This Agreement represents the complete Agreement and understanding between AGASOFT, that operates and owns the product and service MyClubOnNet.com and having its office at 16/14, Viswanathan Complex, Akila Gardens, Ganapathy Nagar main Road, TV Kovil, Trichy - 620005 (hereinafter referred to as “LICENSOR”, which term shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assigns; “us” and “our” shall be construed accordingly) of the ONE PART; and the Club or Association requesting a subscription (hereinafter referred to as the “LICENSEE”, “you” and “your” shall be constructed accordingly, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, assigns, representatives and heirs) of the OTHER PART; and supersedes any other written or oral agreement.
The Licensor has developed and hosted an online application known as My Club On Net (also printed as MyClubOnNet, herein after referred to as the “said application” and “site” shall be constructed accordingly).
The said application provides an online platform where members of a subscribing club can gain access to details and data of other members of the same club, Interact with them, view activities of their club and in some cases view activities of other clubs where applicable. The application also provides the administrators of the subscribing clubs special rights to include data and details of Activities of their club, send E-Mail or SMS(text messages) to any or all of its members as the case may be, manage subscription from its members, and other features and settings.
The Licensee desires to utilize the said application for its own administrative use as well as the benefit of its members.
The Licensor and the Licensee are desirous of executing this Agreement to record the terms and conditions of the services as under:
NOW THE PARTIES HEREBY AGREE AS FOLLOWS:
By visiting the said application, using any or all services and features, the Licensee agrees to be bound by the following terms and conditions.
Access and Use of Service
The Licensor will grant a login key/s to the administrator of the subscribing club / association.
The Licensee club/association administrator can use that login key to provide subsequent login key to any or all of its members, assign administrator rights to selected members, to manage data pertaining to their club.
You may only use our services and the like for lawful purposes and may not transmit defamatory, offensive or obscene material or in breach of copyright or other intellectual property rights.
We reserve the right to monitor material placed on our site by you and remove or edit or disclaim liability for such material in our sole discretion.
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
We will provide you with an interface to send Emails to your members. We will also provide for an interface for your members to interact with other members via Emails.
You and your club members agree that you will not send marketing or any other kind of messages other than club related information, status, birthday and anniversary wishes, update messages etc, and that you are solely responsible for such messages and are legally liable for all damages caused and AGASOFT is in no way liable for your actions or any damages you may cause.
We will not be held responsible or liable in any manner if such emails are not delivered or the receiving party has not viewed the email which may have been received by them in their spam / junk folder.
SMS – Text messages (Within India Only)
We will provide you with an interface to send SMS Messages to your members.
All Messages sent by default (Birthdays and Wedding Anniversaries) and information messages sent by administrators will bear your club name at the beginning of the message.
We will send a SMS message (Birthday or Wedding Anniversary Greeting) to your member whose birthday or wedding anniversary falls on that particular day. These Messages do not require your club to have SMS Credits. The Administrator has the option to disallow such greeting message which is sent by default.
You agree that you will not send marketing or any other kind of messages other than club related information, status, birthday and anniversary wishes, update messages etc, and that you are solely responsible for such messages and are legally liable for all damages caused and AGASOFT is in no way liable for your actions or any damages you may cause.
You agree that SMS messages involve third parties to deliver such messages and that we are not liable in any way for non-delivery of messages to your members/users. You also understand that you will not use this service to send critical messages which requires instant delivery. We will not be liable in any way for the losses incurred due to non delivery of such messages.
It might not be possible for us to deliver services to some locations in which event we will notify you in some way.
Prices & Charges
The Licensee shall be liable to pay the Annual Usage Fees of Rs.2300/-
(Two thousand and Three Hundred Rupees Only), subject to review and revision
from time to time. The said fees are for the use and access of the application
by the Licensee, its administrators and all its members.
In cases where your club membership strength is more than 150 Members, you agree to pay Rs.10/- (Ten Rupees Only) per Member as Annual Usage charges in addition to the General Annual Usage Charges for the exceeding members only. You agree to pay the Annual Usage Fees and Additional Members usage charges on or before the due date mentioned in the invoice, if you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, block you and your members or deny access to the said application. We need not provide you with advance notice in such circumstances.
You may purchase SMS Credits in multiples of 5000 credits as and when required. Each pack of 5000 Sms Credits will be charged at Rs.900/- ( Rupees nine hundred only).
We never make charges directly to mobile phone bills. Most mobile phone networks will not charge you a fee to receive text messages, but we are not liable to pay for any costs that mobile phone networks charge you or others when receiving text message reminders via MyClubOnNet.com.
All the taxes as applicable shall be charged and recovered extra.
MyClubOnNet may however provide a limited FREE Version to clubs. This free Limited version is provided only by the discretion of the Licensor.
The Free Limited Version for Clubs is solely for the purpose of Club Data Management. Many of the Member Interaction features and the use of our Android App from Google Play Store are not provided for such free limited version users.
This Agreement will be valid for 12 months, and will automatically be renewed for another 12 months provided, renewal fees are received not more than 60 days after the Subscription End Date. Sixty days after the Subscription End Date, the service will be discontinued without notice.
Limitations of Liability
If you do not receive services ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you contact us about the problem within 40 days of the date on which you ordered the services. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem, regardless of whether you have notified to us of the possibility of such losses in advance. In no event shall Licensor's liability hereunder exceed the amount of license fees paid by Licensee. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary permits to purchase services from our site. The importation or exportation of certain of our services to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the services you purchase.
Termination by Licensee
You agree that you are legally liable to pay any outstanding amount by way of usage charges for the entire billing cycle weather or not you have completed that term.
Termination by Licensor
We reserve the right to cancel the contract between us if:
- We do not deliver to your area
- We have insufficient resources to deliver the services you have ordered.
- We have not received the annual charges within the due date
- If you are in material breach of any of these terms and conditions.
If we do cancel your contract we will notify you by email. We will not be obliged to offer any additional compensation for disappointment suffered.
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
Links to Other Sites
Certain links, including hypertext links, in our site, email newsletters and email reminders, may take you outside of our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website or services or products outside our site.
The use of your information
All rights in the design, text, graphics, the application, the technical processes and programs and other material on our site and the selection or arrangement thereof are protected by copyright, trademark, patent, trade secret and other intellectual and proprietary rights. The Licensee may use the said application, logos, graphics, and other material only as permitted by this Agreement and for no purpose other than the performance of this Agreement or as expressly agreed to by the Licensor in writing. Any other use of materials on our site (including reproduction, alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
Events beyond our control
We shall have no liability to you for any failure to deliver services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, a problem at our web hosting provider, if you provide incorrect email addresses, email inboxes being full, an email service provider experiencing technical issues, reminders being deleted or moved by spam control software, a fault with your mobile service provider, you or your customers not having a mobile phone signal, you or your customers mobile phone being switched off, you not checking our network coverage and your network is not covered, you being abroad and not having the mobile connection required or being in a country or time zone that is not supported, or if you provide us with the wrong mobile phone number.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Indian Contracts (Rights of Third Parties) to enforce any term of this agreement .
The contract between us shall be governed by and interpreted in accordance with Indian law and the Tiruchirappalli Court shall have jurisdiction to resolve any disputes between us.
You may not use this web site(s) if law prohibits you from doing so in the country in which you reside.