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Effective Date: 2024-11-25MyMembers Terms of Service

By creating an account, signing in, and/or using the services provided by MyMembers, you automatically agree to these Terms of Service.

Service Description

MyMembers is a comprehensive membership management and e-commerce platform designed for sports organizations, including, but not limited to, government-recognized bodies, clubs, insurance providers, and apparel retailers. The platform offers features such as membership management, product sales, voting systems for decision-making, and extensive reporting tools. Premium products offer additional capabilities, enhancing interaction with customers and providing advanced reporting and verification services.

User Registration and Account Management

User accounts can be created directly through our main sign-up screen, requiring only an email address to start. Accounts created by an administrator or primary account holder do not require an email, but such users cannot log in. Once created, accounts must be completed with personal and legal information including legal name, date of birth, sex, and contact details. Users must be of the age of majority in their jurisdiction or have parental or guardian consent.

User Responsibilities

As a user of MyMembers, you are expected to use our services responsibly. Below are actions that are prohibited on our platform:

  • Creating multiple accounts for abusive purposes.
  • Using the platform to conduct any form of harassment or illegal activity.
  • Attempting to interfere with or compromise the system integrity or security.
  • Uploading malicious software or viruses.
  • Using automated systems, such as robots, spiders, or offline readers, to access the service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period using a conventional web browser.
  • Misrepresenting your identity or affiliation to deceive others.
  • Attempting to reverse engineer, decompile, disassemble, or derive the source code of the software used by MyMembers.

Payment Terms

All payments for memberships and services through MyMembers are processed via Stripe's payment gateway. The processing fees charged by Stripe (currently $0.30 + 2.9% per transaction) are passed on to the customer at checkout. Because the processing fee applies to the total transaction amount—including the fee itself—the exact fee is calculated in advance to cover the full cost. This ensures that the processing fee is fully accounted for in the customer's total payment. The calculated fee is transparently displayed to the customer before completing the payment.
For premium products, MyMembers charges an additional fee of $2 per product per subscription term, plus applicable taxes (such as GST). This fee is withheld prior to transferring the balance to the organization providing the product.
Refunds are generally not accepted, except under extraordinary circumstances and at the discretion of the product provider. Renewals are consent-based and occur per the date asigned by the organization providing the product, aligned with the terms set by the product provider. Users may cancel at any time by accessing their subscriptions page.

Calculation of Processing Fees

The processing fee is applied to the total amount, which includes the fee itself. To determine the total amount payable, we use the following calculation:

  1. Determine the Base Amount: Start with the original order total before fees.
  2. Calculate the Adjusted Total: Divide the base amount by (1 minus the Stripe percentage fee) to account for the percentage fee applied to the total amount.
    Formula: Adjusted Total = Base Amount / (1 - Stripe Percentage Fee)
  3. Add the Fixed Fee: Add the Stripe fixed fee of $0.30 to the adjusted total.
  4. Round to the Nearest Cent: Round the result to the nearest cent to determine the total amount payable.
  5. Calculate the Processing Fee: Subtract the base amount from the rounded total amount to find the exact processing fee.

Example Calculation:
If the base amount is $100:

  1. Base Amount = $100
  2. Adjusted Total = $100 / (1 - 0.029) = $100 / 0.971 ≈ $103.09
  3. Total Amount = $103.09 + $0.30 = $103.39
  4. Rounded Total Amount = $103.39
  5. Processing Fee = $103.39 - $100 = $3.39

The customer will pay a total of $103.39, which includes the original $100 base amount and a $3.39 processing fee that covers the Stripe fees.
This method ensures that the processing fees are fully covered without additional costs to the organization providing the product or service. The exact processing fee is displayed to the customer at checkout for transparency.
The reason for this is that one checkout could potentially have multiple organizations with different preferences for how to manage the Stripe fees.

Intellectual Property Rights

MyMembers does not claim ownership of the content you or the organizations provide (such as registration data or uploads). However, by using the service, you grant us a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your information in our services for the purposes of operating, developing, providing, and using MyMembers. This license is for the limited purpose of operating and improving our services, and to develop new ones. This includes the right to sub-license these rights to third parties involved in these processes, such as cloud service providers.

Privacy and Data Usage

Refer to our Privacy Policy for detailed information on how we handle your data. Additionally, MyMembers uses your data to improve system functionality and for analytical purposes to better understand user needs and service improvements. With user consent, certain personal information may be used for promotional purposes.

Service Availability and Downtime

MyMembers aims for a service uptime of 99.99%. Scheduled maintenance and downtime will be communicated in advance through user notifications. During maintenance, access to the service will be redirected to a notification page informing users of the ongoing work. Service availability depends on third-party providers such as SendGrid, DigitalOcean, Stripe, and Vercel.

Termination and Suspension of Accounts

MyMembers reserves the right to suspend or terminate accounts that violate our terms, engage in malicious activities, or attempt to disrupt our services. Organizations have the authority to block users at various levels, and widespread blocks across multiple jurisdictions may lead to a national-level ban, as determined by administrative discretion. Users or primary account holders may request the deactivation or removal of accounts by contacting support.

Dispute Resolution

For disputes arising between MyMembers and users, or between MyMembers and vendors, we encourage contacting us directly to seek a resolution. If the dispute cannot be resolved directly, it will be settled by arbitration in Ontario, Canada, unless otherwise agreed upon. We reserve the right to pursue injunctive or other equitable relief at any competent court.

Modifications to the Terms

Any changes to these terms will be notified on the main membership page and, in future versions, through our notification system. Continued use of our services after such notifications constitutes acceptance of the new terms. Accessing public pages without logging in does not constitute agreement to these terms; however, engaging with any content requiring login implies acceptance of the current terms.

Limitations of Liability

MyMembers, including its officers, directors, and employees, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. your access to or use of or inability to access or use the service;
  2. any conduct or content of any third party on the service;
  3. any content obtained from the service; and
  4. unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Governing Law

The Terms of Service shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.