Terms of Use

Software Minder Limited (Software Minder & PTminder) offers a cloud-based Web & Mobile platform which helps Personal Trainers manage their business.

By using any of the software, applications or Web sites (together the Services) offered by Software Minder, you (as the account owner) agree to be bound by the following terms and conditions (Terms of Use). Software Minder reserves the right to update and change these Terms of Use from time to time without notice. Any new features or functionality added to the current Services offered by Software Minder, shall be subject to these Terms of Use. By continuing to use the Services you accept these Terms of Use as changed, edited or revised from time to time. If you do not agree to these Terms of Use, please refrain from using the Services.

Any breach of these Terms of Use will result in the termination of your account. You understand and agree that Software Minder is not responsible for content posted by you or other users of the Services (User Content). You agree to use the Services at your own risk.


Account Terms

  1. Software Minder is not responsible for and does not endorse or accept any responsibility for the contents of or your use of the 'Client Area' site. Software Minder makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness or completeness of any information supplied by you, or others not affiliated with Software Minder.
  2. In order to use the Services you will be required to provide your legal full name, a valid email address, credit card for purposes of payment, and any other information requested as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to Software Minder will always be accurate, correct and up to date
  3. Accounts registered by "bots" or other automated methods (including use of scripts or web crawlers) are not permitted.
  4. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account. Therefore, you agree that you will be solely responsible to Software Minder or its affiliates for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Software Minder immediately.
  5. When you visit www.ptminder.com (Website) or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on the www.ptminder.com site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  6. You may not use the Services for any illegal or unauthorised purpose. You must not, in using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws, export laws regarding transmission of data or software to and from New Zealand or other relevant countries, etc.).
  7. For content that is covered by intellectual property rights (e.g. photos, videos , digital images and any other type of data) (IP Content), you grant Software Minder a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the use of the Services (IP License). This IP License ends when you delete your IP Content or your account, unless your IP Content has been shared with others, and they have not deleted it. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you acknowledge that deleted content may persist in backup copies for a reasonable period of time.
  8. Software Minder reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Website or the Services (or any part thereof) with or without notice.
  9. You expressly understand and agree that to the extent permitted by law Software Minder will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Software Minder has been advised of the possibility of such damages), resulting from your use of the Website or the Services or your use of third-party products or services accessible via the Services.

Payments & Refunds

A valid credit card is required for set up of all paid plan accounts.
NOTE: The name that will appear on your statement will be PTMINDER

Charges for access to the Services are billed on a monthly or annual basis and are non-refundable. There will be no refunds or credits for partial months of use of the Services, upgrade/downgrade refunds, or refunds for months unused with on an active account.

All charges for access are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in addition to your monthly access account fees, excluding only New Zealand taxes when applicable. You agree that we may add such charges to your credit card for payment as part of your monthly account fees.

Software Minder is PCI compliant and uses Stripe as its payment processor. Stripe is a trusted and secure payment provider, to read their security policy please review https://stripe.com/help/security. Software Minder does not hold any creditcard information on its servers.


Cancellation & Termination

You are solely responsible for properly cancelling your account. You can cancel your account at any time by logging in to the 'Billing' area and submitting the cancellation form.

Software Minder, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Software Minder Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of your account with no refund, or your access to your Account, and the forfeiture and relinquishment of all User Content in your account. Software Minder reserves the right to refuse to provide any of the Services to anyone for any reason at any time.


Modifications to Services and Pricing

Prices for all new Services (excludes existing accounts), including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Website.


Copyright & Content Ownership

All User Content posted on the Services must comply with all applicable copyright laws. By using the Website and the Services you agree to adhere to Software Minder's copyright infringement notification process.


General Conditions

  1. You understand that Software Minder uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Services. These vendors and partners may have access to User Content, profile pages, account information or any other information submitted via the Services.
  2. You shall not modify, adapt, access without authorisation or hack the Services or modify another Web site so as create the impression that it is associated with the Services, Software Minder, or any other entity affiliated with Software Minder.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission of Software Minder.
  4. We may, but have no obligation to, remove User Content or other information and accounts containing any information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Software Minder user, customer, employee, member, or officer will result in immediate account termination with no refund.
  6. You understand and agree the technical processing and transmission of the Services, including your User Content, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  7. You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
  8. You must not transmit any worms or viruses or any code of a destructive nature.

Liability

  1. Except where prohibited by law, the material on the Website is provided on an "as is" basis and Software Minder gives no warranty and make no representation regarding the accuracy or completeness of the content of the Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and liability is excluded in respect of losses or damages arising out of such unavailability.
  2. Nothing in these Terms of Use shall limit or exclude our liability to you for fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude, or attempt to exclude, liability.
  3. Access to and use of the Website and the Services is at the user's own risk and we do not warrant that the use of the Website or any material downloaded from it will not cause damage to any property or data, including but not limited to loss of data or computer virus infection. We exclude liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Website.
  4. Subject to the other provisions of this Section, Software Minder will not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) arising from any claim arising out of or in connection with the use of the Website or the Services, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
    • (a) any indirect, special or consequential losses;
    • (b) any losses or damages arising out of changes made to the content of this Website by unauthorised third parties; or
    • (c) loss or damage to your, or any third parties', data or records.
    Except as expressly provided in these Terms of Use, Software Minder excludes all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
  5. The failure of Software Minder to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Software Minder and govern your use of the Services, superseding any prior agreements between you and Software Minder (including, but not limited to, any prior versions of the Terms of Use).

Data Privacy Terms

Software Minder is committed to respecting your privacy when you use and submit Personal Information to us, including via the Website. We have structured our Website so that, in general, you can visit the Website without identifying or revealing any Personal Information. Once you choose to provide us with any information by which you can be identified, then you can be assured that it will only be used in accordance with the Privacy Policy.

You do not have to provide personal information to access the Website, but if you do not supply certain information then you will not be able to access some of the areas and facilities on the Website.


Types of Information We Collect and What We Do With It

When you register for the Services we ask for information such as your name, business name, email address, credit card information. We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages visitors to our Web site(s) access or view, and information voluntarily provided to us (such as survey information and/or account registration information).

The information we collect is used to improve the content of our Website and the quality of our Services, and is not shared or sold to third parties for commercial purposes, except to provide products or services you've requested, when we have your permission or as otherwise required by law.

In the event of any change of control or name change Software Minder reserves the right to assign the terms of the Privacy Policy and Terms of Use to such new party. Software Minder will provide you with notice of such assignment via the email address provided in your account information. You may not assign this agreement without the written permission of Software Minder.


Cookies

What is a cookie?
Cookies are small text files sent by us to your computer or mobile device. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To find out more about cookies, visit http://www.allaboutcookies.org/

Does Software Minder use cookies?
Yes. Software Minder uses cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. Software Minder sets and accesses our own cookies on the domains operated by Software Minder and its corporate affiliates. In addition, we use third party cookies, like Google Analytics.

How does Software Minder use cookies?
Some cookies are associated with your account and personal information in order to remember that you are logged in and which workspaces you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things. Cookies can be used to recognize you when you visit a Site or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure.

How are cookies used for advertising purposes?
Cookies and other ad technology such as beacons, pixels, and tags help us market more effectively to users that we and our partners believe may be interested in Software Minder. They also help provide us with aggregated auditing, research, and reporting, and know when content has been shown to you.

What can you do if you don't want cookies to be set or want them to be removed, or if you want to opt out of interest-based targeting?
Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust.


Disclosure and storage of your Personal Information

We will not disclose Personal Information with third parties except as described in the Privacy Policy, unless we have your consent to do so or such disclosure is required by law.

Where we do disclose your Personal Information to third parties, we do so for a permitted purpose only and will use reasonable efforts to make those parties aware of the terms of the Privacy Policy.

Third party service providers: We may share your Personal Information with certain service providers who provide services for us or perform administrative or marketing activities on our behalf, or who develop, host or maintain the Website. These service providers may be granted access to some or all of the Personal Information you provide or we collect, but shall be restricted from using the Personal Information you provide other than as is reasonably necessary to perform their services for us.

We may also use service providers to assist us in aggregating and anonymising such information, so that it does not include any information from which any individual can be identified. We do not consider such aggregated and anonymised information to be Personal Information, and its use is not subject to the Privacy Policy.


Access and update of Personal Information

You can ask to access and review the Personal Information we hold about you or our third party service providers hold on our behalf. You can also request us to update or correct any Personal Information we hold about you or our third party service providers hold on our behalf.

You can lodge a request for access by sending an email to support@ptminder.com

All of your data is accessible to our customer support team for the purposes of troubleshooting and helping with problems when you request assistance. We will seek your approval first in each case before accessing your data.


Privacy & Data Protection

Software Minder Limited (Software Minder & PTminder) is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Software Minder Limited, usage and disclosure of this personal information is governed by the Privacy Policy & Notice

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Software Minder Limited and use of personal information of any European residents is also subject to our Privacy Policy & Notice

Software Minder Limited is with users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Software Minder Limited. As part of our service, we may transfer your personal information to other regions,. In order to ensure that your information is protected when transferred out of the EEA.

If you are located in the EEA, you have certain rights under European law (GDPR) with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. If you are a merchant, a partner, a visitor of Software Minder Limited websites, or a user of Software Minder Limited support services and wish to exercise these rights, please reach out to us using the contact information below. If you are a buyer and wish to exercise these rights, please contact the merchants you interacted with directly -- we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

Additionally, if you are located in the EEA, we note that we are generally processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above, unless we are required by law to obtain your consent for a particular processing operation.


Questions?

For questions or concerns regarding the Terms of Use or Privacy Policy, you may contact us at privacy@ptminder.com.

Software Minder Limited is a company registered in New Zealand with address PO Box 25600, St Heliers 1740, Auckland, New Zealand.

You can find our Privacy Policy here.