ClubDesk terms and conditions

These terms

By running a club on ClubDesk, or by registering and making a booking, you agree to these terms and to the ClubDesk privacy policy. If you agree for a club, you confirm you have authority to bind it.

A written plan or order form can change price or scope for that club. If it conflicts with these terms on that club, the written document wins, except where these terms protect a right the law does not let either of us sign away.

If you are a consumer, you keep the rights the law gives you. These terms do not take those away. Gayn, NexQ, and the OptiOrg mailbox tools are covered by the OptiOrg terms, not by this page.

Who we are

HMG AI LTD, company number 16147848. Registered office: Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom. We trade as OptiOrg and NexQ. ClubDesk is a product of that company. We are not VAT registered, so a platform fee we charge a club is the total amount payable. No VAT is added.

Contact leads@optiorg.ai or +443300243335:+44 330 024 3335.

The service

ClubDesk gives a club a site on its own optiorg.ai address. Parents can search classes, book a free trial, a term, or pay as you play, add more than one child, and pay the club. Staff manage classes, venues, contacts, messages, and payments for that club.

We provide the software with reasonable care. Class times, prices, venues, and whether a place is available are set by the club. A demonstration club may run on sandbox payments, which do not charge a real card.

Clubs

The club agrees that:

• the staff it adds are its responsibility
• it will only connect a Google account, a Stripe account, a PonchoPay account, or messaging credentials it has authority to connect
• it has a lawful basis for the personal data it stores, including a condition the UK GDPR allows where it stores health data
• it will collect its own consent before it sends marketing, and it will not treat a tick given to a different club as consent for itself
• it will keep staff sign-in details private and tell us if an account is compromised
• the prices, dates, and descriptions it publishes are accurate

Staff of one club cannot use another club’s dashboard. The club must not try to bypass that.

Parents

You must be 18 or over to register. You book for yourself as the parent or carer, and you add the children who will attend. You confirm you have parental responsibility for those children, or the parent’s permission to book and to supply their details.

The contract for the class, the coaching, and a refund of the class fee is with the club. We provide the booking software. Questions about a session, a cancellation, or a refund go to the club. Email leads@optiorg.ai:leads@optiorg.ai if you cannot reach the club and we will pass it on.

Children

ClubDesk stores the child details the parent or the club enters so the club can run the class. Date of birth and medical or welfare notes are encrypted. They are shown to that club’s staff. We do not create a child account, and we do not market to children.

The club is responsible for using children’s data lawfully, for telling parents what it collects, and for who on its staff can see medical notes. We process that data for the club, as described in the privacy policy.

Payments

Class fees are charged by the club, through the club’s own Stripe account or the club’s own PonchoPay account, at the price the club displayed. Stripe can take cards, Apple Pay, Google Pay, and Pay by Bank where the club has switched those on. PonchoPay can take childcare vouchers and Tax-Free Childcare. The club can include a child’s name and a phone number with a PonchoPay payment. It cannot use that switch to send a wider copy of the family record.

We do not hold the class fee and we do not store the full card number. Payment keys the club pastes into settings are stored encrypted and are not shown again. A refund of a class fee is the club’s decision and goes back through the account that took the payment.

Parent payments by GoCardless direct debit are not offered on a live club.

Google Calendar

A club admin may connect a Google account from that club’s address. The connection can read the account’s email address, list calendars, and create or update events on the calendar the club picks. It does not read Gmail. The scopes are listed in the privacy policy.

The club confirms it has authority to connect that Google account and to write class events onto the calendar it selects. Tokens are stored encrypted for that club. Disconnecting stops new syncs. The club deletes events that remain in Google if it no longer wants them there.

Acceptable use

You will not use ClubDesk to:

• break the law, or help someone else break it
• send malware, probe the service without permission, or overload it
• open another club’s data, or pretend to be another club
• store children’s data you have no right to hold, or medical notes you do not need to run the class
• send marketing that ignores an opt-out, or message people you have no right to contact
• take payments for a class you are not entitled to sell

We can remove content or pause a club where we need to, to meet this section. Where we can, we will tell the club what we removed and why.

Fees

A parent pays the club the class price the club set. That price is not a fee to HMG AI LTD.

Any fee a club pays us for ClubDesk is the fee in the plan or the order we both accept. Invoices are due on the date they state. If an invoice is overdue and we have reminded the club, we can pause the club’s ClubDesk site until it is paid. Places parents have already paid the club for are the club’s responsibility during a pause.

Intellectual property

The ClubDesk name, the software, and the design of the app belong to HMG AI LTD or our licensors. A club receives a right to use ClubDesk for its own classes while its account is in good standing. The club does not acquire the software. The club must not copy it or resell it as its own product.

Class descriptions, logos, and family records the club or a parent supplies stay theirs. They give us a licence to host and process them so we can provide ClubDesk, keep a backup, and meet the law.

Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not let us limit.

The club is responsible for the class, the coaching, the venue, the accuracy of its prices, and the safety information it asks parents to provide. We are responsible for providing the software with reasonable care.

Otherwise, our total liability to a club arising out of ClubDesk in any 12-month period is capped at the fees that club paid us for ClubDesk in the 3 months before the claim. Our liability to a parent for the software is capped at the same amount the club paid us in those 3 months, or £100 if that club paid us nothing. We are not liable for lost profit, a lost booking, or other indirect loss, to the extent the law allows that exclusion.

We are not liable for a payment that failed because the club’s Stripe or PonchoPay account was in test mode, mis-keyed, or refused by the provider, or for a Google calendar the club connected without authority.

Ending the service

A parent can close a ClubDesk account by emailing leads@optiorg.ai?subject=Delete%20my%20ClubDesk%20account:leads@optiorg.ai with the subject “Delete my ClubDesk account”. Deletion is described in the privacy policy, including the 30-day window and the payment records we have to keep.

A club can end ClubDesk by emailing leads@optiorg.ai. We will agree a handover of the records the club is entitled to, and then close the club’s address. Fees for a period already provided stay payable.

We can end or pause the service if you break these terms and do not fix it within 14 days of us writing to you, or immediately if the break is serious, unlawful, or a risk to children or other people.

Changes, law, and contact

We can update these terms. The date at the top of the page is the latest version. If a change materially affects a paying club, we will email the club at least 14 days before it applies. If the club does not agree, it can end ClubDesk before that date.

These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that a consumer in the UK may also bring a claim in their home courts where the law gives them that right.

HMG AI LTD, Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom. leads@optiorg.ai:leads@optiorg.ai. +443300243335:+44 330 024 3335.

Also read the ClubDesk privacy policy and the ClubDesk terms. Questions go to leads@optiorg.ai:leads@optiorg.ai.