3. These TOU and your rights and obligations under them are not transferable by you to any other person. We may transfer our rights and obligations to the purchaser upon any sale of all or part of our business. We reserve the right to change or discontinue the MemberWizard site at any time.
4. By uploading or otherwise entering content on the MemberWizard site you confirm that you have the right to do so (including the posting of personal information of any other person). With the exception of your content we own the MemberWizard site and all rights to it. We are not responsible for any data provided by you or any other user of the MemberWizard site. You are responsible for maintaining the security of your registration on the MemberWizard site and for all activity in relation to your account including any content posted to the site using your account.
5. While making all efforts to ensure availability of the MemberWizard site we offer no warranties of its performance or availability. The MemberWizard site is provided on an “as is” and “as available” basis.
6. We and our suppliers shall not be liable for any damages of any kind either tangible or intangible such as loss of profits, data, goodwill etc. You agree that you shall indemnify and hold us and our suppliers harmless of any cost, loss, claim or expense made by any party in relation to your use of the MemberWizard site.
7. Subscription fees to MemberWizard are described on the MemberWizard web site and are subject to change as described in the paragraph below. Should your account not be paid within 60 days following the expiration of your current subscription period we reserve the right to provide read only access to your database. This means you will not be able to update or add data but you will be able to read and download your current data. If your account is not renewed within 90 days of the date of subscription expiration then we reserve the right to remove your data from the servers and terminate your access (for Free accounts this period is 60 days from the last time you logged in). We are not responsible for the retrieval or restoration of your data should you renew your account more than three months after it becomes due.
8. Should your organisation's active member database increase or decrease during a subscription period to be greater than the maximum allowable or less than the number specified for your level of membership then we will automatically adjust your membership subscription level at the subsequent monthly subscription payment period.
9. Refunds. Should you wish to cancel your membership at any time during the current subscription period beyond the inital 3 month free trial period then a refund for the remainder of your subscription shall be processed by NF Software Pty Ltd within 30 days of written notification from you. Refund will be for the pro-rata amount remaining of your subscription less any financial fees associated with the refund. If you decide to cancel your subscription within the first 90 days of joining MemberWizard then the entire subscription fee paid by you will be refunded within 30 days.
10. All fees quoted on the MemberWizard site are in Australian dollars and are exclusive of all taxes, financial charges, levies or duties imposed by the relevant taxing authorities of any country. If your organisation is based in Australia and GST is applicable to your MemberWizard subscription, then it will be added to your subscription payment. You are responsible for payment of all taxes, levies or duties imposed by the relevant taxing authorities for any dues you may collect through the MemberWizard site.
11. MemberWizard Monthly subscriptions are payable only by Paypal automatic subscription or automated Direct Debit through Stripe for credit card payments. Subscriptions for Annual or Biennial membership can also be paid by direct deposit, Stripe or PayPal.
12. These TOU will continue in force until terminated by either you or us. We reserve the right to terminate without prior notice your access to the MemberWizard site for the following reasons including but not limited to:
- If you breach or facilitate any breach or violation of these TOU
- If your subscription with us falls into arrears by more than 90 days or if you are have a Free subscription then if you have not accessed or logged into your database for more than 60 days.
- If we suspect that you have engaged in any unlawful activity in connection with the MemberWizard site.
Should we terminate your access you shall not be entitled to any refund for any remaining period of your subscription.
13. Any claims concerning this TOU or your use of the site which require legal resolution shall be heard in the appropriate Court in Brisbane, Australia and will be decided under the laws of Queensland, Australia.