GOOLF APP TERMS AND CONDITIONS
1. Who We Are
We are Gimme Golf Ltd whose registered address is 1 Gerard Road, Barnes, London SW13 9RQ (we, our, us).
2. These Terms
These terms and conditions (the Terms) govern your relationship with us when you download our goolf mobile app (the App) and, if applicable, register and use any of the functions provided by the App (the App Functions).
By downloading and (if applicable) by ticking “I agree to goolf’s Terms and Conditions and Privacy Policy” when registering to the App and/or by otherwise accessing the App and using the App Functions, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
3. Changes to These Terms
We may revise these Terms from time-to-time for reasons such as to comply with changes to the law/regulation, to reflect changes in the App or App Functions, or to reflect changes in our processes or business practices. Material changes will be notified in advance of coming into effect via an in-App notice and, in some cases (though not always), via direct notification using the contact details that you provided when you registered for an account. By continuing to use the App after changes have been made and (if material) notified, you will be deemed to have accepted those changes and will be bound by them. If you do not accept any changes to these Terms, you should not continue to use the App.
4. Other Important Terms
As well as these Terms, you will also be subject to the terms and conditions of any third party app store via which you download the App (App Store). We have no knowledge or control over any such terms and conditions – it is your responsibility to read them and make sure you understand and agree to them before downloading the App.
5. The App Functions
We offer various App Functions via the App, including those which allow you to:
- create a customisable personal profile;
- view other users’ profiles and search for users with similar interests and profiles;
- match with other users via mutual ‘likes’;
- chat to other users both individually and in groups;
- organise events and invite other users to attend those events; and
- access member benefits that may be offered via the App (and for which you are eligible) from time-to-time.
The list above is not an exhaustive list of the App Functions offered via the App and we may decide to offer additional App Functions, or cease to provide any App Functions, at any time. Some of the App Functions are available only to paid Members (see section 7 below).
6. App Eligibility and Registration
To access the App Functions, you will need to complete a simple registration process by uploading a profile photo of yourself, selecting a cover image from the choices offered, and providing certain information including your name, date of birth, postcode, a short personal bio, and a chosen password. You will also be asked to complete a questionnaire which will be used to determine your ‘golfing persona’ for the App and to enable you to match with other users with similar interests and profiles.
You must be at least 18 years of age to register on the App. You agree that you will provide truthful and accurate information when registering on the App. The decision to accept a registration is in our discretion.
You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the App by you or any person or entity using your password, whether or not such access or use has been authorised by you (unless such access is caused by our failure to exercise reasonable care and skill).
You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage resulting from the disclosure of your password or other account information contrary to these Terms.
You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time-to-time via your in-App account settings.
Please refer to our Privacy Policy [www.goolf.co.uk/privacy-policy/] for an explanation of how we use the personal information we collect from you.
7. Membership Fees, Payment and Auto-Renewal
The App is free to download and some of the App Functions are provided free of charge to registered users, but certain premium App Functions are accessible only on a paid-for basis. Users who pay to access these premium App Functions are referred to in these Terms as Members and the fees payable by Members as Membership Fees.
Membership Fees will be in the amount displayed on the relevant sections of the App, and are payable either on a monthly or an annual basis, depending on the type of Membership you choose.
We can change our Membership Fees at any time, but this will not affect your then-current Membership period and we will notify you in advance of any such change so that you can, if you wish, cancel your Membership before the change comes into effect.
Payment will be made via your chosen payment method registered with the relevant App Store, in accordance with that App Store’s billing processes and terms. Important: Memberships auto-renew at the end of their then-current Membership period (i.e., month or year), which means that your chosen payment method will continue to be billed until you cancel your Membership (see section 8 below for more information about cancellation).
8. Closing your Account / Cancelling your Membership
You can close your account at any time using the in-App functions.
Important: If you are a Member and you wish to cancel your Membership, you will need to do this via your chosen App Store. If you cancel your Membership via your App Store, you will continue to have access to the Members-only App Functions until the end of your then-current paid-for Membership period, following which your Membership will come to an end.
9. Uploading Content
Once you have registered to the App as described in section 6 above, you may upload text, photos, comments, data, and/or other materials (together the UserContent) using the upload interfaces provided.
You are solely responsible for ensuring that you have all the necessary rights to all User Content you upload via the App, including without limitation all rights required to enable access to the User Content by other users of the App. You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store your User Content via the App and to make available your User Content to other users of the App.
You may not upload any User Content that (a) contains defamatory, threatening, abusive, pornographic, or otherwise objectionable material; (b) advocates bigotry, hatred, or discrimination; or (c) violates any law, any intellectual property, publicity, privacy, or other right of others, or any licence or other agreement by which you are bound.
As between us and you, the User Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the User Content.
10. Intellectual Property
You acknowledge that the App and all material published on the App including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (but excluding any User Content) (the goolf Content) is owned and controlled by or licensed to us. You may not copy, adapt, display, communicate to the public or otherwise use any goolf Content except as enabled and permitted by the App Functions from time-to-time.
You are responsible for making all technical arrangements necessary to access the App. You are also responsible for ensuring that anyone who access the App through your account is aware of these Terms and that they comply with them.
You may use the App and the App Functions only for lawful and appropriate purposes. In particular, but without limitation, may not use the App or the App Functions:
· in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
· to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
· to transmit any material that is defamatory, offensive, harassing, or otherwise objectionable;
· to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the App or any computer software or hardware; or
· in any way that breaches our Community Guidelines (set out below in this section 11).
You also agree:
· not to reproduce, duplicate, copy or re-sell any part of the App in contravention of these Terms; and
· not to access without authority, interfere with, damage or disrupt (a) any part of the App; (b) any equipment or network on which the App is stored; (c) any software used in the provision of the App; or (d) any equipment or network or software owned or used by any third party.
Community Guidelines
At goolf, we’re passionate about retaining golf’s legacy, applying its truths, bringing spirited new perspectives of the sport to a new generation, and being playful in order to enjoy everything in the name of a good game. In goolf’s community, there are many types of people, each with their own thoughts, beliefs, and viewpoints.
In order to create a positive, engaging, and fun environment for all users of the App, we ask that you be polite, welcoming, and respectful in your interactions with other users of the App at all times.
We encourage interaction with other users of the App, to chat, get to know others, share questions and ideas, invite others and arrange golf! We simply ask that you always stay on topic, respect the opinions of others, avoid offensive statements, illegal content, and anything else that might otherwise violate these Terms.
12. Our Right to Terminate Your Account / Membership
We are entitled to terminate your account (and, if applicable, your Membership) at any time without notice if you are in material breach of these Terms or if we consider in our reasonable judgment that your use of the App and/or the App Functions is unsuitable in any way. If we terminate for this reason, you will not be entitled to a refund of any Membership Fees that you have paid.
13. Links to Other Websites
The App may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law including any mandatory legal protections you may have as a consumer.
Except as set out in the paragraph above, we will not be liable for any harmful effect that accessing the App or any of the App Functions may have on you, andyou agree that you access the App and the App Functions at your own risk. Without limiting the previous sentence (and subject to the paragraph above), we will not be liable to you for any loss or damage arising from or in connection with:
· your use of, or inability to use, the App or the App Functions;
· your use of, or reliance on, any content displayed on the App; or
· the conduct, actions, or inactions of any other user of the App, your compatibility or otherwise with any other users of the App, or for any other liability arising out of the relationship or interaction between you and other App users.
Except as expressly set out in these Terms and subject to the first paragraph in this section 14, we make no representations, warranties or guarantees of any kind in respect of the App or the App Functions or any content available through the App and all conditions, warranties and representations express or implied are excluded to the full extent permitted by law.
We cannot guarantee there will not be any errors, bugs or interruptions in the App, and we recommend that you maintain up-to-date virus protection on any devices used to access the App. If defective digital content that we have supplied via the App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us, or your failure to use up-to-date anti-virus software.
15. Availability of the App
The App is provided on an “as is” basis without any warranties of any kind, except that we do not seek to limit any mandatory legal protections you may have as a consumer, and we make no representations, warranties or guarantees of any kind regarding the availability or operation of the App or that the App will be secure, uninterrupted or free of defects.
Your access to the App may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functionalities. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the App is unavailable at any time or for any period.
16. Updates to the App
We may make changes to the App from time-to-time to improve the performance and functionality of the App, to address any security issues, or for other business reasons. We may also ask you to install updates to the App (including any mobile app version) for these or other reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or there may be a loss of functionality.
17. Support / Getting in Touch
If you have any questions about the App or these Terms, please get in touch.
You can contact us by email at hello@goolf.co.uk.
18. Miscellaneous
We may transfer our rights and obligations under these Terms to a third party provided that such transfer will not negatively affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Only you and we shall be entitled to enforce these Terms. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing the terms of these Terms and/or our rights, we can still enforce these Terms and/or our rights later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking of any term of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the App and the App Functions.
