Terms and Conditions


1. Introduction

Welcome to Clubsocial's Terms and Conditions of Use (these "Terms"). This is a contract between you and Clubsocial Inc (as defined further below) and we want you to know yours and our rights before you use the Clubsocial application ("App"). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms.


2. Clubsocial Rules

Before you can use our App, you will need to register for an account ("Account"). In order to create an Account you must:

You can create an Account via manual registration by using your mobile phone number. For details about what information we use and how we use it, please see our Privacy Policy. Unfortunately, we cannot allow you to use another person's Account without permission.

We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.


3. Types of Content

There are three types of content that you will be able to access on the App:

  1. content that you upload and provide ("Your Content");

  2. content that members provide ("Member Content"); and

  3. content that the Clubsocial Inc provides ("Our Content").

There is certain content we can't allow on Clubsocial.

We want our users to be able express themselves as much as possible and post all sorts of things on Clubsocial, but we have to impose restrictions on certain content which:

Clubsocial operates a zero-tolerance policy for this kind of content.

3.1. Your Content

As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Clubsocial is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Clubsocial Users). By uploading Your Content on Clubsocial, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

3.2. Member Content

Other members of Clubsocial will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other Clubsocial users' personal information to the extent that your use of it matches Clubsocial's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information. 

3.2. Member Content

The rest of the Content belongs to us. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Clubsocial are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:

We reserve all other rights.


4. Restrictions on the app

You agree to:

You agree that you will not:

We don't like users misbehaving in the Clubsocial community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. 

Also, we don't appreciate users doing bad things to Clubsocial - we've worked hard on our creation, so scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.


5. Third Party Stores; Premium Services; In-app Purchases

The App may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorised by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorise us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Clubsocial Inc are made as well as how such payments may be changed or cancelled. Your subscription to the Clubsocial Inc’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.

Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, Clubsocial Inc does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, Clubsocial Inc and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.


6. Paid tickets for events and plans 

Clubsocial (“Platform”) allows users to charge guests for events and plans through paid tickets or cost per person (“Products”). We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any seller.

We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.

We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.

We are not an agent of any buyer or seller.

We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.

A buyer may place orders on the Platform as instructed on our Platform. A seller's acceptance of a buyer's order will take place when they accept it, at which point a contract will come into existence between the seller and the buyer. 

We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.

If you list an item on our Platform, you agree to comply with our rules for listing, content policies and selling practices from time to time in force. You are responsible for the accuracy, completeness and truth of the content of the listing and the Product offered. We reserve the right to modify, suspend or delete any listing that violates our rules, policies and practices, or to improve user experience.

We have full discretion in determining the appearance, placement and order of listings in search and browse results. The factors we may consider in making such a determination may include the buyer and seller's respective location, the search terms used, and the buyer and seller's respective history on the Platform.

You are responsible in keeping any content and information posted accurate and up to date. You should delete any listings that are no longer available.

You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or sell.

When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy or making a bid for any Product.

Any order placed in respect of a Product is deemed irrevocable and unconditional. In placing an order you agree to the Seller's Terms set out in the seller's listing for the Product.

You enter into a legally binding contract to buy a Product when you commit to buy a Product or your order for a Product is accepted.

If a buyer wishes to make a change to the Product he has ordered, please contact the seller. The seller has full discretion whether or not to accept the changes. The seller will let the buyer know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask the buyer to confirm whether he wishes to go ahead with the change. If the seller cannot make the change or the consequences of making the change are unacceptable to the buyer, the buyer may request to end the contract.

Sellers may make minor changes to their Products from time to time in order to: reflect changes in relevant laws and regulatory requirements; and implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect a buyer's use of the Product.

If a seller makes significant changes to their Products or the Seller's Terms for the Products, the seller will notify the buyer prior to the changes take effect. If the buyer does not accept the changes, the buyer may contact the seller to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

If a buyer becomes aware of any defect in all or part of the Products performed: the buyer must give notice in writing to the seller; where the Products reported are found to be defective the seller will, at its option, re-perform the services or refund the price of such defective Products. 

If a buyer is ending a contract for a reason set out below the contract will end immediately, the seller will refund the buyer for any Products which has not been provided: the seller has told the buyer about an upcoming change to the Product or the Seller's Terms for the Product, which the buyer does not agree to; the seller has told the buyer about an error in the price or description of the Product ordered and the buyer does not wish to proceed; there is a risk that supply of the Products may be significantly delayed because of events outside the seller's control; or the seller has suspended supply of the Products for technical reasons, or notifies the buyer that the seller is going to suspend them for technical reasons.

A buyer does not have a right to change his mind once services have been completed.

If a refund is due, a seller must make the refund to the buyer as soon as possible, in any event within one (1) month from the day the buyer informs the seller that the buyer wishes to end the contract.

A seller may end the contract for a Product at any time by writing to a buyer if: the buyer does not make any payment to the seller when it is due and still does not make payment within zero (0) days of the seller reminding the buyer that payment is due.

Where possible Clubsocial will facilitate an exchange to a new date, time or session for an order of the same or increased value. All exchanges will exclude any service fees applied to the order. In the case of refunds, Clubsocial will withhold any service fee paid as part of the order. The service fee is held to help cover the costs associated with processing your payment, refund and maintaining the system.

If an event is postponed then you are all set for the new date. Your current ticket will automatically roll over and there is no action required on your part. The event host may choose to offer refunds for those unable to attend the new date. Details of which will be sent to you. In the case of refunds, Clubsocial will withhold any service fee paid as part of the order. The service fee is held to help cover the costs associated with processing your payment, refund and maintaining the system.

If an event is cancelled your order will be cancelled and all funds will be refunded.

The price of the Product will be the price indicated on the order pages when a buyer places his order. Each seller must take all reasonable care to ensure that the price of the Product advised is correct. 

If a buyer thinks an invoice is wrong please contact the seller promptly to let them know.

All warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded; we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our Platform.

Nothing in these terms will limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict liability.

6.1. Service and payment processing fees

A standard service fee of 1.95% is imposed by Clubsocial on plan ticket or cost per person transactions.

It may take up to 4 business days to release the payout after the plan has ended. Once Clubsocial releases your payout, it undergoes processing before being transferred to your payment provider. Typically, this requires an additional 3-5 business days for the funds to settle in your account.

We use stripe for plan ticket or cost per person payments. The processing fee structure is as following:


7. Push Notifications; Location-based Features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Clubsocial services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@clubsocial.co.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.


8. Disclaimer 

The app, site, our content, and member content are all provided to you "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.

Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.

Additionally, we do not make any warranties that the app or site will be uninterrupted, secure or error free or that your use of the app or site will meet your expectations, or that the app, site, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the app or site is at your own risk. You are solely responsible for your interactions with other members. Clubsocial Inc is not responsible for the conduct of any user. Clubsocial does not conduct criminal background checks on its members.

Neither us nor any owner will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the app, site, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.

The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the app and site.

You hereby waive any and all claims arising out of your use of the app or site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed ten dollars ($10).

The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The app and site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.


9. Indemnity

All the actions you make and information you post on Clubsocial remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defence of any relevant claim.


10. Third Party App Store 

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

These Terms are concluded solely between you and Clubsocial Inc and not with the providers of the Third Party Store, and Clubsocial Inc (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Clubsocial Inc is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Clubsocial Inc.

Clubsocial Inc, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.


11. Miscellaneous 

These Terms, which we may amend from time to time, constitute the entire agreement between you and Clubsocial Inc. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Clubsocial Inc has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Clubsocial and provides that information on an "as is", "as available" basis. Clubsocial Inc does not give or make any warranty or representation of any kind about the information contained on Clubsocial, whether express or implied. Use of Clubsocial and the materials available on it is at your sole risk. Clubsocial Inc can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Clubsocial is free of viruses or other harmful components. You accept that Clubsocial will not be provided uninterrupted or error free, that defects may not be corrected or that Clubsocial Inc, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Clubsocial Inc is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

As Clubsocial grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of Clubsocial following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Clubsocial immediately.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

By using the App, you agree and acknowledge that Clubsocial is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Clubsocial, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the United States. By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

The Terms constitute a binding legal agreement between you as user (“you”) and Clubsocial Inc (“we” or “us”).


11. Privacy

For information about how Clubsocial Inc collects, uses, and shares your personal data, please see our Privacy Policy. By using Clubsocial, you agree that we can use such data in accordance with our Privacy Policy.