PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN (“TERMS OF SERVICE” OR THE “AGREEMENT”). IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS. THE TERM “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ORGANIZATION (IF ANY).
This Terms of Service is effective as of 1 March, 2021
Churchine is the virtual machine for the Church which provides technological and online services that make things work and happen in the Church. Such services may include but not limited to the websites, any affiliated domains, including all subpages and successor pages, and apps produced, owned, operated or maintained by the BizDolphin Limited (hereinafter “Company”, “we” or “us”), as well as all software and services that the Company offers, including but not limited to those services that the Company offers through websites or apps when you register or subscribe for a Churchine account (hereafter collectively as”Churchine Service”). Hence, Churchine Service is owned and operated by the Company.
The Terms of Service describe the terms and conditions related to your use of Churchine Service.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter Churchine Service at our sole and absolute discretion. By continuing to access or use Churchinie Service, or visit our sites or installing our apps, you are accepting, without modification, these terms of service, If you do not agree with any of these terms, you are prohibited from using or accessing Churchine Service. The materials contained in Churchine Service are protected by applicable copyright and trademark law.
Please refer to our Privacy Policy for information on how the Company collects, uses and discloses personally identifiable information from its users.
Churchine Service is provided on either an annual basis or a monthly basis according to your payment and subscription plan unless otherwise you have agreed to a longer term in a separate written agreement. Thereafter, this agreement will renew automatically regarding the Renewals Policy as stated in this agreement unless you notify the Company in written form of your intention to terminate before the termination deadline.
If you signed up for a monthly subscription the termination deadline will be two weeks (14 days) prior to the end of the current subscription period.
If you signed up for an annual subscription the termination deadline will be one month plus two weeks (45 days) prior to the end of the current subscription period.
You may upgrade your service at any time. In that case, you will start a new agreement or continue with your contract, whichever is longer.
The Company may terminate this Agreement, limit or suspend your access to Churchine Service, cancel your Churchine account, remove Customer Content and Media Content uploaded to Churchine Service with immediate effect without cause upon written notice to you.
If the Company terminates in such a manner, we shall refund you a portion of the subscription fees you paid prior to such termination, pro-rated based on the subscription services already provided and remaining.
In the event this Agreement is terminated, you are responsible for downloading and transferring any Customer Content or Media Content you wish to retain or re-use following termination or deleting that Customer Content from your Churchine account. This must be done before termination.
The Company will make available to you upon your request a file of your downloadable Customer Materials for a period of thirty (30) days after termination. You agree and acknowledge that the Company has no obligation to retain your Customer Materials or other data, and may delete after the same thirty (30) days after termination.
Please note that merely deleting a Churchine Service application will not close your Churchine account, cancel a recurring payment or delete a linked Churchine account. If any of your Churchine Service is removed from the App Stores by Apple, Google, Amazon or any other App Store Provider where our applications are published, you will still be able to use our full service by using your registered login details in your websites linked to Churchine Service, hence is non-refundable.
Closing your Churchine account shall not relieve you of the obligations and/or restrictions stated herein.You will remain liable for all obligations related to your Churchine account even after it is closed. In particular, you will be responsible for any and all chargebacks, refunds, and any other fees associated with payment processing services following termination.
By using Churchine Service, you agree to pay all relevant Service Fees. If you stop paying for any service, we may stop providing that service.
All pricing is specified on a monthly basis no matter paid monthly or annually and in US Dollars (unless otherwise specified).
Service Fees payable for use of any Churchine Service are as described on the Website (unless otherwise agreed in writing) and may be updated from time to time. .If you have a current agreement with us, your fees won’t change until the following renewal date. We will notify you by email or through Churchine Service before this renewal date if there is a price change.
To avoid disruption in providing Churchine Service for you, we automatically renew your subscriptions with us for whatever period you signed up for at the end of each subscription period unless you terminate Churchiine Service by contacting and notifying us before the termination deadline of Churchine Service.
If you signed up for a monthly subscription, we automatically renew your plan and charge your payment method each month.
If you signed up for an annual subscription, we automatically renew your plan and charge your payment method each year.
You agree to pay all Service Fees and any other charges incurred by you or any users of your Churchine account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred on or before the due date.
You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use.
Churchine Service users who use payment processing services accept the relevant Sub-Merchant Agreements as determined by the Company. Payment processing services for the Company are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement and these terms or continuing to use Churchine Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Churchine Service enabling payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your organization, and you authorize us to share with Stripe any information you provide to us and transaction information related to your use of the payment processing services provided by Stripe.
Service Fees shall apply to all financial transactions conducted through the use of Churchine Services (including credit card, debit card, and ACH transactions) as further described on the Churchine Service or as otherwise agreed in writing.
You agree that the Company has the right to debit your bank account or Stripe balance at any time to recover any negative balances that the Company may incur, for example, as a result of refunds, chargebacks or disputed payments. If the Company is unable to collect on refunds/chargebacks using the offset of your disbursement, if any, debit of your bank account or Stripe balance, the Company has the right to invoice you for any unpaid balance.
If your Churchine Service has more than 1 dispute per calendar year, you will be charged a twenty five dollar ($25) fee per dispute occurrence in addition to the amount owed for the dispute. If evidence is submitted to the Company but the bank does not accept the dispute evidence, then you will be liable for the dispute amount plus a twenty five dollar($25) fee and we can debit the funds for the dispute amount from your Stripe or bank account. Inability to fully pay the dispute amount and any fees will be a breach of this Agreement.
Although we will use all reasonable efforts to assist, You are solely responsible for any transactions made or damage or loss incurred in the following circumstances (none of which comprise an Error of Churchine Service):
If you make a mistake in making a transaction (for example, mistyping an amount you are sending);
(i) If you give a third-party access to your account (intentionally or otherwise) and they use your account without your knowledge or permission;
(ii) Lost or stolen account credentials, or other use of your credentials without your permission by a third-party, before you notify us of that compromise;
(iii) The invalidation or reversal of a payment as a result of refunds, reversals or chargebacks;
(iv) Delays resulting from the Company applying holds, limits or reviews or relating to the time to may take for a transaction to be completed;
If a payment that is made on your Churchine Service is flagged as an elevated or high-risk payment by Stripe or the Company team then it may be subject to manual review. This process involves immediately pausing bank payouts for your merchant account until further evidence is provided regarding the legality and legitimacy of the services or goods sold. The Company team may require you to update your Churchine Service or remove certain items in order to re-enable automatic payouts. If you can not provide evidence, or if your Churchine Service is charging or selling items that fall within Stripe’s restricted business category (https://stripe.com/restricted-businesses), the Company team may shut down your Churchine account without any advance warning and refund all payments to your clients. If your Churchine Service is prone to repeated high-risk payments the Company team has the ability to shut down your Churchine account and refund all payments.
In case of suspected unauthorized activity in relation to your Churchine account, or questions about payments made or received, contact us as soon as you can.
Unless stated otherwise, our fees do not include taxes.
Churchine Service users are subject to the Stripe Services Agreement which states in Section 6: Taxes and Other Expenses that “You [Churchine Service users] have sole responsibility and liability for:
(i) determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with your use of the Services [e.g. payment processing]; and
(ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities.”
You may use Churchine Service only if you are thirteen (13) years or older and are not barred from using Churchine Services under applicable law.
You may also need to create a Churchine account through the App to use parts of Churchine Service. You must give us accurate, complete, and up-to-date information for your Churchine account and you agree to keep it updated for the purposes of communication and contact. If you don’t, we may suspend or terminate your Churchine account. You’re responsible for all activities that occur under your Churchine account, whether or not you know about them.
For the purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through Churchiine Service; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Churchine Service.
The Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, the Company and its licensors exclusively own all right, title, and interest in and to Churchine Service, Content, and the Company, including all associated intellectual property rights. You acknowledge that Churchine Service and Content are protected by copyright, trademark, and other laws of the United Kingdom (“UK”) and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Churchine Service or Content.
By making any User Content available through Churchine Service, including through submitting, posting, or displaying User Content on Churchine Service, you hereby grant to the Company a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing Churchine Service and Content, in any and all media or distribution methods, (i) to you; (ii) to other users of Churchine Service; and (iii) to third parties.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Churchine Service, nor any use of your User Content by the Company on or through Churchine Service will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We can’t review all the User Content on our Churchine Service. We aren’t the publisher of, don’t endorse, and aren’t liable for any User Content. If you use Churchine Service in any way, you are responsible for your User Content and you release us from any damages caused by your or others’ User Content.
Although we’re not obligated to monitor access to or use of Churchine Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating Churchine Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content and Screens, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content, including User Content, or domain names, to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Churchine Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Company respects copyright law and expects its users to do the same. The Company will terminate access to Churchine Service in appropriate circumstances for users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Subject to your compliance with these Terms, the Company grants to you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run that copy of the App solely for the purposes of accessing and using the Services. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. The Company reserves all rights in and to the App not expressly granted to you under these Terms.
You agree not to do any of the following:
(i) Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
(ii) Use, copy, display, mirror, or frame Churchine Service or any individual element within Churchine Service (including the user interface), the Company’s name, the Churchine’s name, any trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page of the Company, without the Company’s express written consent;
(iii) Access, tamper with, or use non-public areas of Churchine Service, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
(iv) Attempt to probe, scan, or test the vulnerability of any system or network of the Company or breach any security or authentication measures of the Company;
(v) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services or Content;
(vi) Attempt to access or search Churchine Service or Content or download Content from Churchine Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;
(vii) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
(viii) Use the Services or Content in any manner not permitted by these Terms;
(ix) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Churchine Service or Content to send altered, deceptive or false source-identifying information;
(x) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Churchine Service or Content;
(xi) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Churchine Service;
(xii) Collect or store any personally identifiable information from Churchine Service from other users of Churchine Service without their express permission;
(xiii) Impersonate or misrepresent your affiliation with any person or entity;
(xiv) Violate any applicable law or regulation; or
(xv) Encourage or enable any other individual to do any of the foregoing.
Churchine Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
If you use third party services on your website while using Churchine Service, you maintain that you also act in compliance with their terms of use. For example, if you use the YouTube block, you must comply with YouTube Terms of Service
https://www.youtube.com/t/terms and Privacy Policy
https://www.google.com/intl/en/policies/privacy
effective of the date of use of the service.
In addition to the rights we reserve in these Terms, some rights we have:
(i) We can make changes to Churchine Service.
(ii) We can decide who’s eligible to use Churchine Service.
(iii) We can contact you about Churchine Service.
(iv) We can cancel stop offering Churchine Service.
(v) We can remove your User Content.
We are not liable for any damages as a result of any of these actions.
Churchine Service and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that Churchine Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
You will indemnify and hold harmless the Company and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of Churchine Service or Content, (ii) your User Content, (iii) any domain or and sub-domain names you use through Churchine Service, or (iv) your violation of these Terms.
NEITHER the Company NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING Churchine Service OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM, FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE Churchine Service OR CONTENT OR FOR ANY ERROR OR DEFECT IN Chuhine Service, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT the Company HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL the Company’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE Churchine Service OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO the Company FOR USE OF Churchine Service OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO the Company, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN the Company AND YOU.
All information provided by the Company and Churchine Service is subject to change and periodic review.
If the Company changes any Terms after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you find any problem with our information, if you believe your copyright has been infringed or if you would like a hyperlink to your site removed, please notify us.
These terms and conditions are governed by the laws of the United Kingdom (“UK”). The courts of UK are to have exclusive jurisdiction to settle any disputes that may arise out of or in connection with these terms and conditions and accordingly any legal action or proceedings arising out of or in connection with these terms and conditions may be brought in such courts.
We respect the intellectual property rights of others and expect our users to do the same.It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the Churchine account who repeatedly infringe the copyrights of others.
Some of the material on Churching Service is protected by copyright and you may infringe it if you reproduce, publish, distribute or exploit such information in whole or in part in any form without the prior written permission of the Company.