Terms and Conditions
Last modified: 16th April 2018
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:
- '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.
- 'the Website' means membermojo.co.uk and the services offered through it.
- 'you' or 'organisation' means the customer acting as a
- '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.
By registering with membermojo, you are agreeing to meet the
- You are at least 18 years old and have provided your real name and email
address during registration of your organisation.
- You and any delegated administrators are responsible for the security of
your passwords or email accounts used to sign in to the service.
- You and any delegated administrators are responsible for the accuracy and
testing of any payment configuration.
- You may only register organisations you are authorised to represent.
- We reserve the right to reject or suspend any registration we
consider inappropriate use.
- Any delegated administrators you create for your organisation are deemed
to have accepted these terms and conditions.
Appropriate site content and use
- We reserve the right to terminate the service without
notice for any organisation using the service for illegal activities.
- 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.
- 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.
- Obscene material including pornographic material.
- Material that infringes another person's copyright, patent, trademark,
or other intellectual property.
- Material that is irrelevant to your organisation and maybe classed as
- We reserve the right to terminate the service if an
organisation causes membermojo to be brought into disrepute.
- Email distribution is subject to reasonable use and can be revoked if:
- Emails large enough to be rejected by common mail providers are sent
- A large volume of emails is sent through the service or is found
to be generated automatically.
- 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.
- 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.
membermojo provides organisations with online membership administration
- We play no part in the running of your organisation and its relationship
implementation of GDPR unless stated in these terms.
- membermojo is not responsible for organisation content on pages, forms
- membermojo is not responsible for configuration mistakes.
- membermojo will provide and review measures to prevent abuse of email
distribution, but cannot be held responsible if these controls are
- 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:
- The data we process and how long we keep it for is defined by our
- We will only use your data with membermojo services.
- We will only act on written instructions from you or any delegated
- All membermojo personnel with access to your data are subject to a duty of
- We will use appropriate technical and organisation measures to protect
- We will only use sub-processors which can provide us with a written contract
that respects GDPR.
- We will only use sub-processors that you consent to.
- We will assist you in providing subject access and allowing your members
to exercise their rights under GDPR.
- We will assist you with data protection impact assessments
for our service.
- We will notify you and delegated administrators
of any personal data breach for your organisation without undue delay.
- When your contract ends we will remove all personal data held for your
immediately if requested.
As a data controller for your organisation contact data:
- The data we collect, its purpose and how long we keep it for is
- We recognise the Information Commissioners Office (ICO) as our Supervisory
Authority, registration number ZA083040.
- We respect the rights of the individual as required by GDPR.
- We will notify our Supervisory Authority if there is a breach of
organisation contact data.
We may share data with our Sub Processors to implement site
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.
As a data processor we cannot respond to subject access requests from your
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 are made directly to you. membermojo is not a party in these
- We are not responsible for any payment dispute or refund requests
with members of your organisation.
- We are not responsible for and cannot control the actions of any
external payment providers.
- We are not responsible for calculating or reporting any taxable element
- Billing is annual commencing from the end of any free trial or start of a
- 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.
- 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.
membermojo provides a free plan for organisations with few members.
- A free plan may be terminated without notice after 6 months of inactivity.
Activity includes member database updates, administrator logins and
- The free plan must be renewed annually, but may be
withdrawn or changed at any time with 4 weeks notice.
- 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.
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.
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.
All provisions of this agreement which by their nature should survive
termination shall survive its termination, including, without limitation,
warranty disclaimers, indemnity and limitations
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
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.
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.
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.