Terms & Conditions

Using Member Hub and managing your service

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Member Hub is operated by Daniel Draper, sole trader ("Member Hub", "we", "us" or "our"). These Terms cover our website, web application, mobile app, kiosks and related services (the "Services"). They explain the responsibilities of Member Hub, customer organisations and people using the Services.

Nothing in these Terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including applicable Australian Consumer Law guarantees. Our Privacy Policy explains how we handle personal information. Accepting these Terms does not replace any separate consent required by privacy law.

1. Your agreement with Member Hub

An "organisation" is the customer team, agency, business, association or other entity for which an account is provided. A "user" is a person who accesses the Services, including an administrator, member, visitor or form submitter. "Content" means records, messages, forms, files and other material supplied through the Services.

By accepting these Terms when arranging an account, or using the Services after they have been made available to you, you agree to the provisions relevant to your use. If you arrange a subscription or agree to an order for an organisation, you must have authority to act for it. Being invited as a member does not, by itself, make you personally responsible for the organisation's subscription fees.

Any quote, order or separate service agreement expressly accepted by us and your organisation sets out the agreed plan, fees and any special arrangements. A specific provision in that agreement takes precedence over an inconsistent provision in these Terms, subject always to rights that cannot be excluded by law. An invoice records agreed charges and payment details; it does not introduce new obligations that were not agreed. Our Service Level Agreement ("SLA") applies according to its scope, subject to these Terms and any expressly agreed service levels.

2. Accounts and authorised access

We grant authorised users a non-exclusive right to use the Services for their intended functions during the relevant service period, subject to these Terms and the agreed plan. This does not transfer ownership of the software or authorise resale of access.

  • Provide accurate account and contact details and keep them up to date.
  • Keep personal login credentials, passkeys, recovery codes and integration credentials secure. Use the designated kiosk or shared-terminal features where appropriate instead of sharing an administrator's personal login.
  • Use only accounts, records and functions you are authorised to access. Report accidental access to another person's or organisation's information and do not copy or disclose it.
  • Tell us promptly if you suspect compromised credentials or unauthorised use, and cooperate reasonably in securing the account.

Organisations are responsible for appointing authorised administrators, assigning appropriate permissions, managing invitations and removing access when it is no longer needed. Access within an account hierarchy depends on the relevant permissions; being a parent or related organisation does not by itself authorise access to all records. Users must also follow their organisation's lawful policies and instructions.

3. Acceptable use

You must not use the Services to:

  • Break the law, infringe intellectual property or privacy rights, impersonate another person, or submit records you know are false or misleading.
  • Send unlawful unsolicited messages, harass or threaten people, or distribute malware or other harmful material.
  • Bypass authentication, permissions, account boundaries, usage limits or security controls, or collect information you are not entitled to receive.
  • Deliberately disrupt the Services or place an unreasonable load on them, including through unauthorised bulk requests or automated extraction.
  • Copy, sell or exploit our software or branding without permission, except where permitted by law or an applicable third-party licence.

Use supported interfaces and authorised integrations. Before carrying out active security testing, obtain our written approval as described in our Responsible Disclosure Policy. These restrictions do not prevent permitted exports, lawful reporting of concerns, or the exercise of rights that cannot be restricted by contract.

4. Operational decisions and notifications

Member Hub helps organisations coordinate members, training, attendance, equipment, events, forms and communications. Your organisation remains responsible for operational decisions, verifying qualifications and records, assessing risk and meeting its own reporting and recordkeeping obligations. A status, approval, expiry indicator or report reflects the information and configuration available to the Services; it is not an independent certification of a person's competence, equipment safety or legal compliance.

Messages, alerts and location information can be delayed, inaccurate or unavailable because of connectivity, carriers, device settings, permissions or other failures. A delivery or read status does not establish that a person has understood or acted on a message. Confirm important communications and maintain appropriate alternative communication and emergency procedures.

The Services do not replace emergency telephone services or your organisation's authorised dispatch and incident procedures. Do not rely on Member Hub as the sole means of requesting emergency assistance or protecting life or property. These limitations do not remove our responsibility to supply the Services with the care and skill required by law or to meet our express commitments.

5. Your content and intellectual property

You, your organisation or the relevant rights holder retain ownership of content supplied to Member Hub. We do not acquire ownership of membership records, documents, photographs or other material merely because they are stored in the Services. You must have the rights and authority needed to provide that content and allow the uses described here.

You grant us permission to host, copy, process, transmit and display that content to provide, maintain, secure and support the Services, carry out authorised instructions and meet legal obligations. We may involve service providers for those purposes, subject to our privacy and confidentiality obligations. This permission includes necessary backups and technical formatting, and continues after service ends only to the extent needed for permitted retention or legal obligations. It does not give us a general right to publish your private content or use it in advertising.

You and your organisation choose the recipients of messages, reports, exports and published content. Check the audience and permissions before sharing; a recipient may retain a copy outside Member Hub. The software, design, branding and documentation supplied by us remain owned by us or our licensors. Third-party materials remain subject to their applicable rights and licence terms.

6. Privacy and confidentiality

Our Privacy Policy explains personal information handling, service providers, overseas processing, retention, access and complaints. Organisations must provide appropriate collection notices and obtain consent or other lawful authority where required, including for imported records, sensitive information and information about other people. Configure forms, audiences, directory visibility and permissions appropriately, and collect only information relevant to the activity.

Each party must protect the other party's confidential information with reasonable care and use it only for the service relationship or another authorised purpose. Disclosure is permitted to authorised users, personnel, providers and advisers who need it for those purposes and are subject to appropriate confidentiality obligations, or where required or permitted by law. This does not restrict information that is lawfully public, independently developed or lawfully obtained without a duty of confidence. The duty to protect confidential information continues after the service relationship ends.

7. Plans, invoices and payment

Features, member limits, fees, billing periods, trial conditions and any discounts are those agreed with your organisation. Free access or a trial does not itself authorise a paid subscription or a charge to a payment card. Any conversion to a paid service must be agreed. Confirm your plan with us if a published description and your agreed arrangement appear inconsistent.

Subscription billing is generally handled manually by invoice issued on the first of each month. Unless otherwise agreed, invoices are payable within seven days of issue. A different billing period or payment term must be agreed with your organisation. We will identify applicable taxes and the total amount payable before you agree to a purchase. These Terms do not themselves authorise automatic card charging.

Pay agreed, undisputed charges by the due date. If you believe an invoice is incorrect, contact us promptly with the details so we can review it. We will not suspend the service solely for non-payment of an amount that is genuinely disputed while you cooperate reasonably to resolve it; undisputed amounts remain payable. Any action for other overdue amounts will follow the notice and suspension process below.

We will give reasonable advance notice of proposed fee changes, sufficient for you to decide whether to continue before the next affected billing period. We will not change fees already agreed for a prepaid or fixed service period without your agreement. You may cancel before a proposed change takes effect. No fixed minimum term or early termination fee arises solely from these Terms; any such arrangement must be separately and expressly agreed and comply with applicable law.

8. Messaging and connected services

Organisations are responsible for the content, recipients and lawful sending of their messages. Where required by applicable messaging laws, obtain consent, identify the sender, provide a working unsubscribe method and honour opt-outs. An entry in a member list does not by itself establish permission to send marketing. Use sender identities and phone numbers you are authorised to use.

SMS may use prepaid Member Hub credits or your organisation's own provider account, depending on the agreed configuration. Credits are separate from subscription fees. Long messages or particular character sets may use multiple SMS segments per recipient; one composed message is not necessarily one credit. Provider acceptance or charging does not guarantee final delivery or a reply. Contact us about disputed usage or charges. Any expiry, refund or other special credit conditions must be disclosed and agreed at purchase, subject to statutory rights.

Connected services, payment processors, carriers, app stores and device platforms may have their own terms. Your organisation must authorise integrations and manage its own provider accounts and charges. Providers may affect availability or functionality, but using a provider does not remove our obligations for the Services we supply. We will explain any material effect on your agreed service and work reasonably to address it.

9. Availability, maintenance and support

We will use reasonable care and skill to operate and support the Services. Availability targets and support arrangements are described in the SLA or your separate service agreement. The Services may need maintenance, updates or urgent security work. We will give reasonable notice of planned material interruptions where practicable and work to minimise disruption. Contact us for support and consult the service status page for available status information.

You are responsible for suitable devices, internet access and supported software, and for enabling permissions needed for the features you choose. We cannot promise uninterrupted access or that every third-party device or integration will work in every circumstance. This does not reduce an agreed service level or any non-excludable guarantee. We maintain service backups, but these do not replace your organisation's own recordkeeping and continuity arrangements.

10. Cancellation and your records

An authorised organisation representative can request cancellation by contacting us. Unless a different arrangement is expressly agreed, ordinary cancellation takes effect at the end of the current billing period, or earlier if we agree. This does not restrict an earlier cancellation right under law or these Terms. We will confirm the effective date, any outstanding agreed charges and how to arrange access to records. Merely signing out, deleting the app or archiving a member does not cancel the organisation's subscription.

Before access ends, use the available export features or contact us to arrange the return of your organisation's records. We will provide a reasonable opportunity to retrieve content you are authorised to receive, subject to necessary security and legal restrictions. If special migration work is requested, we will agree any scope and cost in advance. No fixed post-cancellation storage period is promised by these Terms.

Cancellation does not automatically delete records. Retention and deletion follow our Privacy Policy, lawful organisational instructions and applicable obligations. We will assess refunds for prepaid services and unused credits under the agreed purchase terms, the reason for cancellation and applicable law. There is no blanket exclusion of refunds. If we end a paid service for our convenience, or you end it because of a materially adverse change under section 13, we will refund prepaid fees for the period we will no longer supply. Refunds required by law remain available in other circumstances.

11. Suspension and termination

We may restrict affected access, sending or content where reasonably necessary to address a material breach of these Terms, overdue undisputed charges, a credible security or safety risk, or a legal requirement. We will choose a response proportionate to the issue and limit its scope and duration where reasonably practicable.

Normally we will explain the issue, give notice and allow a reasonable opportunity to put it right before suspension or termination. Immediate action may be needed where delay would create a material risk, permit serious misuse or breach the law. In that case we will explain the action as soon as reasonably practicable, unless legally prohibited, and review it when the issue is resolved. Contact us if you believe action was taken in error.

Either party may end the service agreement for a material breach by the other that is not remedied within a reasonable period after written notice, or for a serious breach that cannot be remedied. If we discontinue a service for other reasons, we will give reasonable advance notice, provide an opportunity to retrieve records and deal with prepaid fees as described above. Suspension or termination does not automatically forfeit your records, payments or statutory rights. Fees are payable only to the extent properly due under the agreement and applicable law.

12. Liability limits, indemnity and consumer rights

12.1 Rights and liabilities that remain protected

Nothing in these Terms excludes or limits a consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited. Where Australian Consumer Law guarantees apply, you may be entitled to a remedy for services not supplied with due care and skill, not fit for an applicable disclosed purpose, or not supplied within a reasonable time where no time is agreed. Your remedies depend on the circumstances and applicable law.

The exclusions and monetary cap below do not apply to our fraud or wilful misconduct, death or personal injury caused by our negligence, or any liability that cannot lawfully be limited. They do not reduce a refund of prepaid fees for an unprovided service period that we expressly promise under these Terms. There can be no double recovery for the same loss.

12.2 Business services and consumer guarantees

For services of a kind not ordinarily acquired for personal, domestic or household use or consumption, where section 64A of the Australian Consumer Law permits it and it is fair and reasonable to rely on this limitation, our liability for failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again. If those conditions are not met, your statutory remedies remain unaffected. The monetary cap below does not further limit a remedy that the law requires us to provide.

12.3 Liability for paid and free Services

Free Services. A Service is free for this section only if it is supplied entirely without charge when the first event giving rise to liability occurs, no fees have been paid or are payable to Member Hub for that Service during the preceding 12 months, and it is not included in a paid plan or package. This includes qualifying free plans and free trials. Access through a paying organisation is not a free Service merely because an individual user pays nothing personally. Paid add-ons and messaging credits remain paid Services even if the underlying account is free.

Free Services are provided "as is" and "as available", and you choose whether to use and rely on them at your own risk. This does not remove our express commitments in these Terms or a separate agreement, or the rights and liabilities preserved by sections 12.1 and 12.2. Subject to those sections and to the maximum extent permitted by law, we exclude monetary liability arising out of or in connection with free Services, whether in contract, tort (including negligence), statute or otherwise. The A$1,000 paid-Service cap below does not apply to free Services.

Paid Services. For Services that do not meet the free-Service definition above, subject to sections 12.1 and 12.2 and to the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of:

  • A$1,000; and
  • the fees paid or payable to Member Hub for the affected Services during the 12 months immediately before the first event giving rise to the liability, excluding GST.

This is an aggregate limit for all claims under the relevant service agreement, not a separate limit for each claim. If you use the Services through an organisation, the fees used to calculate the limit are that organisation's fees for the affected Services. This cap sets a maximum potential recovery; it does not create an entitlement to compensation or remove the need to establish liability and loss.

The free-Service exclusion and paid-Service cap apply to claims concerning service interruption, loss or corruption of data, and privacy or confidentiality breaches only to the extent those claims can lawfully be excluded or limited.

12.4 Excluded losses and responsibility for loss

Subject to section 12.1 and to the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss. This includes loss of profit, revenue, anticipated savings, business opportunity or goodwill to the extent that it is indirect or consequential, rather than a direct result of the relevant breach. Reasonable direct costs of recovering or restoring data are not excluded by this paragraph, but remain subject to the applicable free-Service exclusion or paid-Service cap in section 12.3.

A party's responsibility is reduced to the extent the other party caused or contributed to the loss, where the law permits. Each party must take reasonable steps to limit avoidable loss. These provisions do not make you responsible for losses caused by our breach, negligence or unlawful conduct.

12.5 Organisation indemnity for specified third-party claims

The contracting organisation indemnifies Member Hub for reasonable losses, damages and external legal costs arising from a third-party claim, but only to the extent caused by the organisation's breach of these Terms through:

  • supplying content that infringes that third party's intellectual property or privacy rights;
  • sending unlawful messages through the Services; or
  • deliberately accessing another person's or organisation's records without authority.

This applies to acts of the organisation and users acting on its behalf within the authority it gave them. It does not apply to the extent a claim was caused or contributed to by Member Hub's breach, negligence, wilful misconduct, unlawful conduct or use of content outside the organisation's lawful instructions. An invited member does not personally give this organisation indemnity merely by using the Services.

We must notify the organisation promptly, provide reasonable cooperation and allow it a reasonable opportunity to control the defence with suitably qualified advisers. A delay in notice reduces the indemnity to the extent it prejudices the defence. Neither party may settle a claim in a way that admits fault or imposes an obligation on the other without that party's consent, which must not be unreasonably withheld. Recoverable amounts are limited to reasonable defence costs and amounts finally awarded or agreed in a settlement approved under this process. Neither party may recover twice for the same loss.

The organisation's total liability under this indemnity is capped at the greater of A$1,000 or the fees calculated using the paid-Service formula in section 12.3. This indemnity cap also applies to organisations using free Services; the free-Service exclusion limits Member Hub's liability, not this organisation indemnity. That indemnity cap does not apply to the organisation's own fraud or wilful misconduct. This indemnity does not transfer our own regulatory penalties or non-excludable legal obligations to the organisation.

12.6 Separately agreed customer contracts

These are the default liability arrangements. A separate contract signed by Member Hub and your organisation may expressly replace this section with different caps, indemnities or other risk allocations for the Services covered by that contract. Any replacement remains subject to rights and liabilities that cannot lawfully be excluded or limited. This section continues to apply after termination to claims arising from the Services.

13. Changes to the Services and these Terms

We may make changes reasonably needed to maintain or improve the Services, address security issues or comply with law. We will publish updated Terms with a revision date and give affected organisations reasonable advance notice of material changes, using their account contact details or an appropriate in-service notice. Changes will apply prospectively, and publishing new wording does not by itself rewrite an agreed fixed service period or override a separately agreed variation process.

If a proposed change materially reduces your agreed service or increases your obligations, you may end the affected service before it takes effect without an early termination penalty and receive a refund of prepaid fees for the unprovided period. If urgent legal or security circumstances require shorter notice, we will explain why and give notice as soon as practicable; your applicable cancellation and refund rights remain. We will seek express agreement where required. Changes to the SLA follow this same notice process.

14. Resolving disputes and applicable law

Contact us with the relevant account, facts and outcome you are seeking. We will review the issue and work with you in good faith to resolve it. This process does not prevent either party from seeking urgent relief, exercising statutory rights or contacting a regulator, court or tribunal with jurisdiction.

Applicable Australian law governs these Terms, subject to any mandatory law that applies to you. These Terms do not require you to bring a claim exclusively in a particular state or waive a forum available under applicable law. If a provision is unlawful or unenforceable, it is ineffective to that extent and the remaining provisions continue where they can operate independently. A delay in exercising a right does not by itself waive it.

15. Contact us

Daniel Draper, Member Hub
Service, billing and Terms enquiries: help@memberhub.com.au
Privacy enquiries: privacy@memberhub.com.au
Alternatively, use our contact form.

Please include your organisation or account name and a way to contact you. Do not send passwords or recovery codes. For a security vulnerability, follow our Responsible Disclosure Policy.

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