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Terms of service

Last updated: July 2026 · Australian B2B club SaaS · Summary for counsel review

Counsel review required before paid acquisition

This page is a production-oriented summary for Australian incorporated associations, companies limited by guarantee, and unincorporated clubs. It is not legal advice and must be replaced or signed off by qualified Australian counsel before enterprise contracts, paid marketing, or broad member-facing publication.

These terms summarise how Australian clubs use ClubCensus as governance and operations software for incorporated associations, clubs and similar bodies. Your executed service agreement or order form with ClubCensus (or its contracting entity) replaces this summary for billing mechanics, liability caps, indemnities, SLA credits, termination rights and dispute resolution. This page is for counsel orientation only.

The service

ClubCensus provides a secure, multi-tenant SaaS platform for membership directory and lifecycle, events and RSVPs, facilities booking, rich communications, document management, financial recording and reporting, and full board governance (meetings with Australian notice compliance, agendas, minutes, board packs with compliance scoring, tasks, voting and history). Features and limits depend on the plan selected and club configuration. The service is provided to the club as a corporate customer and its authorised officers, board members, staff and (optionally via the member portal) its members. It is not offered to individuals as consumers.

Club responsibilities and data ownership

The club is responsible for: maintaining accurate records; complying with its own constitution, the Associations Incorporation Act (or equivalent) and other applicable law; obtaining any member consents required for the data it enters; supervising users it invites; and ensuring content uploaded does not infringe third-party rights. The club owns all data it uploads or creates in the service. ClubCensus processes that data only to deliver the service and as set out in the DPA. The club must not use the service for unlawful purposes or to store material it has no right to process.

Bill, the ClubCensus Assistant

Bill, the ClubCensus Assistant performs real operational work for Australian clubs inside the product: drafting compliant notices and minutes, preparing board packs with compliance signals, turning captured actions into tasks, summarising documents and packs, surfacing renewals, policy acknowledgements and governance gaps from the club's own data, and supporting day-to-day secretary and board workflows. Bill operates strictly within the permissions and data the club controls. Bill does not provide legal, accounting, regulatory, tax or professional advice. Clubs remain solely responsible for their constitution, notice compliance, record-keeping, member communications and all decisions. Every output must be reviewed by qualified officers or external advisers before reliance or distribution. The club is the data controller; Bill processing is a tool, not a substitute for competent governance.

Acceptable use and suspension

Do not attempt to bypass access controls or RBAC, access or scrape data of other clubs, reverse-engineer the platform, or generate load that impairs service for others. Use of automated assistant features (Bill) must remain within the club's internal policies, the permissions granted to users, and applicable Australian law. We may suspend or terminate access for material breach after reasonable notice (or immediate where risk to other customers or the platform exists). The club is responsible for the conduct of its invited users.

Intellectual property

The club retains all right, title and interest in its data and content. ClubCensus (and its licensors) retain all right, title and interest in the platform, software, designs, documentation, templates, knowledge bases and any improvements. The club receives a limited, non-exclusive, non-transferable licence to use the service during the subscription term solely for its internal club operations. No other rights are granted.

Subprocessors, infrastructure and availability

The service depends on the infrastructure partners listed in the privacy materials and DPA. Scheduled maintenance, security updates and third-party outages (Supabase, hosting, email, payments) may affect availability. Your agreement should specify support response times, service credits (if any) and maintenance windows. We publish status information where practical.

  • Supabase — primary database, authentication, file storage and real-time for the application (region selected at deployment; typically AU for Australian customers).
  • Stripe — payment processing (cards, direct debit) only where a club enables member billing, event fees or deposits. Club is merchant of record in most configurations.
  • Resend — transactional email delivery for notices, digests, reminders and operational messages the club triggers.
  • Hosting / edge provider — application hosting, compute and CDN (e.g. Vercel or equivalent). Edge functions may process limited request metadata.
  • Bill processing provider — contracted language-model infrastructure used solely to power Bill, the ClubCensus Assistant. Prompts and relevant excerpts are sent only for operations the club requests; data is not used to train models. Final policy and DPA must name the specific vendor(s) and retention terms counsel approves.

Fees, trials, termination and data export

Paid plans, trials, billing cycles, price changes and refunds (if any) are governed by the order form, subscription terms or separate agreement. Either party may terminate in accordance with the contract. On termination the club may export its data using the built-in tools for a reasonable period; thereafter data is deleted or returned per the DPA. We may retain limited records required by law (billing, audit, security).

Warranties, liability and indemnities

The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by Australian law, we disclaim all implied warranties (including merchantability, fitness for a particular purpose and non-infringement). Liability for indirect, consequential, special or punitive damages is excluded. Any cap on direct damages and the scope of indemnities (club for its content and users; us for our platform) are set in the executed agreement and should be reviewed by counsel. Nothing excludes liability that cannot be excluded under the Australian Consumer Law (where it applies) or for fraud.

Governing law and venue

The agreement is governed by the laws of Australia. The parties submit to the courts of the state or territory of the club's principal place of administration (or the state nominated in the contract). Counsel should confirm the precise jurisdiction clause and any arbitration or mediation pre-condition.

DPA

A standard Data Processing Agreement (DPA) aligned to the Australian Privacy Principles, with the club as controller and ClubCensus as processor, is available on request for Professional and Enterprise customers and for any club requiring one prior to contract. The DPA includes a subprocessor schedule, security and confidentiality obligations, breach notification timelines, assistance with data subject requests, and deletion/return terms. Contact hello@clubcensus.com to obtain the current template before signing.

Contact

Commercial, billing and legal enquiries: hello@clubcensus.com.

See also Privacy.

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