These are the Terms of Use (TOU) between you and NF Software Pty Ltd (us) which govern your use of this website and our services (henceforth referred to as the “Member Wizard site”). They include any site usage guidelines that appear on the Member Wizard site or other service updates we may post from time to time.
1. By using the Member Wizard site you agree to this TOU and to our Privacy Policy. It is your responsibility to read this TOU and our Privacy Policy before you register. By registering for a subscriber account you confirm that you will comply with all relevant laws and that your use of the Member Wizard site is lawful.
2. From time to time we may update these TOU's or our Privacy Policy. Should this occur then we will email you advising of these changes. It is your responsibility to ensure that the email address you have registered with us is up-to-date.
3. These TOU and your rights and obligations under them are not transferable by you to any other person. We may transfer our rights and obligations to the purchaser upon any sale of all or part of our business. We reserve the right to change or discontinue the Member Wizard site at any time.
4. By uploading or otherwise entering content on the Member Wizard site you confirm that you have the right to do so (including the posting of personal information of any other person). With the exception of your content we own the Member Wizard site and all rights to it. We are not responsible for any data provided by you or any other user of the Member Wizard site. You are responsible for maintaining the security of your registration on the Member Wizard site and for all activity in relation to your account including any content posted to the site using your account.
5. While making all efforts to ensure availability of the Member Wizard site we offer no warranties of its performance or availability. The Member Wizard site is provided on an “as is” and “as available” basis.
6. We and our suppliers shall not be liable for any damages of any kind either tangible or intangible such as loss of profits, data, goodwill etc. You agree that you shall indemnify and hold us and our suppliers harmless of any cost, loss, claim or expense made by any party in relation to your use of the Member Wizard site.
7. Subscription fees to Member Wizard are described on the Member Wizard web site and are subject to change as described in the paragraph below. Should your account not be paid within 60 days following the expiration of your current subscription period we reserve the right to provide read only access to your database. This means you will not be able to update or add data but you will be able to read and download your current data. If your account is not renewed within 90 days of the date of subscription expiration then we reserve the right to remove your data from the servers and terminate your access (for Free accounts this period is 60 days from the last time you logged in). We are not responsible for the retrieval or restoration of your data should you renew your account more than three months after it becomes due.
8. Free 30 day Trial. We offer all new clients 30 days free full use of Member Wizard. Should you wish to continue your subscription to the application after that 30 days your annual subscription will date from the start of you trial period. Free 30 day Trial. We offer all new clients 30 days free full use of Member Wizard. Should you wish to continue your subscription to the application after that 30 days your annual subscription will date from the start of you trial period. Should you use your 30 day trial period to run evaluation on test data or in a test account then your trial period will start from the upload of test data.9. Should your organisation's active member database increase or decrease during a subscription period to be greater than the maximum allowable or less than the number specified for your level of membership then we will automatically adjust your membership subscription level at the subsequent monthly subscription payment period.
10. Refunds. Should you wish to cancel your membership at any time during the current subscription period beyond the initial 3 month free trial period then a refund for the remainder of your subscription shall be processed by NF Software Pty Ltd within 30 days of written notification from you. Refund will be for the pro-rata amount remaining of your subscription less any financial fees associated with the refund.
11. All fees quoted on the Member Wizard site are in Australian dollars and are exclusive of all taxes, financial charges, levies or duties imposed by the relevant taxing authorities of any country. If your organisation is based in Australia and GST is applicable to your Member Wizard subscription, then it will be added to your subscription payment. You are responsible for payment of all taxes, levies or duties imposed by the relevant taxing authorities for any dues you may collect through the Member Wizard site.
12. Member Wizard Monthly subscriptions are payable only automated Direct Debit or Credit / Debit Card through Stripe payments. Subscriptions for Annual or Biennial membership can also be paid by direct deposit or Stripe .
13. These TOU will continue in force until terminated by either you or us. We reserve the right to terminate without prior notice your access to the Member Wizard site for the following reasons including but not limited to:
- If you breach or facilitate any breach or violation of these TOU
- If your subscription with us falls into arrears by more than 90 days or if you are have a Free subscription then if you have not accessed or logged into your database for more than 60 days.
- If we suspect that you have engaged in any unlawful activity in connection with the Member Wizard site.
Should we terminate your access you shall not be entitled to any refund for any remaining period of your subscription.
14. Any claims concerning this TOU or your use of the site which require legal resolution shall be heard in the appropriate Court in Brisbane, Australia and will be decided under the laws of Queensland, Australia.
These TOU and the Privacy Policy posted on the Member Wizard site constitute the entire agreement between you and us and govern your use of the Member Wizard site and by using the Member Wizard site you indicate your agreement to these Terms and Conditions.