This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of online application MyClubOnNet. BY ACCESSING OR USING MyClubOnNet, AND CREATING AND REGISTERING FOR AN ACCOUNT (the “account”), YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE MyClubOnNet. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. Changes to the Terms and Conditions will be posted online and any such changes will apply to you thereafter if you continue to use MyClubOnNet.
The application MyClubOnNet hosted on a domain name www.MyClubOnNet.com or with any other extension as .in, .co.in or any new extension acquired from time to time, is owned and operated by AGASOFT, having its office at 16/14, Viswanathan Complex, Akila Gardens, Ganapathy Nagar Main Road, TV Kovil, Trichy – 620005. “MyClubOnNet”, “application”, “app”, “ website” and “agasoft” are used interchangeably and are synonymous.
For the purpose of these Terms of Use, wherever the context so requires
AGASOFT controls and operates this Platform from its headquarters in Tiruchirappalli and makes no representation that the materials on MyClubOnNet are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. In case, a person using the world wide web/internet receives a spam or virus which includes a link to MyClubOnNet or to any other site maintained, operated or owned by AGASOFT, it should not be held responsible for the same. AGASOFT assumes no responsibility for such mails. The services provided by the websites maintained, operated or owned by AGASOFT do not extend to acting as an agent (express or implied) on behalf of any subscriber or user. AGASOFT has no agents and does not operate through any agents save for those specifically mentioned on the website.
The Terms and Conditions mentioned regulate the usage of MyClubOnNet. Any person using MyClubOnNet in violation of the stipulations contained in the Terms and Conditions of MyClubOnNet shall render himself/herself liable to appropriate action in a court of law both civil and criminal. AGASOFT will not be party to any legal proceedings between a user and any party contracted through the site. In case AGASOFT is implicated in any legal proceedings, costs including Attorney’s Fees will be recovered from the party that names AGASOFT. AGASOFT however will abide with any court order served on it through due process. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS AGASOFT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES AND LOSSES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OBTAINED THROUGH MyClubOnNet, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO AGASOFT.
By accessing or using the service, you represent and warrant that: (a) you are either at or above the legal age of majority in your jurisdiction of residence; (b) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access the services; and (c) you will access and use the service in accordance with these terms.
Service is provided on an "as is" and "where-is" basis, and MyClubOnNet makes no express or implied representations or warranties of any kind related to the service and the materials contained therein. Additionally, nothing contained on the website and the app shall be construed as providing professional guidance or advice to you. We do not warrant that the service will be error-free or uninterrupted. Any time estimate for completion of the service which may be given to you is an estimate only and does not form any obligation under the terms. Your continued use of the service constitutes your agreement to all such terms, conditions, and notices and any changes to the terms.
AGASOFT / MyClubOnNet reserve the right to revise its Service, Cost of Licenses including Cost of Third party Services provided on the application and Website content at any time without notice.
Subject to the Terms, MyClubOnNet grants you a limited, non-transferable right to use our Service or Services to manage your operations for the Term unless terminated, provided that you may not use our Service in a resale capacity or process third party data. MyClubOnNet has all rights, title, and interest in the Service and any materials supplied to you by us.
If you receive free access or a trial or evaluation License to MyClubOnNet, then you may use MyClubOnNet in accordance with the terms and conditions of this Agreement for such other period granted by us (the "FREE License"). FREE Licenses are permitted solely for your use to determine whether to purchase a paid features to MyClubOnNet.We have the right to terminate a FREE License at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE WILL HAVE NO WARRANTY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO FREE LICENSE.
Subject to the Terms, MyClubOnNet will use reasonable efforts to provide our Service 24/7. You agree that from time to time, our Service may be inaccessible or not possible to use for different reasons, like periodic maintenance procedures or upgrades, service malfunctions, and reasons beyond our control or which are anticipated by us, that might include the interruption or failure of telecommunications or digital transmission links, hostile network attacks or network jamming or any other failures. MyClubOnNet will make reasonable efforts to reduce any disturbance, inaccessibility, or inoperability of our Service in connection with these downtimes. MyClubOnNet will not be responsible for any damages or costs incurred, lost profits, if any, that may be incurred due to downtime.
You agree to pay MyClubOnNet fees specified in the plan or features corresponding to the features level to which you have subscribed through the Service. If payment is not made within the expiry date of the License period, The Feature will be automatically made ununavailable and operations may be limited due to the lack of the features which may grant access to specific areas of the application. There is no option to cancel a service or feature after it has been purchased and payment has been made. Your account will have access to those features or services till the end of that License subscription period, whether you are paying monthly, quarterly, half yearly, or annually or any period as taken by you during purchase, You will not receive a refund for the remaining portion of your subscription as you will have full access to the Service until the end of the License period.
Your use of the Website, the App, and/or the Service will commence the Term and shall continue until it is terminated by either party for breach of its terms. For violations of the Terms, MyClubOnNet has the authority to terminate your access to our Service. Any violation of your payment obligations or unauthorized use of our Service will adjudge to be a material breach of the Terms. We may terminate your account or use of our Service if you breach or otherwise fail to meet the terms within these Terms. You may terminate a subscription of our Service at any time; however, you must pay all amounts due and owing before the termination is effective.
On your Request
Your personal information, as well as any Content you make available to us, belongs to you. If you wish to delete data provided by you or your users on your account from our system, all you need to do is just contact us from your registered Email ID. We will confirm your request (to verify that it's really you), and we will delete your information as promptly as possible. Once your requested information is deleted, we will notify you. If Deletion of Data is done on your request, we will permanently delete all data from our systems including our backup.
Inactive
In cases where your club/group/association of perople or account has not activity either by way of login of your members for a period exceeding 90 days, the account is first suspended and then beyond 30 days from suspension if we still do not receive any correspondence from you, any data provided by you or your users will be deleted from our servers.
Data pertaining to activities of your club like projects and meetings are permanently deleted after 500 days from the date of entry or as notified on the application.
You acknowledge and agree that, to the max extent permitted by applicable Law, we are not liable to you or any third party for termination or suspension of access to your Account or for deletion of your information or Account data.
You are entirely responsible for maintaining the confidentiality of your Account and any Credentials, and for any charges, damages, liabilities or losses incurred due to your compromise of your Credentials. You are responsible for all acts and omissions of your Authorized Users and you agree that the conduct of any Authorized Users in clicking on any on-screen buttons, purchasing any upgrades, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind you to the same extent as though evidenced by your original signature. You waive all claims or defenses that are inconsistent with the foregoing acknowledgments. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. We may revoke your Credentials or deny you or any Authorized User access to any administrative or other functionality, in whole or in part, at any time in our reasonable discretion, but especially if we detect or suspect any threat to the security or integrity of our systems associated with your Account.
As between the parties, you will retain all right, title and interest in and to the Member Data as provided to us. Subject to the terms of this Agreement, you hereby grant to us a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Member Data solely to the extent necessary to provide the MyClubOnNet services to you and your members. We agree only that we will not intentionally delete any Member Data from any service prior to termination of your applicable License Term and we expressly disclaim all other obligations with respect to storage.
Aggregated Data: Notwithstanding anything to the contrary herein, you agree that we may obtain and aggregate technical and other data about your use of MyClubOnNet that is non-personally identifiable with respect to you ("Aggregated Data"), and we may use the Aggregated Data to analyze, improve, support and operate MyClubOnNet and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by you and other customers.
This Section applies in the event that you purchase messaging (Email/SMS/Whatsapp/MMS) services. You acknowledge and agree that messages to or from you to your end users, Members and/or subscribers may be blocked by carriers or other service providers for reasons known or unknown to us; we are under no obligation to investigate or remedy any such blockage for you or any of you end users, customers or subscribers. We do not guarantee delivery, regardless of the reason, of any messages. Your use of “Messaging Services” must comply with any applicable Messaging Principles and all applicable laws. You will be solely responsible for compliance by you (and by your users/customers) and the evaluation and qualification of your actual and prospective end users’ use cases to ensure such use cases follow applicable Messaging Principles. Messaging practices such as transmitting defamatory, offensive, obscene, indecent, or otherwise unlawful or objectionable messages are strictly prohibited 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 reserve the right to terminate services, without prior notice, to the originator of Spam. No refund shall be admissible under such circumstances.
YOU SHALL INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, EXPENSES, LIABILITIES, LOSSES OR OTHER DAMAGES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH.
Advertisements: The MyClubOnNet application may display advertisements provided by Google AdSense or other third-party advertising networks. AGASOFT / MyClubOnNet are not responsible for the content, quality, or accuracy of any advertisements shown within the Application. The inclusion of advertisements does not imply endorsement by the Company or MyClubOnNet.
No Ads Option: Users have the option to purchase a subscription to the 'NoAds' service, which will disable advertisements within the Application for the purchasing user and all associated club members for a period of 360 days. The Company makes no warranties regarding the effectiveness or availability of the 'NoAds' service.
Limitation of Liability: The Company and MyClubOnNet disclaim all liability and responsibility for any loss or damage arising from the content of advertisements or any issues related to the 'NoAds' subscription.
If we create or supply any content for your use with MyClubOnNet, the content we create is our sole and exclusive property. You agree that you have no right to use MyClubOnNet content apart from MyClubOnNet without our written permission. You agree that we own the copyright in, and all copyrighted portions of the MyClubOnNet service. You agree not to use or alter any trademark, trade name, trade dress or any name, picture or logo that is commonly identified with us or our affiliates unless permission is granted by us in writing.
We are not responsible for any claim that arises between your customers and you related to use of MyClubOnNet. If you experience issues with your use of MyClubOnNet due to any system error on our part, you agree that we may, at our discretion, provide free services as a makegood, but under no circumstances will refunds be provided. To the maximum extent permitted by applicable law, we will have no liability with respect to any services or features provided to you. MyClubOnNet and related services are provided on an “as is” and “as-available” basis. We disclaim all representations, warranties or conditions of any kind whatsoever, whether express or implied or arising by statute or otherwise in law or equity or by custom or from a course of dealing or usage of trade, including all implied warranties and conditions of merchantable quality, fitness for a particular purpose, title and non-infringement. Without limiting the generality of the foregoing, we do not represent or warrant that (i) MyClubOnNet or related services will meet your needs or requirements, (ii) the operation of MyClubOnNet or related services will be continuous or free of defects, errors or inaccuracies, (iii) the functions contained in MyClubOnNet solutions will operate in all the combinations which may be selected for use by you, (iv) your data will be safe from unauthorized access, (v) your MyClubOnNet solutions will be available or accessible at any given time, or (vi) your use of MyClubOnNet will comply with all applicable laws. Furthermore, and without limiting the generality of the foregoing, we do not warrant, and you expressly disclaim any reliance on, any statements or representations, including estimates, not contained in the agreement.
The limitations in this Section shall apply notwithstanding any failure of essential purpose under this Agreement. To the max extent permitted by applicable Law, we are not liable to you for any deviation from or change in our policies, practices, and procedures.
You understand and agree that we have set our prices and entered into this Agreement with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocates risk between us and form the basis of a bargain between the parties.
If any dispute arises between a user/users/end customer / your service partners and AGASOFT/MyClubOnNet arising out of use of MyClubOnNet or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by AGASOFT. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Tiruchirappalli, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.
This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and representations, whether express or implied, written or oral, with respect to MyClubOnNet. You agree not to include any limiting endorsement on a check or other form of payment, and we may cash a check containing a limiting endorsement or accompanied by any limiting instruction without affecting your obligations or our rights. Neither you nor any of our employees or agents is authorized to change or add to the Agreement or any other documents that are part of the Agreement in any way, and any purported change or addition, whether oral or written, is void. No additional statement, promise or guarantee by any purported representative of ours outside the terms of this Agreement, except as made in a duly signed, written amendment, shall create any binding obligation on us.
The Agreement is binding on you and your successors. We may assign the Agreement, but you may not without our prior written consent.
Unenforced Rights: Except as otherwise set forth in the Agreement, neither you nor we will lose any of our rights under the Agreement, even if you or we do not enforce a right or delay in enforcing a right.
Force Majeure: Neither party will be liable for any damages arising from acts of God or events outside of that party’s reasonable control.
Severability: If any provision of the Agreement is found to be unenforceable, the rest of the Agreement will remain in full force and effect.
Independent Contractors: The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent.
Signature: You agree that your acceptance of these Terms and Conditions, given electronically, will have the same legal effect as if the Terms and Conditions had been personally signed in writing by you. Our imaged copy of these Terms and Conditions will be deemed a duplicate original for evidentiary purposes. You represent that you have the authority to enter into the Agreement, are an authorized representative of a Club or Group of persons or entity authorized to conduct such types by the country in which it operates, and that your club, association or group of persons is not engaged in marketing or providing services of an “adult” nature, pharmaceuticals, drugs, or guns/firearms-related services, or unlawful services for which you wish to utilize MyClubOnNet.
Note: The terms in this agreement may be changed by AGASOFT at any time. AGASOFT is free to offer its services to any client/prospective client without restriction.
MyClubOnNet is a Club Management Software accessible from any device. It simplifies administrative tasks and fosters member interaction. Packed with features, it supports member management and engagement at club and district levels.
MyClubOnNet is a product of AGASOFT
Copyright © MyClubOnNet is Proudly Owned by AGASOFT