These Terms are binding on any user of the Service and apply to You from the time that You access the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person and/or entity for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms may be updated from time to time, without notification. New Terms take effect the moment they are posted on the MindMyMinistry website. You are responsible for ensuring you are familiar with the latest version of these Terms. The latest Terms are available on the MindMyMinistry website.
"Access Fee" means the monthly fee (excluding any taxes and duties) as set out on the Website which is payable by You in consideration for Mind Software Ltd providing the Services and access to the Website. Mind Software Ltd may change the Access Fee from time to time after first providing You with notice.
"Data" means all information uploaded or provided by You (or with Your authority) to Mind Software Ltd for the purpose enabling Mind Software Ltd to provide the Services.
"Service" means the MindMyMinistry website and associated applications and services.
"Website" means the Internet site at the domain www.mindmyministry.com, www.mindmyministry.co.nz or any other site operated by Mind Software Ltd for the purpose of providing the Service.
"You" means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
Mind Software Ltd grants You the right to access and use the Service via the Website with the functionality available to You according to Your subscription type, as and when the Service is available for use. This right is non-exclusive, non-transferable, non-assignable, and limited by and subject to this Agreement. This right to use the Services is terminable by Mind Software Ltd at its discretion.
3.1. The Access Fee is payable in advance for the following one month of use. You will continue to pay the Access Fee monthly until this Agreement is terminated. On request, invoices will be sent to You, or to a financial contact, as advised by You. You must pay or arrange payment of all Access Fees by the due date. You are responsible for payment of all taxes and duties (if any) in addition to the Access Fee.
3.2. You must only use the Service and Website for Your own lawful internal purposes, in accordance with these Terms and any notice sent by Mind Software Ltd or condition posted on the Website.
3.3. Access conditions:
3.4. Use of the Service may be subject to limitations, including but not limited to email and SMS messaging volumes. Any such limitations will be advised, and these limits may change from time to time. If excessive volumes of messages are sent Mind Software Ltd may add a fee for these messages in addition to the Access Fee. A fee will not be added to Your invoice without prior notification.
3.5. If You use any communication tools available through the Website (including but not limited to any notice board, forum, email service or SMS messaging service), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that Mind Software Ltd may consider to be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Website, You represent that You are permitted to make such communication. Mind Software Ltd is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. You must exercise caution when using the communication tools available on the Website. However, Mind My Ministry does reserve the right to remove any communication at any time in its sole discretion.
Mind Software Ltd reserves the right to suspend user accounts at its discretion, at any time and without notification or warning should it be of the view that you in breach of your obligations under these Terms.
Mind Software Ltd will make the best endeavours to ensure that the Website and Services remain online and available. However, Mind Software Ltd accepts no liability should the Services be no longer available or You are unable to access the Website. No responsibility is assumed by Mind Software Ltd for the loss or corruption of any of the Data held.
Mind Software Ltd does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the Website, the operation and availability of the systems used for accessing the Service, including computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Mind Software Ltd is not in any way responsible for any such interference or prevention of Your access or use of the Services.
Mind Software Ltd gives no warranty about the Services. Without limiting the foregoing, Mind Software Ltd does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
7.1. You expressly acknowledge and agree that:
8.1. For the purposes of this clause 8 "Intellectual Property" means:
8.2. Title to, and all Intellectual Property is (and remains) the property of Mind Software Ltd (or its licensors).
8.3. Ownership of Data: Title to, and all Intellectual Property in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Mind Software Ltd Access Fee when due. You grant Mind Software Ltd a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You and other organisations to access and use the Services and for any other purpose related to provision of services.
8.4. You must maintain copies of all Data inputted into the Service. Mind Software Ltd has measures in place to prevent data loss, including system data back-up, but does not make any guarantees that there will be no loss of Data. Mind Software Ltd expressly excludes liability for any loss of Data no matter how caused.
9.1. Consumer Guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
10.1. When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from 1 month after the day on which you signed up for the trial.
10.2. Mind Software Ltd will not provide any refund for any prepaid Access Fees.
10.3. These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 7 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
10.4. Continuing Obligations: On termination of this Agreement, all provisions of this Agreement that are intended to do so will continue in full force and effect (including, without limitation, clause 3.1, 6, 7, 8, 9, 10, 11, 12 and 13).
a) breach any of these Terms (including, without limitation, by non-payment of any Access Fees)
b) breach any of these Terms and the breach is not capable of being remedied; or
c) You or Your organisation become insolvent or Your organisation goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,Mind Software Ltd may take any or all of the following actions, at its sole discretion:
d) Terminate Your (and Your organisation’s) right to access and use of the Services and the Website;
e) Suspend for any definite or indefinite period of time, Your (and Your organisation’s) use of the Services and the Website;
f) Suspend or terminate access to all or any Data.
g) Cease storage of any Data input into the Service by You or your organisation.
h) Take either of the actions in sub-clauses d), e) f) or g) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will
These Terms, together with any other notices or instructions given to You under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Mind Software Ltd relating to the Services and the other matters dealt with in these Terms.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Mind Software Ltd must be sent to email@example.com or to any other email address notified by email to You by Mind Software Ltd. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
These terms and conditions will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law. You will not object to the exercise of jurisdiction by the New Zealand Courts on any basis. Mind Software Ltd may, in its absolute discretion, pursue an action in Your relevant jurisdiction and You hereby consent to any such action being taken by Mind Software Ltd (or its agents, representatives or employees) in Your relevant jurisdiction if deemed necessary by Mind Software Ltd.