buyer's card issuing bank, (and not ClubPay), will determine who wins the Chargeback.

Errors and/or Unauthorised Transactions:
Please notify us immediately by sending an email to admin@clubpay.co.uk if you believe there has been or will be an error or unauthorised transaction. We will then launch an investigation into the matter.

Review of Reports of Errors and/or Unauthorised Transactions:
We will advise you of the results of our investigation within 20 Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 90 Days to investigate your complaint or question.

At the end of our investigation, we will advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Errors by ClubPay or Our Payment Providers:
If we discover a processing error, we will rectify the error.

Subscribing Organisations
If the error resulted in your receiving less money than you were entitled to, ClubPay will credit your Bank Account for the difference. We reserve the right to approach your Customer to make good the shortfall if they were undercharged.

Customers
If the error results in you being charged more than you should have been, ClubPay will refund the extra charge to the card with which you made the payment. If you were undercharged, we reserve the right to ask you to make an additional payment to make good the shortfall.

Restricted Activities & Termination of Subscriptions

In connection with your use of our website, your Account, or the Services, or in the course of your interactions with ClubPay, a Customer or a third party, you will not:
  • Breach these Terms & Conditions or any other agreement that you have entered into with ClubPay (including a Policy)
  • Breach any law, statute, contract, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)
  • Infringe ClubPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
  • Act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing
  • Provide false, inaccurate or misleading Information
  • Send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us
  • Attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both ClubPay and the seller, bank, or credit card company for the same transaction
  • Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to ClubPay, a Customer, a third party or you
  • Receipt by ClubPay of excessive complaints regarding your subscription or associated products offered for sale
  • Use your Account or the Services in a manner that ClubPay, Visa, MasterCard, or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank's reversal process, credit card system or a violation of credit card association rules
  • Undertake activity that presents a credit or fraud risk to us
  • Disclose or distribute a Customer or Subscribing Organisation's Information to a third party, or use the Information for marketing purposes unless you receive their express consent to do so
  • Send unsolicited email to a Customer or Subscribing Organisation
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
  • Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information
  • Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the Web Site(s) without our or any applicable third party's written consent
  • Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers
  • Use the Service to test credit card behaviours
  • Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the provisions of these Terms & Conditions
If you engage in any Restricted Activities, we may take various actions to protect ClubPay, eBay, a Customer, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
  • We may close, suspend, or limit your access to your Micro-Site or ClubPay's payment services;
  • We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;
  • We may update inaccurate Information you provided us;
  • We may refuse to provide our Services to you in the future;
  • We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
  • We may take legal action against you.
Termination of Subscriptions by ClubPay:
If a Customer or Subscribing Organisation engages in Restricted Activities and at our sole discretion (acting reasonably), we may end your subscription or suspend your access to payment facilities at any time where expedient to do so.

If we end your subscription, we will provide you with notice of the termination and details of any undisputed funds that we are holding. If we suspend the Subscribing Organisation's Micro-Site or suspend a Customer's access to payment facilities, we will provide you with notice and opportunity to request restoration of access if appropriate.

Changing or Ending Your Subscription

Making changes to Micro-Sites is consumptive of both time and resource; we cannot therefore allow unconstrained change. However, we do understand that products and prices change, so we permit one site 'refresh' in each twelve month period from the start date of the subscription.

Free Annual Refresh:
This refresh is not obligatory, can take place at any point within each twelve month period and may consist of anything from a single change to one price, right up to a complete rebuild of the Micro-Site and its contents.

Under no circumstances will a second free refresh be offered within the same twelve month period except where, at the discretion of ClubPay, it has been agreed that a refresh may be carried forward from one period to the next. Refreshed cannot be carried forward more than once, i.e. into a third twelve month period.

Chargeable Changes:
Outside of the free Annual Refresh process, a Subscribing Organisation is free to make changes to their Micro-Site through our Credit system. A Tariff listing the various types of changes that can be made, along with the 'cost' in Credits is published in the 'Buy ClubPay Services' section of the site. The cost of Credits and the number of Credits required to undertake each type of change may change from time to time at ClubPay's discretion.

Changing Your Package:
You are free to change your Subscription Package for another, whether larger or smaller, at any time, but you will be liable for the full setup costs of the package you are moving to, irrespective of the package you already subscribe to. In exceptional circumstances we reserve the right to make additional charges to reflect the complexity of a requirement.

Ending Your Subscription:
You may end your subscription at any time by notifying us in writing, by sending an email to admin@clubpay.co.uk. Any funds owning to the Subscribing Organisation will be disbursed in strict accordance with our standard Disbursement Policy.

You may not end your subscription to evade an investigation. If you attempt to end your subscription while we are conducting an investigation, we may hold your funds for up to 180 Days to protect ClubPay or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your subscription, even after the subscription has ended.

Tax Policy

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. ClubPay is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Fees:
Quoted fees are inclusive of all applicable taxes; however, other taxes or costs may exist that are not paid through ClubPay or imposed by us. You are liable for telephone charges and any charges made by your internet service provider or similar or associated charges as a result of the use by you of the Services.

Intellectual Property

The URLs representing the ClubPay website(s), "ClubPay," and all related logos of our products and services described in our website(s) are either copyrighted by ClubPay, trademarks of ClubPay or registered trademarks of ClubPay. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by ClubPay, service marks, trademarks, and/or trade dress of ClubPay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent.

Warranty & Indemnification

We provide the Services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement.

ClubPay does not have any control over the products or services that are paid for with our Service and ClubPay cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

ClubPay does not guarantee continuous, uninterrupted or secure access to our Service. Operation of our Web Site and/or your Micro-Site(s)may be interfered with by numerous factors outside of our control. We shall not be liable for any delay in the failure in our provision of the Services under this Agreement where such failure is due to factors beyond our reasonable control. You acknowledge that your access to the Web Site and/or your Micro-Site(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

ClubPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner but ClubPay makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or card networks.

We make every effort to ensure that the information contained in our correspondence, reports, on the Web Site and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

Indemnification:
You agree to defend, indemnify and hold ClubPay, our affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your, your employees or agent's breach of these Terms & Conditions, breach of any law and/or use of the Services.

Notices to ClubPay

Notices to ClubPay made in connection with this agreement must be sent by postal mail to our registered office: ClubPay Ltd, Batley Business Park, Suite 39 & 40, Technology Drive, Grange Road, Batley, West Yorkshire, BF17 6ER.


Micro Sites |  ClubPay Services |  About Us |  Terms & Conditions |  Unabridged Version



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