Software Minder Limited Terms of Use

Software Minder Limited (Software Minder & PTminder) offers an easy-to-use website that helps Personal Trainers manage their business. The system includes a Dashboard, Calendar, Client Management, Services, Payments & Reporting, as well as Mobile Applications.

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 MyWebsite 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 may not maintain more than one account and your login information may not be used by any other person (i.e. multiple people may not share a single log in).
  5. 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.
  6. 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.
  7. 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.).
  8. 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.
  9. 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.
  10. 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

  1. A valid credit card is required for set up of all paid Premium Plan accounts.
    NOTE: The name that will appear on your statement will be PTMINDER
  2. Charges for access to the Services are billed on a monthly 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.
  3. 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.

Cancellation & Termination

  1. You are solely responsible for properly cancelling your account. An email shall not be considered cancellation of your account or termination of these Terms of Use. You can cancel your account at any time by logging into Software Minder, clicking 'Settings', then clicking the 'Cancellation' button.
  2. 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

  1. 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

  1. 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 located at the bottom of this page.

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.
  9. Liability

  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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).

Software Minder Privacy Policy

This Privacy Policy (Policy) is incorporated by reference into the Software Minder Terms of Use. 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 this Policy.

In this Policy, "Personal Information" means information about an identifiable individual. All Personal Information that we hold about you will be collected, held, used and disclosed in accordance with all applicable privacy law.

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.

If you have any questions about our privacy practices, please refer to the end of this Policy for information on how to contact us.

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 this 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

In order for you to use the Services or the Website, a cookie or cookies may need to be installed on your computer. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your computer or be notified before a cookie is stored on your computer. However, if you reject or erase the cookies referred to above some our Website features or services will not function properly or may not be fully available. Please refer to your internet browser instructions if you want to find out more about rejecting or erasing cookies.

Disclosure and storage of your Personal Information

We will not disclose Personal Information with third parties except as described in this 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 this 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 this 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.

Questions?

Software Minder Limited is a company registered in New Zealand with our registered office being at being at Level 1, 1 Anzac Ave, Auckland 1010, New Zealand. Phone New Zealand: (+64) 9 887 9222 Australia: (+61) 2 8880 0771 UK: (+44) 115 824 2888 USA: (+1) 415 488 8809

Any questions about this Policy should be addressed to support@ptminder.com

Software Minder Limited credit card information security policy

Software Minder Limited uses two Payment Gateways for its online credit card transactions - Stripe and DPS.

Stripe

Stripe is a trusted and secure payment provider, to read their security policy please review https://stripe.com/help/security

DPS

- DPS processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.

- Payments are processed in real-time

- Software Minder Limited does not have access to your full card number, this credit card payment is secured by DPS

- DPS have bank grade security. All transaction details are stored in their PCI DSS compliant Data Centre

- DPS Payment Express Software is certified with over 200 banks globally

Visit www.paymentexpress.com for more info on online credit card payments.