Terms & Conditions

Please read the following general Terms and Conditions (“Terms and Conditions”) carefully as the provisions contained herein shall govern your access and use of our ucareapp.com website and application. Service and website are owned by UCare Technologies PTY LTD. UCare provides an effective and easy to use all-in-one church management solution that doesn’t cost the world so you can focus on ministry and loving people. UCare handles the simplest to the most complex needs with powerful features such as attendance tracking, check-in and child safety, event booking, forms and surveys, online stores, security, scheduling and reservations, and many more such services under one roof, hereinafter referred to as “the Services”.

By using UCare services through website or application, you agree to be bound by the following general Terms and Conditions. There may be additional features, and those special features may have their own Terms and Conditions, and those additional Terms and Conditions would also apply in context of use of services along with these Terms and Conditions.

1. GENERAL

The Application/Website is owned and operated by UCare and/or its associates, related parties, successors and assigns (collectively referred to as “Provider”, “us”, “we” or “our” ).

The Terms and Conditions set below apply to:

1. any person accessing and using the services through website or application (“Visitor”); and
2. any person providing the following information for registration and for providing their opinions:
   1. Name: First name and last name
   2. Email address:
3. As part of the registration process, you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is correct, not misleading, and relates to you.
4. If you suspect that your username and password have been disclosed to or used by another party, you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details.
5. The User’s personal information would not be shared with any third parties.
6. The User’s personal information can be used for newsletter for their monthly activity or any sort of application/website marketing.
7. Users are collectively referred to as “Users”, “you” or “your” in this Terms and Conditions.

By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.

1. We may suspend or stop providing the Services if you do not comply with our Terms and Conditions.
2. Using our Application/Website services does not grant you any intellectual property rights over them except for your personal data or information uploaded.
3. Using our Application/Website for legal purposes and not for any illegal or unauthorized purpose, including, without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
4. You agree not to use Application/Website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
5. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. ELIGIBILITY FOR REGISTRATION

Users need to create an account by way of registration to have access to the Application/Website. In the process of registration, follow the points mentioned below:

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested to complete the signup process.
4. You are responsible for maintaining the security of your account and password. UCare cannot and will not be liable for any loss or damage if the User fails to maintain the security responsibility.
5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not while using the Service, break any laws in your jurisdiction (including but not limited to copyright laws).

3. API TERMS

1. Customers may access their UCare account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses UCare, is bound by the terms of this agreement plus the following specific terms:
2. You understand and agree that UCare shall 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 UCare has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
3. Abuse or excessively frequent requests to UCare via the API may result in the temporary or permanent suspension of your account’s access to the API. UCare, in its sole discretion, will determine abuse or excessive usage of the API. UCare will make a reasonable attempt via email to warn the account owner prior to suspension.
4. UCare reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

4. PAYMENT AND REFUNDS

1. The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you exceed your Maximum Profiles or other applicable edition limits (see the limits in Edition Details), (ii) you upgrade editions, (iii) you subscribe to additional features or services, including additional Profiles, or (iv) otherwise agreed to in your Service. We may also choose to decrease your fees upon written notice to you.
2. Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Pricing. If this increase applies to you, we will notify you at least seven days in advance of your renewal, and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term by giving the notice required in the ‘Notice of Non-Renewal’ section below.
3. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
4. If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to such a third party. In the event of a failed attempt to charge your Authorized Payment Method (for example, if your Authorized Payment Method has expired or is no longer valid), we reserve the right, and you authorize us to retry billing your Authorized Payment Method. If you update your Authorized Payment Method to remedy a change in validity or expiration date, we will automatically resume billing; we may also receive updates on your Authorized Payment Method through our payment service providers and automatically resume billing. We may suspend your access in accordance with the ‘Suspension’ section or terminate your account in accordance with the ‘Termination for Cause’ section if we remain unable to successfully charge a valid Authorized Payment Method.
5. The Service is billed on a yearly or monthly-in-arrears basis and is non-refundable. There will be no refunds or credits for partial months/years of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6. 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, excluding only Australian (federal or state) taxes.
7. You may be entitled to a refund for the Services under certain circumstances; your refund will be assessed in accordance with the Australian Consumer Law. You will not be eligible for a refund for the Services where you have simply changed your mind or if you no longer require them.

5. TERM AND TERMINATION

1. Trial. When you first sign up for access to the Service, you can try the Service under the trial usage conditions, with no necessary condition to continue to use the Service. If you choose to continue using the Service even after the trial, you will be billed from the day you first added your billing details into the Service or at the end of the trial period, whichever comes later.
2. Trial Cancellation. If you choose not to continue using the trial of the Service, you may request that your account be canceled. If you do not pay for the Service within 30 days of the trial end, then the trial account will be cancelled automatically.
3. Term and Renewal. Your initial subscription term will be specified in your Service, and unless otherwise specified in your Service, your subscription will automatically renew for the shorter of the subscription term, or one year.
4. Notice of Non-Renewal. You are solely responsible for properly cancelling your account. An email request to cancel your account is not considered cancellation. You can cancel your account at any time by contacting accounts from the subscription page in UCare. If the account is accessed by User or API, after the end of the current billing period that will have the effect of renewing the subscription.
5. Effect of Termination. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
6. Early Cancellation. You may choose to cancel your subscription early at your convenience, provided that we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term. See the ‘Notice of Non-Renewal’ section for information on how to cancel your subscription.
7. Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
8. Suspension. UCare, on its own, has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any other UCare service if you fail to comply with the Terms of Service. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account and the loss and giving up of all content in your account.

6. OPINIONS AND COMMENTS

Users can share their views, opinions and comments on our Application/Website. While sharing their views and opinions, it is optional for the Users to hide their identity/username and can post their opinions, views and comments anonymously.

7. PROTECTING OTHER USER’S RIGHTS AND OTHER REASONABLE RESTRICTIONS

1. You will not post any content or take any action that takes away the rights of the other user or violates any law.
2. We reserve the right to remove any content or information if we believe that it violates these terms and conditions.
3. On account of use of any copyright and trademark or you use any logo and trademark that looks similar to the already existing trademarks without our prior written consent, we would disable your account when appropriate.
4. You shall not upload, post, email, transmit or otherwise make available through or in connection with the Application/Website any User Content that:
   1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   3. comprises unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
   4. contains software viruses, Trojan horses, worms, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. EXCLUSION OF LIABILITY

You understand and agree that the Provider, its subsidiaries or affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

1. the accessing of, or the inability to access, the Application/Website, the use of, or the inability to use of the Application/Website, all implied warranties, Terms and Conditions relating to the Application/Website;
2. unauthorized access to or alteration of any of your transmissions or data, including any User Content; and
3. Any warranty, terms or conditions as to the accuracy, completeness, or quality of the Application/Website.

9. WARRANTIES AND DISCLAIMERS

We are using a commercially reasonable level of skill and care to maintain the security of the data provided to us by the User, and we hope that our User enjoys the use of our services. We maintain the highest standards of accuracy in order to maintain our credibility, but we do not warrant any commitment about the content within the services, the specific functions of the services, or the suitability and reliability of the services to your specific needs. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions except for any non-excludable condition under the Australian Competition and Consumer Act 2010 (Cth).

10. INDEMNITY

You agree to fully indemnify, defend and hold the Provider and its subsidiaries or affiliates harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:

1. access and use of the Application/Website or any Application/Website Contents thereof;
2. violation of the Terms and Conditions;
3. violation of privacy policy or
4. violation of any rights of another

11. OFFSITE LINKS

1. In order to offer increased value to our Users, the Provider may provide, or third parties may provide, links to other websites or resources, which you may access at your own choice. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
2. You understand and acknowledge that the Provider has no control over such sites and resources. You acknowledge and agree that we have no responsibility for the information, content, products, services, or advertising that may or may not be provided by or through these sites. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
3. You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

12. NO THIRD PARTY BENEFICIARIES

You agree that, except as provided in these Terms and Conditions, there shall be no third-party beneficiaries to these Terms and Conditions and that you may not assign your profile or registration to any other persons.

13. NOTICES

If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Services offered through or in connection with the Application/Website.

14. COPYRIGHT

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
2. All copyright in all material contained on, in or available through the Application/Website are owned by the Provider or its proprietary holders, and you are required to obey all copyright notices contained on the Application/Website. The User is under obligation to obey the copyright notices and would be liable for any violation, and the Provider hereby disclaims any liability in this regard.

15. MODIFICATIONS, CONTENT AND TERMS AND CONDITIONS

1. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the UCare Site/ Application or the Service itself.
2. It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions as stated in the new version of the Terms and Conditions, then you must immediately stop using the Application/Website.
3. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Application and/or amendments to the Terms and Conditions. Your continued use of the Application/Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

16. AMENDMENTS

Amendments to the Terms and Conditions may be posted by UCare at any time for all users to access and will be binding on the date of publication.

17. WAIVER AND SEVERABILITY OF TERMS

The failure of the Provider to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties still agree that the Court should attempt to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms and Conditions remain in full force and effect.

18. VIOLATIONS AND INFRINGEMENTS

Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing the Provider at support@ucarehq.com

19. JURISDICTION AND GOVERNING LAW

The Terms and Conditions will be legally binding. Any dispute or claim arising out in connection with the Terms and Conditions will be addressed according to the laws of the State of Queensland. You understand, agree and acknowledge that the Courts of the State of Queensland have jurisdiction to settle any dispute arising in relation to Terms and Conditions.

20. ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with the Application/Website, replacing any previous agreements between you and the Provider. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.

21. QUERIES

Any Questions about the terms of service should be sent to support@ucarehq.com.