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Terms and Conditions

Last modified: 18th May 2021

This notice details the terms and conditions for the membermojo service.

By using the service as a membermojo organisation administrator, you acknowledge on behalf of your organisation that you have read and understood this agreement and agree to all its terms and conditions.

Within these terms and conditions:

  1. 'we' and 'our' means membermojo ltd in our capacity as data processor for your organisation member data, or data controller for your organisation contact data.
  2. 'the Website' means membermojo.co.uk and the services offered through it.
  3. 'you' or 'organisation' means the customer acting as a data controller.
  4. 'delegated administrator' means an administrator appointed directly or indirectly by you or anyone else on behalf of the organisation.

Member Terms and Conditions

You are responsible for communicating any parts of this agreement you believe necessary for member acceptance through your own terms and conditions.

Organisation registration

By registering with membermojo, you are agreeing to meet the following conditions:

  1. You are at least 18 years old and have provided your real name and email address during registration of your organisation.
  2. You and any delegated administrators are responsible for the security of your passwords or email accounts used to sign in to the service.
  3. You and any delegated administrators are responsible for the accuracy and testing of any payment configuration.
  4. You may only register organisations you are authorised to represent.
  5. We reserve the right to reject or suspend any registration we consider inappropriate use.
  6. Any delegated administrators you create for your organisation are deemed to have accepted these terms and conditions.

Appropriate site content and use

  1. We reserve the right to terminate the service without notice for any organisation using the service for illegal activities.
  2. We reserve the right to terminate the service or remove content without notice for any organisation displaying inappropriate material on any page, form, or distributed email. This includes:
    1. Offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national or ethnic origin, physical ability, sexual orientation or age.
    2. Obscene material including pornographic material.
    3. Material that infringes another person's copyright, patent, trademark, or other intellectual property.
    4. Material that is irrelevant to your organisation and maybe classed as spam.
  3. We reserve the right to terminate the service if an organisation causes membermojo to be brought into disrepute.
  4. Email distribution is subject to reasonable use and can be revoked if:
    1. Emails large enough to be rejected by common mail providers are sent regularly.
    2. A large volume of emails is sent through the service or is found to be generated automatically.
    3. A significant number of your emails are bounced or cause complaints.
  5. We will take all necessary actions against any attempt to circumvent our security controls or denial of service for others. This can include immediate account termination.
  6. Storage space for member and site documents is provided as part of your plan and is subject to reasonable use. Storage is provided to support membermojo functions and should not be used for other purposes. We may archive and remove documents that do not fit this definition.

Our role

membermojo provides organisations with online membership administration services.

  1. We play no part in the running of your organisation and its relationship with members.
  2. membermojo is not responsible for your organisation's privacy policy or implementation of GDPR unless stated in these terms.
  3. membermojo is not responsible for organisation content on pages, forms or email.
  4. membermojo is not responsible for configuration mistakes.
  5. membermojo will provide and review measures to prevent abuse of email distribution, but cannot be held responsible if these controls are circumvented.
  6. membermojo support can only access an organisation account if instructed by a current administrator with write access.

Fair Processing under GDPR

membermojo will process your data under the terms required by GDPR.

As a data processor for your organisation:

  1. The data we process and how long we keep it for is defined by our Privacy Policy.
  2. We will only use your data with membermojo services.
  3. We will only act on written instructions from you or any delegated administrators.
  4. All membermojo personnel with access to your data are subject to a duty of confidence.
  5. We will use appropriate technical and organisation measures to protect your data.
  6. We will only use sub-processors which can provide us with a written contract that respects GDPR.
  7. We will only use sub-processors that you consent to.
  8. We will assist you in providing subject access and allowing your members to exercise their rights under GDPR.
  9. We will assist you with data protection impact assessments for our service.
  10. We will notify you and delegated administrators of any personal data breach for your organisation without undue delay.
  11. When your contract ends we will remove all personal data held for your organisation after a period defined by our Privacy Policy, or immediately if requested.

As a data controller for your organisation contact data:

  1. The data we collect, its purpose and how long we keep it for is defined by our Privacy Policy.
  2. We recognise the Information Commissioners Office (ICO) as our Supervisory Authority, registration number ZA083040.
  3. We respect the rights of the individual as required by GDPR.
  4. We will notify our Supervisory Authority if there is a breach of organisation contact data.

Sub-Processing

We may share data with our Sub Processors to implement site functions.

All Sub-Processor changes will be notified through Recent Changes at least 28 days in advance of the change.

You can object to changes in sub-processing by writing to us and describing your legitimate reasons for objection within 14 days of the notice. We will resolve this objection by correcting our use of the Sub-Processor or by terminating and refunding your use of the affected site functions.

Subject Access

As a data processor we cannot respond to subject access requests from your members.

We will assist you and delegated administrators in responding to your members if the request concerns data not available through the Website.

Promotion and Advertising

We will ask permission before using your organisation for promotion purposes.

Member payments

  1. Member payments are made directly to you. membermojo is not a party in these transactions.
  2. We are not responsible for any payment dispute or refund requests with members of your organisation.
  3. We are not responsible for and cannot control the actions of any external payment providers.
  4. We are not responsible for calculating or reporting any taxable element of payments.

Billing

  1. Billing is annual commencing from the end of any free trial or start of a paid plan.
  2. You will be invoiced 2 weeks before the due date according to the charges on our pricing page at that time. Failure to pay the full amount within 4 weeks of the invoice being issued may result in service termination.
  3. We will notify you if at any point outside a free trial the number of members exceeds your current plan. If after 2 weeks there are still too many members, you must renew your plan for a further 12 months at the higher price minus any pro-rated fees remaining on the existing plan. Failure to renew within 4 weeks of the original notice may result in service termination.

Free plans

membermojo provides a free plan for organisations with few members.

  1. A free plan may be terminated without notice after 6 months of inactivity. Activity includes member database updates, administrator logins and email distribution.
  2. The free plan must be renewed annually, but may be withdrawn or changed at any time with 4 weeks notice.
  3. We reserve the right to modify the organisation name on a free plan if a paid plan can demonstrate to our satisfaction ownership of the same name.

Protected Administrators

The first administrator that creates a membermojo organisation is protected. A protected administrator cannot be removed by delegated administrators. The first administrator can remove this protection at anytime.

We may also remove protection after instruction from a delegated administrator, followed by 6 months of protected administrator inactivity.

Disclaimer of Warranties

Our service is provided “as is”. membermojo hereby disclaims all warranties and conditions of any kind, express or implied, including, without limitation, the warranties of merchantability and fitness for a particular purpose. Neither membermojo nor its suppliers make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Changes

membermojo reserves the right, at its sole discretion, to modify or replace any part of this agreement. Significant changes will be notified through Recent Changes but it is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. membermojo may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the membermojo terms and conditions then in force.

Termination

All provisions of this agreement which by their nature should survive termination shall survive its termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event will membermojo, or its owners or suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to membermojo under this agreement during the twelve (12) month period prior to the cause of action. membermojo shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the membermojo Privacy Policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside or operate) and (ii) your use of the Website will not breach any obligation or restriction applicable to you nor any duties you owe to any third party.

Indemnification

You agree to indemnify and hold harmless membermojo, its owners, contractors and suppliers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your misuse of the Website or your breach or violation of this agreement.

Jurisdiction

This agreement is to be interpreted in accordance with the laws of England and any dispute relating to it, contractual or otherwise, will be subject to the exclusive jurisdiction of the courts of England.

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