SPOND CLUB SOLUTION TERMS
1. ACCEPTANCE OF TERMS
These Terms of Service (the “Terms”) govern the use of Spond AS’s (“Spond”) club solution (the “Service”). A more detailed description of the Service can be found at spond.com.
An agreement to use the Service is entered into by registering the organization that uses the Service on Spond’s website, and at the same time accepting the Terms. The registered organization is hereinafter referred to as the “Club”. Anyone who registers the Club and accepts the Terms confirms having the authority to enter into agreements on behalf of the Club.
2. CONTACT PERSON AND ACCESS CONTROL
The club must provide a contact person (“Contact Person”) and change of contact person must be notified to Spond in good time (see contact information at the bottom of the Terms).
The contact will receive a code for accessing the Service, and may then delegate access to the Service to other persons affiliated with the Club. The club must make sure that everyone who uses the Service has read and understands the responsibility provided by the Terms.
If any member of the Club uses the Service in violation of the Terms, the Club shall terminate the individual’s access. If the Club fails to fulfill this obligation, Spond may itself terminate access and terminate the agreement with the Club immediately. Spond may also remove or censor any content or other material that violates these Terms, the purpose, or the intent of the Service.
3. CHANGE OF SERVICE AND TERMS AND CONDITIONS
The Service will be changed continuously, including by adding or removing functionality. In the event of changes that we believe may have significant adverse consequences for the Club, we will inform the Contact Person directly or via spond.com.
Spond may change the Terms. In the event of significant changes, Spond will notify the Contact Person in an appropriate manner. Minor changes will be posted on spond.com and the Club is therefore encouraged to check spond.com regularly.
Spond does its best to keep the Service safe. However, Spond cannot guarantee that the Service will not be compromised by viruses, attacks, and similar dangers from malicious third parties.
Spond processes personal information about members and others affiliated with the Club, on behalf of the Club. The Club and Spond have therefore entered into a data processing agreement which describes Spond’s obligations in connection with its processing of personal data on behalf of the Club.
Please also read Spond ́s general privacy statement.
6. ACCEPTABLE USE OF THE SERVICE
The club undertakes to:
Use the Service in accordance with the purpose and intentions of the Service;
Not act in violation of the Terms;
Not publish content or other material that is, or may be construed as, inappropriate, obscene, offensive or degrading;
Not publish content or other material that anyone else has the rights to, without agreement with the licensee(s);
Not copy, publish, sublicense, modify, interfere with, access to (or attempt any of) the Service, its software, user interface or other content in the Service or any other solutions provided by Spond.
The Service should be available 24 hours a day. However, the Service may be in whole or in part unavailable from time to time due to maintenance, updates or for other reasons. Spond will, if possible, notify planned downtime on Spond’s website. If the Service is unavailable or other errors are detected, the Contact Person or users may contact Spond Help Center directly and Spond will attempt to assist as soon as possible.
8. INTELLECTUAL RIGHTS AND LIABILITY FOR CONTENT
Spond has all copyrights, trademarks and other intellectual property rights to the Service and content created by or for Spond. The club retains all ownership rights to its content. Content or other material published by other clubs or users is their property. The Club cannot use such content unless they have an agreement with the content owner.
The Club is itself responsible for the content they publish on the Service. Content that violates the rights of a third party will be removed from the Service as soon as possible after Spond becomes aware of such content.
9. MARKETING AND PUBLICITY
Spond may contact the Club and users of the Service directly in connection with marketing and information about new functionality of the Service or new services provided by Spond.
There are no fixed costs for using the Service. Some features, such as payment functionality, may incur costs. Any such costs will be clearly communicated before costs are incurred.
Significant changes to the pricing model will be announced well in advance of their entry into force.
The Club may choose to use the Service to give refunds to members or others who have made payments to the Club. Such refunds can be initiated by everyone who has been granted such rights by the Club, and the Club is responsible for the refunds.
The Club’s account in the Service (the “Account”) (which is provided by Stripe) includes an opportunity to overdraw the Account with up to:
Norway: NOK 10 000
Australia: AUD 1 500
Canada: CAD 1000
Ireland: EUR 1000
United Kingdom: GBP 1000
USA: USD 1000
Switzerland: CHF 1000
Euro: € 1 000
This credit amount (the “Refund Credit”) can be utilised by the Club to provide refunds to the Club’s members also where the balance on the Account is negative. The Club may apply to extend the Refund Credit. Any rates related to the Account is the Club’s responsibility. Spond provides security to Stripe for the at any time used part of the Refund Credit. Where there is still a negative balance on the account three (3) months after the Refund Credit was first utilised, Spond will invoice the remaining negative balance to the Club.
Spond is not responsible for any financial loss or costs the Club may incur, including, but not limited to, errors, total or partial inaccessibility, or loss of data.
Any liability, in any event, does not include indirect losses incurred by the other party.
The terms apply until one of the parties terminates the agreement. Either party may terminate the agreement with one (1) month’s written notice. At the expiry of the notice period, Spond will block access for all members of the Club who are users of the Service.
Data that the Club has entered into the Service will be deleted three (3) months after the expiration of the notice period in order for the Club to be given time to secure its data.
14. DISPUTE SOLUTION
Any dispute that may arise between Club and Spond is governed by Norwegian law. Any disputes that are not resolved amicably will be settled with the Oslo District Court.