Terms of Service

What you need to know

Terms of Service

Software Minder Limited (PTminder) is a software company which specialises in providing cloud-based business management tools for businesses within the Health & Fitness industry.

By using any of software or applications (together the Services) offered by PTminder, you (as the account owner) agree to be bound by the following terms and conditions (Terms of Service).

PTminder reserves the right to update and change these Terms of Service from time to time without notice. Any new features or functionality added to the current Services offered by PTminder, shall be subject to these Terms of Service. By continuing to use the Services you accept these Terms of Service as changed, edited or revised from time to time. If you do not agree to these Terms of Service, please refrain from using the Services.

Any breach of these Terms of Service will result in the termination of your account. You understand and agree that PTminder 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.

In order to make full use of the Services you may also be required to enter into agreements with third party billing providers.  Your relationship with them will be governed by their terms.


Account terms

  • PTminder is not responsible for and does not endorse or accept any responsibility for the contents of or your use of the 'Client Area' site. PTminder 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 PTminder.
  • 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 PTminder will always be accurate, correct and up to date.
  • You must be over 18 years of age to create an account and use PTminder’s Services.
  • Accounts registered by "bots" or other automated methods (including the use of scripts or web crawlers) are not permitted.
  • 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 PTminder 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 PTminder immediately.
  • You consent to receive communications and notices from PTminder electronically. PTminder will communicate with you by e-mail, live chat, or by posting notices on the www.ptminder.com site. You agree that all agreements, notices, disclosures and other communications that PTminder provides to you electronically satisfy any legal requirement that such communications be in writing.
  • 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 the transmission of data or software to and from New Zealand or other relevant countries, etc.).
  • 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 PTminder 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 Licence). This IP Licence 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.
  • You understand that PTminder 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.
  • You shall not modify, adapt, access without authorisation or hack the Services or modify another website  so as to create the impression that it is associated with the Services, PTminder, or any other entity affiliated with PTminder.
  • 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 PTminder.
  • PTminder may, but have no obligation to, remove User Content or other information and accounts containing any information that PTminder determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement.
  • You understand and agree that 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.
  • You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.


Limitation on Provision of Services

  • PTminder does not provide any guarantee, warranty or representation that the Services will be error free, or without disruption or interruption.  There may be times when the Services are not available at all or only in part.
  • PTminder reserves the right at any time to modify the Services (or any part thereof) with or without notice.
  • You expressly understand and agree that to the extent permitted by law PTminder 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 PTminder has been advised of the possibility of such damages), resulting from your use of the  Services or your use of third-party products or services accessible via the Services.

Payments & refunds

  • A valid credit or debit card is required for set up of all paid plan accounts.
  • Charges for the Services (Fees) are billed on a monthly or annual basis and are non-refundable except as expressly stated in these Terms of Service. There will be no refunds or credits for partial use of the Services, upgrade/downgrade refunds, or refunds for months unused with an active account except as expressly stated in these Terms of Service.
  • All Fees 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 the  Fees, excluding only New Zealand taxes when applicable. You agree that PTminder may add such charges to your credit card for payment.
  • PTminder is PCI compliant and uses third party service providers as its payment processors.  These third party service providers have their own terms and security policies.


Cancellation & termination

  • You are solely responsible for properly cancelling your account. You can cancel your account at any time by logging in to the 'Plan & Billing' area and submitting the 'Cancel My Account' form.
  • PTminder, 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 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.  Where PTminder terminates your account (except where it is terminated because payment is overdue or because you have breached any of these Terms of Service) PTminder will refund you any Fees that you have paid that relate to the period to which you cannot use the Services.
  • PTminder reserves the right to refuse to provide any of the Services to anyone for any reason at any time.


Modifications to services and pricing

Upon notice to you, PTminder may increase any fees payable by you, provided the increase will not become effective until the expiration of any term that you subscribe to receive the Services .  .

PTminder may also convert any free, trial or beta Service into a Service that is subject to a fee (“Subscription Fee”) upon notice to you.  You will not be permitted to use the Services if you do not pay the Subscription Fee.


General

  • Except as expressly provided in these Terms of Service, PTminder excludes all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
  • The failure of PTminder to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  • The Terms of Service constitutes the entire agreement between you and PTminder and govern your use of the Services, superseding any prior agreements between you and PTminder (including, but not limited to, any prior versions of the Terms of Service).
  • If any of these Terms of Service are or become invalid, void, illegal or unenforceable, to the extent permitted by law, the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.  
  • The use of the Services and these Terms of Service shall be governed by the laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the New Zealand courts.


Privacy

PTminder is committed to respecting your privacy when you use and submit Personal Information to us.  PTminder will use any personal data that you provide to PTminder in accordance with PTminder’s Privacy Policy.


Questions?

For questions or concerns regarding the Terms of Service you may contact us.

Address: PO Box 25600, St Heliers 1740, Auckland, New Zealand.
E-mail: privacy (@) ptminder.com
Phone: +64 9 887 9222