ClubTrack
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Terms of Service

Terms governing the supply and use of the ClubTrack software platform.

Effective date: 5 July 2026

These Terms of Service apply to the supply and use of the ClubTrack software platform.

1. Parties

These Terms form an agreement between:

MFG Developments Pty Limited
ABN: 60 700 185 084
Email: enquiries@mfgd.com.au

referred to as MFG Developments Pty Limited, ClubTrack, we, us or our;

and

the club, association or other organisation identified in an Order Form, proposal, subscription application or ClubTrack account, referred to as the Customer, you or your.

The person accepting these Terms on behalf of the Customer represents that they are authorised to bind the Customer.

2. Agreement structure

The agreement between the parties consists of:

  1. these Terms;
  2. the applicable Order Form, proposal or subscription confirmation;
  3. any agreed service schedule or module description;
  4. our Privacy Policy; and
  5. any other document expressly incorporated into the agreement.

If there is an inconsistency, the Order Form takes priority over these Terms to the extent of the inconsistency.

3. Definitions

In these Terms:

Authorised User means a committee member, employee, contractor, volunteer, member or other person authorised by the Customer to access ClubTrack.

ClubTrack means the ClubTrack software-as-a-service platform and its associated modules, portals, applications, websites, integrations and services.

Customer Data means information, records, files, documents, images and other data entered, uploaded, imported, generated or stored in ClubTrack by or on behalf of the Customer. Customer Data does not include de-identified or aggregated usage information that cannot reasonably identify the Customer or an individual.

Fees means the subscription fees, implementation fees, transaction fees, Platform Fees, usage charges and other amounts set out in the Order Form or otherwise agreed in writing.

Order Form means a proposal, quote, order, subscription application or other document describing the Services, Fees and subscription period.

Platform Fee means a fee charged by MFG Developments in connection with transactions or use of ClubTrack, including amounts covering payment infrastructure, hosting, system administration, security, maintenance, support, reconciliation and other operational overheads.

Services means the provision of ClubTrack and any associated implementation, support, training or professional services specified in an Order Form.

Stripe means Stripe Payments Australia Pty Ltd or another applicable Stripe entity providing payment-processing services.

Subscription Period means the period stated in the Order Form.

4. Acceptance of these Terms

The Customer accepts these Terms when it:

  1. signs or accepts an Order Form;
  2. creates or activates a ClubTrack account;
  3. clicks an acceptance button referring to these Terms;
  4. pays an invoice for the Services; or
  5. accesses or uses ClubTrack after being provided with these Terms.

5. Provision of ClubTrack

Subject to payment of the Fees and compliance with this agreement, MFG Developments grants the Customer a limited, non-exclusive, non-transferable and revocable right to access and use ClubTrack during the Subscription Period for the Customer’s internal club or association operations.

The Customer may permit its Authorised Users to access ClubTrack but remains responsible for their use of the Services.

No ownership rights in ClubTrack are transferred to the Customer.

6. Customer accounts and access

The Customer must:

  1. provide accurate and current account information;
  2. nominate appropriate account administrators;
  3. ensure each Authorised User uses their own account credentials;
  4. maintain appropriate access permissions;
  5. promptly remove access for people who are no longer authorised;
  6. keep login credentials, authentication devices and recovery information secure; and
  7. promptly notify MFG Developments of suspected unauthorised access.

The Customer is responsible for activity conducted through its accounts except to the extent that the activity was caused by a breach of MFG Developments’ security obligations.

MFG Developments may require multi-factor authentication or other reasonable security controls.

7. Customer responsibilities

The Customer is responsible for:

  1. determining whether ClubTrack is suitable for its operations;
  2. configuring its account, workflows, permissions and retention settings;
  3. complying with laws, regulations, constitutions, rules and policies applicable to the Customer;
  4. maintaining appropriate internal governance and approval processes;
  5. reviewing information produced by ClubTrack before relying on or submitting it;
  6. ensuring information entered into ClubTrack is accurate, complete and current;
  7. obtaining all permissions and consents required to collect, store, use and disclose Customer Data;
  8. responding to requests or complaints from its members, visitors, employees and other individuals;
  9. maintaining records that the Customer is legally required to retain; and
  10. ensuring its use of ClubTrack does not infringe another person’s rights.

ClubTrack is an administration and record-management tool. Unless expressly stated in an Order Form, MFG Developments does not provide legal, accounting, taxation, regulatory or firearms-licensing advice.

8. Fees and payment

The Customer must pay the Fees specified in the Order Form.

Unless otherwise stated:

  1. Fees are stated exclusive of GST;
  2. GST will be added where applicable;
  3. subscription Fees are payable in advance;
  4. usage and transaction Fees may be deducted from transaction proceeds or invoiced in arrears;
  5. invoices are payable within fourteen days; and
  6. Fees are payable without set-off or deduction except where required by law.

The Customer must notify MFG Developments of a genuine invoice dispute within fourteen days after the invoice date and provide reasonable details of the dispute. The parties will work in good faith to resolve the disputed amount. Undisputed amounts remain payable.

MFG Developments may charge reasonable recovery costs and interest on overdue, undisputed amounts at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily.

9. Stripe and payment processing

9.1 Stripe services

ClubTrack may enable the Customer to receive payments through Stripe.

Stripe is an independent third-party payment-services provider. The Customer may be required to establish, connect or maintain a Stripe account and accept Stripe’s applicable terms.

The availability and operation of Stripe services are subject to Stripe’s systems, eligibility requirements, rules and decisions.

9.2 Customer responsibility for payment activity

The Customer is responsible for:

  1. transactions processed for the Customer;
  2. the goods, services, memberships, events or other items sold through ClubTrack;
  3. the accuracy of payment descriptions and amounts;
  4. refunds, reversals and chargebacks;
  5. fraud and disputed transactions relating to the Customer’s activities;
  6. taxes, duties and reporting obligations arising from payments received;
  7. responding to member or cardholder enquiries and complaints;
  8. maintaining evidence supporting transactions;
  9. complying with Stripe’s terms and payment-network requirements; and
  10. ensuring recurring payments and cancellation arrangements are properly disclosed to payers.

9.3 Stripe processing fees

The Customer is responsible for all Stripe processing fees and other Stripe charges associated with the Customer’s account or transactions, including:

  1. card-processing fees;
  2. direct-debit fees;
  3. international-card or currency-conversion charges;
  4. refund fees;
  5. failed-payment fees;
  6. dispute and chargeback fees;
  7. account or payout fees; and
  8. any other amount imposed by Stripe in connection with the Customer’s transactions.

These fees may be deducted from transaction proceeds before settlement or charged separately.

9.4 ClubTrack Platform Fee and overheads

In addition to Stripe’s charges, MFG Developments may charge a Platform Fee for transactions or payment functionality processed through ClubTrack.

The Platform Fee contributes to the costs of providing and operating the payment functionality, including:

  1. hosting and infrastructure;
  2. payment integration and system maintenance;
  3. security and monitoring;
  4. transaction recording and reconciliation;
  5. administration;
  6. customer support;
  7. software development and maintenance; and
  8. other operational overheads associated with the Customer’s use of ClubTrack.

The applicable Platform Fee or method of calculating it will be disclosed in the Order Form, pricing schedule or within ClubTrack before the relevant transaction functionality is enabled.

The Customer authorises MFG Developments and Stripe, where applicable, to deduct Stripe fees, Platform Fees, refunds, disputes, chargebacks and other authorised amounts from transaction proceeds.

9.5 Insufficient transaction proceeds

Where transaction proceeds are insufficient to cover an amount owed by the Customer, MFG Developments may invoice the Customer for the outstanding amount.

The Customer must pay that invoice in accordance with clause 8.

9.6 Changes to third-party fees

Stripe or another payment provider may change its fees or introduce new charges.

Where a third-party fee changes, MFG Developments may pass through the actual change to the Customer by giving reasonable notice where practicable. A pass-through adjustment does not permit MFG Developments to increase its separate Platform Fee without following clause 22.

10. Customer Data ownership

As between the Customer and MFG Developments, the Customer retains all rights, title and interest in Customer Data.

MFG Developments does not acquire ownership of Customer Data merely because it is entered, stored, processed or backed up through ClubTrack.

The Customer grants MFG Developments a limited, non-exclusive licence to host, copy, transmit, back up, display and otherwise process Customer Data only as reasonably necessary to:

  1. provide the Services;
  2. perform the agreement;
  3. provide support requested by the Customer;
  4. maintain the security and integrity of ClubTrack;
  5. prevent or investigate fraud, misuse or security incidents;
  6. comply with law; and
  7. perform any other activity authorised by the Customer.

This licence continues only for as long as reasonably required to provide the Services or comply with legal and backup-retention obligations.

11. Customer responsibility for Customer Data

The Customer controls the purposes for which Customer Data is collected and used.

The Customer is responsible for:

  1. the accuracy, quality, legality and integrity of Customer Data;
  2. deciding what Customer Data is entered into ClubTrack;
  3. having a lawful basis and appropriate authority to collect and process Customer Data;
  4. providing required privacy notices;
  5. obtaining consents from members, visitors, parents, guardians, employees and other individuals where required;
  6. ensuring Customer Data is not misleading, defamatory, unlawful or infringing;
  7. managing access permissions and user roles;
  8. determining appropriate retention periods;
  9. correcting inaccurate or outdated information;
  10. dealing with access, correction, deletion or privacy requests relating to Customer Data; and
  11. exporting any records the Customer requires before its account is closed.

The Customer must not upload information that it is prohibited from collecting, holding or disclosing.

The Customer warrants that MFG Developments’ processing of Customer Data in accordance with this agreement will not infringe another person’s rights or cause MFG Developments to breach applicable law.

12. Privacy

Each party must comply with applicable privacy and data-protection laws in connection with its obligations under this agreement.

The Customer acknowledges that it will generally be responsible for its relationship with the individuals whose personal information it collects through ClubTrack.

MFG Developments will:

  1. process personal information in accordance with this agreement, its Privacy Policy and the Customer’s lawful instructions;
  2. restrict access to personnel and service providers who require access for authorised purposes;
  3. use reasonable technical and organisational safeguards;
  4. notify the Customer without undue delay after confirming a security incident affecting Customer Data where notification is reasonably required;
  5. reasonably assist the Customer to investigate a relevant data incident; and
  6. comply with any mandatory notification obligations that apply directly to MFG Developments.

The Customer must provide reasonable assistance and information required for MFG Developments to investigate or respond to a privacy or security incident involving Customer Data.

13. Data hosting and subprocessors

MFG Developments may use hosting providers, payment providers, email providers, support systems, analytics providers and other subcontractors to provide ClubTrack.

MFG Developments remains responsible for its obligations under this agreement when using subcontractors.

Where reasonably required by privacy law, MFG Developments will take reasonable steps to ensure service providers handling personal information are subject to appropriate privacy, confidentiality and security obligations.

The current hosting location and material subprocessors may be described in ClubTrack’s Privacy Policy, security documentation or customer documentation.

14. Data security

MFG Developments will maintain reasonable administrative, physical and technical safeguards appropriate to the nature of Customer Data and the Services.

No internet-based system is completely secure. MFG Developments does not warrant that unauthorised third parties will never defeat security measures, but this does not limit MFG Developments’ obligation to take reasonable security precautions.

The Customer must not store payment-card security codes or complete card details in general ClubTrack data fields. Payment-card information must be collected and handled through approved Stripe functionality.

15. Data backups, exports and retention

MFG Developments may maintain backups for disaster recovery and service-continuity purposes.

Backups are not intended to replace the Customer’s own record-management, retention and business-continuity procedures.

During the Subscription Period, the Customer may export Customer Data using available ClubTrack export tools. Where a standard export is unavailable, MFG Developments may provide reasonable export assistance, subject to any agreed professional-service Fees.

Following termination:

  1. the Customer will ordinarily have thirty days to request a standard export of Customer Data;
  2. MFG Developments may suspend interactive access to ClubTrack;
  3. after the export period, MFG Developments may delete Customer Data from active systems;
  4. residual copies may remain in secure backups until overwritten under normal backup cycles; and
  5. MFG Developments may retain information where reasonably required by law, taxation, dispute-resolution, fraud-prevention or legitimate record-keeping obligations.

MFG Developments may charge reasonable costs for customised recovery, conversion or export work that is outside the standard export process.

16. De-identified and aggregated information

MFG Developments may create and use aggregated or de-identified information derived from the operation of ClubTrack where the information does not identify, and cannot reasonably be used to identify, the Customer or an individual.

This information may be used to:

  1. operate and improve ClubTrack;
  2. understand product usage;
  3. identify performance or security issues;
  4. develop new functionality; and
  5. produce statistical or benchmarking information.

MFG Developments must not present benchmarking information in a manner that identifies the Customer without the Customer’s consent.

17. Acceptable use

The Customer and its Authorised Users must not:

  1. use ClubTrack unlawfully;
  2. upload malicious code or harmful material;
  3. attempt to gain unauthorised access to ClubTrack or another customer’s data;
  4. interfere with the availability, performance or security of the Services;
  5. bypass access, usage or security controls;
  6. reverse engineer, copy or reproduce ClubTrack except to the extent permitted by law;
  7. use automated tools in a manner that places an unreasonable load on ClubTrack;
  8. use ClubTrack to harass, threaten, deceive or harm another person;
  9. sell, sublicense or provide ClubTrack as a service bureau without written approval; or
  10. use ClubTrack to develop or train a competing product using confidential aspects of the Services.

MFG Developments may investigate suspected misuse and take reasonable steps to protect ClubTrack and its users.

18. Intellectual property

MFG Developments and its licensors retain ownership of:

  1. ClubTrack;
  2. its source code, object code, databases and system architecture;
  3. its visual designs, workflows and documentation;
  4. its trademarks, branding and domain names;
  5. improvements, modifications and derivative works; and
  6. intellectual property created in providing the Services, excluding Customer Data.

The Customer retains ownership of its pre-existing intellectual property and Customer Data.

If the Customer provides suggestions or feedback, MFG Developments may use that feedback without restriction or payment, provided it does not disclose the Customer’s confidential information.

19. Confidentiality

Each party must keep the other party’s confidential information confidential and use it only for performing or receiving the Services.

Confidential information does not include information that:

  1. is publicly available other than through a breach of confidence;
  2. was lawfully known without restriction;
  3. is received lawfully from another source without confidentiality restrictions; or
  4. is independently developed without using the other party’s confidential information.

A party may disclose confidential information:

  1. to its personnel, professional advisers and service providers who need the information and are subject to confidentiality obligations;
  2. with the other party’s consent; or
  3. where required by law, a court or a regulator.

Where legally permitted, the disclosing party will provide reasonable notice before making a compelled disclosure.

20. Availability, maintenance and support

MFG Developments will use reasonable efforts to keep ClubTrack available, but does not guarantee uninterrupted or error-free operation.

ClubTrack may be unavailable because of:

  1. scheduled maintenance;
  2. emergency maintenance;
  3. telecommunications or internet failures;
  4. third-party service failures;
  5. security incidents;
  6. circumstances outside MFG Developments’ reasonable control; or
  7. suspension permitted under this agreement.

MFG Developments will provide support in accordance with the support arrangements specified in the applicable Order Form or service schedule.

Unless a service level is expressly stated in an Order Form, response and resolution times are targets rather than guaranteed service levels.

21. Changes to ClubTrack

MFG Developments may update, improve or modify ClubTrack from time to time.

MFG Developments will not materially reduce the core functionality purchased by the Customer during a prepaid Subscription Period without:

  1. providing reasonable notice;
  2. offering a substantially equivalent function;

Changes required for security, legal compliance or third-party service continuity may be implemented without advance notice where advance notice is not reasonably practicable.

22. Changes to Fees and Terms

MFG Developments may change subscription Fees or Platform Fees by giving the Customer at least thirty days’ notice.

A change to recurring subscription Fees will ordinarily take effect at the next renewal date unless:

  1. the change results from an agreed change in usage, member numbers, modules or service scope;
  2. a third-party charge is being passed through under clause 9.6; or
  3. the Customer agrees otherwise.

MFG Developments may update these Terms where reasonably necessary because of:

  1. changes to ClubTrack;
  2. changes in law or regulatory requirements;
  3. security requirements;
  4. third-party service requirements; or
  5. legitimate operational requirements.

Where an update materially disadvantages the Customer, MFG Developments will provide at least thirty days’ notice. The Customer may terminate the affected Services before the change takes effect and receive a pro-rata refund of prepaid Fees for the unused affected period.

23. Third-party services

ClubTrack may integrate with or link to third-party services, including Stripe, email delivery providers and identity or accounting services.

Third-party services are governed by their own terms and privacy practices.

MFG Developments is not responsible for a third party’s acts, omissions, outages or changes, except to the extent that MFG Developments has failed to exercise reasonable care in selecting, configuring or managing that provider.

The Customer authorises MFG Developments to exchange information with an integrated third-party service as reasonably necessary to provide the requested integration.

24. Suspension

MFG Developments may temporarily suspend all or part of the Services where reasonably necessary to:

  1. address a security risk;
  2. prevent unlawful or fraudulent activity;
  3. protect ClubTrack, the Customer or another user;
  4. comply with law or a binding direction;
  5. address a material breach of this agreement; or
  6. address overdue, undisputed Fees after giving at least seven days’ notice.

Where practicable, MFG Developments will:

  1. provide notice of the suspension;
  2. limit the suspension to the affected accounts or functionality; and
  3. restore access promptly after the issue is resolved.

MFG Developments will not suspend the Services for a minor breach that can reasonably be corrected without suspension.

25. Subscription term and renewal

The agreement begins on the commencement date stated in the Order Form and continues for the Subscription Period.

Unless the Order Form states otherwise, the subscription will renew for successive periods equal to the initial Subscription Period.

Either party may prevent renewal by giving at least thirty days’ written notice before the end of the current Subscription Period.

MFG Developments will provide reasonable advance notice of any material renewal-price change.

26. Termination

Either party may terminate the agreement by written notice if the other party:

  1. materially breaches the agreement and does not remedy the breach within thirty days after receiving written notice;
  2. suffers an insolvency event; or
  3. is unable to continue performing the agreement because of a legal prohibition.

A shorter remedy period may apply where the breach creates an immediate and serious security, legal or operational risk.

The Customer may terminate for convenience before the end of a fixed Subscription Period, but prepaid Fees are not refundable except where:

  1. the Order Form expressly provides otherwise;
  2. MFG Developments materially breaches the agreement;
  3. clause 21 or 22 provides a termination right;
  4. the Services cannot be provided for a prolonged period due to circumstances within MFG Developments’ reasonable control; or
  5. a refund is required by law.

27. Consequences of termination

On termination:

  1. the Customer’s right to use ClubTrack ends;
  2. outstanding Fees become payable;
  3. each party must cease using the other party’s confidential information, except where retention is legally required;
  4. Customer Data will be handled in accordance with clause 15; and
  5. provisions intended to survive termination will continue, including provisions concerning payment, confidentiality, intellectual property, data, liability and dispute resolution.

Termination does not affect rights or liabilities that arose before termination.

28. Consumer guarantees

Nothing in this agreement excludes, restricts or modifies a guarantee, condition, warranty, right or remedy that cannot lawfully be excluded or limited, including applicable rights under the Australian Consumer Law.

29. Warranties

MFG Developments warrants that it will provide the Services:

  1. with due care and skill;
  2. substantially in accordance with the applicable service description; and
  3. in compliance with laws directly applicable to MFG Developments as the provider of the Services.

Except for express warranties in this agreement and rights that cannot be excluded by law, ClubTrack is provided on an “as available” basis.

MFG Developments does not warrant that ClubTrack will:

  1. meet every individual workflow or regulatory requirement of the Customer;
  2. be continuously available;
  3. be completely free from errors; or
  4. prevent every form of unauthorised access or data loss.

30. Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of opportunity, loss of goodwill or loss of anticipated savings.

This exclusion does not apply to the extent the loss:

  1. arises from fraud, wilful misconduct or unlawful conduct;
  2. arises from death or personal injury;
  3. arises from infringement of the other party’s intellectual property rights;
  4. arises from a breach of confidentiality or privacy obligations;
  5. is an obligation to pay Fees, refunds, chargebacks or transaction amounts;
  6. is covered by an indemnity under clause 31; or
  7. cannot legally be excluded.

Subject to the remainder of this clause, each party’s total aggregate liability arising from this agreement is limited to the total Fees paid or payable by the Customer during the twelve months immediately preceding the event giving rise to the claim.

Where the Customer has used ClubTrack for less than twelve months, the liability cap is the Fees paid or payable during the period of use.

The parties acknowledge that the liability allocation in this clause reflects the nature and pricing of the Services.

31. Indemnities

The Customer indemnifies MFG Developments against third-party claims, losses and reasonable costs to the extent caused by:

  1. unlawful Customer Data supplied by the Customer;
  2. the Customer’s failure to obtain required permissions or consents;
  3. goods, services, memberships, events or activities supplied by the Customer;
  4. the Customer’s breach of payment-network or Stripe requirements;
  5. refunds, chargebacks, disputed payments, fraud or taxes relating to the Customer’s transactions; or
  6. the Customer’s wilful misconduct, fraud or material breach of this agreement.

MFG Developments indemnifies the Customer against third-party claims that the Customer’s authorised use of ClubTrack infringes an Australian intellectual property right, except where the claim arises from:

  1. Customer Data;
  2. a Customer-requested modification;
  3. use contrary to documentation or this agreement; or
  4. combination with products or services not supplied or approved by MFG Developments.

An indemnified party must:

  1. promptly notify the indemnifying party of the claim;
  2. provide reasonable assistance;
  3. take reasonable steps to mitigate loss; and
  4. not settle the claim in a manner that admits fault or imposes an obligation on the other party without consent.

32. Dispute resolution

Before commencing court proceedings, a party must give written notice describing the dispute.

A senior representative of each party must attempt to resolve the dispute in good faith within fourteen days.

If the dispute is not resolved, the parties must attempt mediation in Melbourne, Victoria, through a mutually agreed mediator.

Nothing in this clause prevents a party from:

  1. seeking urgent interlocutory or injunctive relief;
  2. recovering an undisputed debt; or
  3. exercising a right that cannot lawfully be restricted.

33. Notices

A notice under this agreement must be sent by email or delivered to the contact details recorded in the Order Form or ClubTrack account.

An email notice is taken to be received on the next business day after it is sent, unless the sender receives an automated delivery-failure notice.

The Customer must keep its legal and billing contact details current.

34. Force majeure

Neither party is liable for delay or failure to perform an obligation, other than a payment obligation, where the delay or failure results from circumstances beyond its reasonable control.

The affected party must:

  1. notify the other party as soon as reasonably practicable;
  2. take reasonable steps to reduce the impact; and
  3. resume performance as soon as reasonably possible.

If the affected Services cannot be substantially provided for more than sixty consecutive days, either party may terminate the affected Services by written notice. The Customer will receive a pro-rata refund of prepaid Fees for the unused affected period.

35. General provisions

35.1 Relationship

The parties are independent contractors. Nothing in this agreement creates a partnership, joint venture, employment or agency relationship, except for any limited payment-processing authority expressly granted under clause 9.

35.2 Assignment

Neither party may assign this agreement without the other party’s prior written consent, which must not be unreasonably withheld.

MFG Developments may assign the agreement as part of a genuine corporate restructure, merger or sale of the ClubTrack business, provided the assignee agrees to perform MFG Developments’ obligations and the assignment does not materially reduce the Customer’s rights.

35.3 Subcontracting

MFG Developments may use subcontractors to perform the Services but remains responsible for the performance of its obligations.

35.4 Entire agreement

This agreement records the entire agreement between the parties concerning its subject matter and replaces prior discussions or representations concerning that subject matter.

This clause does not exclude liability for fraudulent, misleading or deceptive conduct.

35.5 Severability

If part of this agreement is invalid or unenforceable, it will be read down to the minimum extent necessary. If it cannot be read down, it will be severed without affecting the remainder of the agreement.

35.6 Waiver

A failure or delay in exercising a right does not waive that right.

35.7 Electronic acceptance

The parties agree that this agreement and related documents may be accepted and signed electronically.

35.8 Governing law

This agreement is governed by the laws of Victoria, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.