Last updated on 26th November, 2024
Welcome to mychurch Application, operated by Saint-Augustin SA. By accessing or using the services provided on our mobile application or web platform (collectively referred to as the “Service”), you agree to comply with and be bound by these Terms and Conditions (“Agreement”). If you do not agree to these Terms, you must refrain from using the Service.
Please read these Terms carefully before using the Service, as it outlines your legal rights, limitations, and the applicable law and jurisdiction for any disputes.
You may terminate this Agreement at any time by closing your account, either by contacting us or by accessing ‘My Account’ while logged in and selecting the ‘Remove account’ option. Once your account is closed, you will no longer have access to the Services.
1. Definitions
For the purposes of this Terms & Conditions:
- Account means a unique account created for a User to access and use the Service or parts of the Service, including profile information and account settings.
- Content means any information, text, links, graphics, photos, audio, videos, data, code or other materials that you can view on, access or otherwise interact with through the Service.
- MyChurch (referred to as either “mychurch “, “We”, “Us” or “Our” in this Agreement) refers to Saint-Augustin SA.
- Device means any device that can access the Service such as a computer, mobile device or a digital tablet.
- MobileApp means the mobile software provided by MyChurch, downloadable and usable by a User on any electronic device, named MyChurch.
- Service refers to all features available inside the MobileApp or the WebPlatform or both.
- Service Provider means any natural or legal person who processes the data on behalf of mychurch. It refers to third-party companies or individuals employed by my church to facilitate the Service, to provide the Service on behalf of mychurch, to perform services related to the Service or to assist mychurch in analysing how the Service is used.
- User (referred to as either “the User”, “You” or “Your” in this Agreement) refer to the individual accessing or using the Service.
- WebPlatform means the online software provided by mychurch, usable online through a browser by a User on any electronic device, named mychurch.
2. Use of the Service
As a condition of using the Service, you agree to:
- Provide true, accurate, current, and complete information.
- Safeguard your account information and supervise any use of your account by others.
- Be at least 13 years of age, as We does not knowingly collect information from anyone under 13.
- Acknowledge that we retain the right to deny you access to the Service at our sole discretion for any reason, including violation of this Agreement.
- Take sole responsibility for any information you share.
- Access the Service solely as intended through its provided functionality and as permitted under this Agreement.
3. Prohibited Activities
For all Content other than your own, you agree not to:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Service.”
Additionally, you agree not to:
- Use the Service or Content for any commercial purpose;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, licence, copy or otherwise exploit any Content of the Services, including but not limited to, User profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Take any action that imposes, or may impose, in our sole discretion , an unreasonable or disproportionately large load on our infrastructure;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
- Download any Content unless it’s expressly made available for download by the Service;
- Use, or assist, encourage, or enable any third-party to use, any robot, spider, artificial intelligence (AI) system, or other automated device, process or means to access, retrieve, copy, scrape, aggregate, collect, download, or otherwise index any portion of the Service or any Content, except as expressly permitted by Us.
4. Reviews, Comments and Use of other Interactive Areas
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
- Is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offence, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers. Note that an individual’s full name may be posted through our Service, but only where express permission of the identified individual has been secured beforehand;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
To the extent permitted by applicable law, mychurch takes no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor mychurch liable for any mistakes.
5. Restriction and/or Suspension of your use of the Service
Any use of the Service in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Service.
MyChurch may also suspend the processing of notices and complaints submitted through the Service if you frequently submit manifestly unfounded notices or complaints.
These Terms are governed by and construed in accordance with the laws of Switzerland. Any disputes arising from these Terms shall be resolved exclusively in the courts of [specific jurisdiction]
6. Data Privacy
Your use of the Service is also governed by Our Privacy Policy, which explains how We collect, use, and store your Personal Data. By using the Service, you consent to the practices described in the Privacy Policy.
For more information, visit: Privacy Policy.
7. Service Availability
We strive to ensure that the Service is available to Users 24/7. However, we do not guarantee uninterrupted access due to:
- Planned Maintenance: Scheduled updates or system enhancements.
- Unforeseen Events: Technical issues, server outages, or external factors beyond Our control, for example: cyberattacks, government actions, or labour strikes.
You are responsible for ensuring that your device, internet connection, and software are compatible with the Service.
The Company is not liable for any direct or indirect losses caused by Service interruptions, including but not limited to loss of data, missed deadlines, or business disruptions.
If you encounter technical issues, please contact Us at mychurch@saint-augustin.ch for assistance.
8. Limitation of Liability
To the fullest extent permitted by law, Saint-Augustin SA and its affiliates are not liable for:
- Indirect or Consequential Damages: Such as loss of profits, revenue, or data.
- Third-Party Actions: Issues caused by third-party services integrated into the Service, such as payment gateways or hosting providers.
- Force Majeure Events: Events outside Our reasonable control, including natural disasters, wars, strikes, or cyberattacks.
In jurisdictions that do not permit the exclusion of certain liabilities, Our total liability is limited to the amount you paid (if any) for the Service during the 12 months preceding the event giving rise to the claim.
This limitation does not apply to liabilities arising from:
- Fraud or gross negligence by the Company.
- Death or personal injury caused by Our negligence.
9. Indemnification
By using the Service, you agree to indemnify and hold harmless Saint-Augustin SA, its employees, directors, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Violation of these Terms.
- Misuse of the Service or breach of applicable laws.
Claims related to content you upload, post, or share through the Service that infringes third-party rights or violates laws.
Unauthorised use of your Account or the Service by a third party due to your failure to maintain the security of your credentials.
We reserve the right, at your expense, to assume exclusive defence and control of any matter for which you are required to indemnify Us. You agree to cooperate with Our defence of such claims and not settle any matter without Our prior written consent.
10. Contact us
You can contact us:
- by email: mychurch@saint-augustin.ch
- by post: CP 51, Av. du Simplon 4, 1890 St-Maurice
We may revise these Terms periodically. Significant updates will be communicated via the Service or email, where appropriate. By continuing to use the Service after changes are made, you agree to the revised Terms.
Terms & Conditions last updated on 26th November, 2024
