1. Agreement and authority
These Terms of Service govern access to and use of Club Guru, including our websites, applications, hosted platform, APIs, communications tools, and related services. By accessing or using Club Guru, you agree to be bound by these Terms.
If you access or use Club Guru on behalf of a club, course, company, or other organisation, that organisation is the customer under these Terms, and you represent that you have the authority to bind it. If you do not have that authority, or if you do not agree to these Terms, you must not use the service.
2. The service
Club Guru is a cloud-based club management platform designed to support operations such as member management, communications, bookings, invoicing, payments, reporting, and administrative workflows.
We may improve, modify, replace, or discontinue features from time to time. We may also introduce new modules, limits, or paid features. We will use reasonable efforts to give notice of material adverse changes where appropriate.
3. Accounts and security
To access most parts of the service, customer administrators and authorised users must maintain active accounts. You agree to provide accurate, current, and complete information and to keep it updated.
- You are responsible for safeguarding credentials, devices, authentication factors, and access methods used with your account.
- You must promptly notify Club Guru of any suspected unauthorised access, credential compromise, or security incident involving the service.
- The customer is responsible for managing user roles, disabling access when appropriate, and ensuring that authorised users use the service only within the scope of their permission.
4. Customer responsibilities
The customer is responsible for its use of Club Guru and for all data, content, communications, and actions initiated through its tenant or accounts. Without limiting the foregoing, the customer must:
- Use the service only for lawful business purposes and in compliance with applicable laws, regulations, and industry rules
- Ensure it has all required notices, consents, permissions, and lawful bases to collect, upload, process, and communicate personal information through the service
- Ensure communications sent through the service comply with anti-spam, consumer, and marketing rules, including unsubscribe and consent requirements where applicable
- Not upload malicious code, attempt unauthorised access, interfere with tenant isolation, probe vulnerabilities, reverse engineer the platform, or misuse the service to harm others
- Not use the service for unlawful discrimination, fraudulent activity, deceptive messaging, or content that infringes third-party rights
5. Billing, fees, and taxes
Paid subscriptions, add-ons, usage-based features, and implementation or support services are billed as stated in an order, proposal, plan description, or other commercial agreement with the customer. Unless stated otherwise, fees are quoted and payable in South African Rand.
- Subscription fees are billed in advance on the agreed billing cycle.
- Usage-based fees, transaction fees, or overages may be billed in arrears.
- Fees are non-cancellable and non-refundable except where required by law or expressly agreed in writing.
- The customer is responsible for taxes, levies, duties, and similar charges, excluding taxes based on Club Guru's net income.
- If undisputed amounts remain overdue, we may suspend access after reasonable notice.
6. Payments and member transactions
The service may enable the customer to collect fees, subscriptions, booking charges, donations, or other member-facing payments using third-party payment processors. Those processors operate under their own terms, privacy notices, and regulated environments.
Club Guru is not a bank, money transmitter, merchant acquirer, or payment processor. We do not take responsibility for processor uptime, settlement timing, chargebacks, card scheme rules, or third-party compliance obligations that apply directly to the customer's merchant relationship.
The customer remains responsible for taxes, pricing accuracy, refunds, disclosures, consumer obligations, and the lawfulness of every transaction processed through its account.
7. Customer data and privacy
As between Club Guru and the customer, the customer retains all right, title, and interest in customer data. The customer grants Club Guru a limited, non-exclusive right to host, copy, transmit, display, process, and otherwise use customer data only as necessary to provide, secure, support, maintain, and improve the service, and to comply with law.
Where Club Guru processes personal information on behalf of a customer, the customer is generally the controller or responsible party and Club Guru is generally the processor or operator. The customer is responsible for determining whether the service is appropriate for its regulatory environment and for ensuring lawful instructions and disclosures.
Your use of the service is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
8. Third-party services
Club Guru may rely on or integrate with third-party services such as hosting providers, payment processors, email delivery providers, analytics services, mapping providers, or customer-requested integrations. Those services are outside our direct control and may be governed by separate third-party terms.
We are not responsible for third-party products, services, content, availability, or security practices except to the extent required by law or expressly set out in a written agreement with the customer.
9. Intellectual property and feedback
Club Guru and its licensors retain all right, title, and interest in and to the service, software, interfaces, know-how, designs, templates, documentation, and all related intellectual property rights. No rights are granted except those expressly stated in these Terms.
Subject to these Terms and payment of applicable fees, we grant the customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the service for its internal business purposes.
If you provide suggestions, ideas, enhancement requests, or feedback, we may use them without restriction or obligation, provided we will not identify you publicly as the source unless you agree.
10. Confidentiality
Each party may receive confidential information from the other in connection with the service. The receiving party will protect the disclosing party's confidential information using reasonable care and will use it only as necessary to perform under these Terms or exercise rights granted by these Terms.
Confidential information does not include information that is publicly available without breach, already known without restriction, independently developed without use of the confidential information, or lawfully received from a third party without confidentiality obligations.
11. Availability, support, and changes
We aim to keep Club Guru available, secure, and performant, but we do not guarantee uninterrupted or error-free operation. The service may be unavailable or degraded due to scheduled maintenance, emergency maintenance, upgrades, security incidents, internet or infrastructure failures, third-party outages, or circumstances beyond our reasonable control.
Support, onboarding, implementation assistance, response times, and service commitments may vary by plan or by separate written agreement.
12. Suspension and termination
The customer may stop using the service at any time, but fees already due remain payable and subscriptions remain subject to the agreed term unless otherwise stated in writing.
We may suspend or terminate access immediately, or with notice, if we reasonably believe that:
- the customer or a user has materially breached these Terms
- the service is being used in a way that threatens security, integrity, legality, or the rights of others
- payment obligations remain outstanding after notice
- we are required to do so by law, court order, or a governmental authority
After termination or expiry, access may end immediately and customer data may be deleted in line with our retention practices, backup cycles, legal obligations, and any agreed export window.
13. Disclaimers
To the fullest extent permitted by law, the service is provided on an "as is" and "as available" basis. Club Guru disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the service will be uninterrupted, error-free, completely secure, or suitable for every customer's compliance requirements, internal processes, or intended outcomes. The customer is responsible for its own operational, legal, and compliance decisions.
14. Limitation of liability
To the fullest extent permitted by law, Club Guru will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or data, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Club Guru's aggregate liability arising out of or related to the service or these Terms will not exceed the total amount paid by the customer to Club Guru for the service during the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
15. Indemnity
You agree to indemnify and hold harmless Club Guru, its affiliates, and their personnel from claims, losses, liabilities, damages, costs, and expenses arising from or relating to your unlawful use of the service, your content or communications, your violation of these Terms, or your infringement of third-party rights.
16. Governing law
These Terms are governed by the laws of the Republic of South Africa, excluding its conflict of laws rules. Subject to any mandatory rights under applicable law, the courts of South Africa will have jurisdiction over disputes arising out of or in connection with these Terms or the service.
17. Contact
If you have questions about these Terms, you can contact us at:
Email: hello@clubguru.co.za