Your attention is drawn in particular to clauses 5 and 6 of these terms, which deal with the limitation of our liability and the indemnities to be provided by you.
This document (together with the documents expressly referred to on it) tells you information about us and sets out the legal terms and conditions (Terms) on which we permit you to access and use our intelligentgolf member application ‘igMember’ (the Application).
These Terms constitute the contract between us for the use of the Application by you (Contract). Please read these Terms carefully and make sure that you understand them.
We may amend these Terms from time to time as set out in clause 4. Every time you wish to use the Application, please check these Terms to ensure you understand the terms which will apply at that time.
The use of the Application is not intended for use by persons younger than 13 (the Restricted Age). If you are under the Restricted Age you are not entitled to use the Application and we request that you do not do so. If you are older than the Restricted Age but under the age of consent in the region that you live you must seek the permission of your parent or guardian before using the Application.
1.1 This Contract is made between us, Intelligentgolf Limited, a company registered in England and Wales under company number 03988391 and with our registered office at Glenhurst, Langley Road, Claverdon, CV35 8QA, and you.
1.2 By downloading, installing on your device and the subsequent use of the Application you agree to be bound by the Terms and acknowledge that you have read them. If at any time you disagree with the Terms please discontinue use immediately and remove the Application from your device.
2.1 The Application may be used by you in accordance with these Terms.
2.2 The use of the Application is subject to its availability. Notwithstanding the provisions of clause 12.1 we will endeavour to ensure its availability at all times but cannot and do not accept any liability to you should the Application not be available at any particular time due to events or circumstances beyond our control.
2.3 Since you may be accessing the Application from outside of this territory and outside of the jurisdiction of the laws of the United Kingdom it is up to you to make sure that the Application is appropriate and suitable for your use where you are located, and furthermore that your use of the Application does not violate any laws of the country, state or territory in which you use the Application. You agree that you access and use the Application from outside of the United Kingdom at your own risk and that you are responsible for compliance with local and applicable laws.
We will hold all personal information that we obtain in connection with your use of the Application in accordance with our Privacy Policy.
4.1 We may revise these Terms from time to time.
4.2 Every time you use the Application, the Terms in force at that time will apply to the Contract between you and us.
4.3 Whenever we revise these Terms, we will keep you informed and give you notice of this by putting a notice on the Application or sending you an electronic communication stating that these Terms have been amended together with the relevant date of amendment.
5.1 We do not give any representation, warranty or undertaking in relation to the Application. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Application is suitable for your purposes.
5.2 You understand that through the use of the Application you may be exposed to content created by others. We do not inspect such content prior to its publication. You understand that we are not responsible for the content that you may be exposed to, since it originates from others and is not within our total control. We therefore disclaim all liability and responsibility arising from any damage you may suffer from interacting with such content, information or materials, or the damage suffered by anyone who may be informed of or aware of any of its contents.
5.3 The material displayed on the Application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude:
5.4 This clause 5 does not affect our liability for death or personal injury arising from our negligence, nor our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5.5 Any claims by you that may arise out of the use of the Application must commence within one (1) year after the event or cause of such action takes place. Failure to initiate such process shall permanently bar any claims pertaining to the same action.
6.1 You agree to indemnify and hold us harmless and any of our partners, affiliates, parent, subsidiaries, licensors, officers, directors or any representatives thereof, on demand, from all claims, losses, damage, harm or ill that may come as a result of
6.2 We reserve the right, at your expense, to assume the exclusive defense of any matter arising for which you are liable to indemnify us, and you agree to cooperate with the defense of these claims.
7.1 We maintain the right to monitor and pre-screen any content at our sole discretion but this does not constitute an obligation on us to verify or otherwise certify, or take any responsibility for the nature of any content howsoever screened.
7.2 We maintain the right (but are not so obliged) to prescreen, refuse or remove any content available through or posted to the Application that may be deemed to be unacceptable, illegal, immoral or otherwise objectionable, at our sole discretion. We maintain the right to remove or delete any user submitted content at any time without prior notice.
You must login to the Application using your inteligentgolf account. Certain information may be pulled from your intelligentgolf account to auto-populate fields that pertain to your account information for the Application. You hereby authorize the use of such information and understand that as condition to these Terms that certain account fields will not be available to edit and you have no right to dispute, or claim against this. You grant consent to, and acknowledge that, all account information may be preserved by us, and along with any contributed content may be disclosed in order to comply with legal process, enforce the Terms of this agreement, respond to a claim of third party copyright or rights infringement, respond to your requests for customer service, or to protect the rights, property or personal safety of us, our other users and the public.
9.1 You understand that the Application may, from time to time, need to access the functionality and/or data of your handheld device to perform some of the functions of the service. This may include, but is not limited to, access to your address book and contacts list pursuant to the purpose of completing or executing, in whole or in part, functions of the Application and you hereby grant that permission.
9.2 You agree that the Application may collect data about your usage of the service and may collect further data about specific aspects of your data, subject to your agreement of these Terms and subject to your preferences with regards to the collection of this data as defined by your application permissions. You understand that this data may be collected and stored on our servers. You understand and agree that that agreement with these Terms allows us to use this data in any way and you waive all rights to legal remedy or compensation from us, our partners and our affiliates, for any damage, loss, ill or harm that may occur as a result of our possession of any data herein described. You understand that this data may be collated, mined, interpreted, analyzed and utilized in any way.
Your use of the Application, and the nature of the program, means that the Application (and we) may periodically need to access your location data. This includes but is not limited to, the GPS coordinates of your device and/or any Postcode/Zip-code or other location information you enter. You agree to and understand that the Application may access the GPS information on your device from time to time for the purposes of carrying out the processes needed to provide you with the functionality of the Application and that this information may be stored on our servers for a period of time as determined both by the constraints of the program, and for a period of time as deemed necessary by us to provide you with the features of the service that depend or may depend on such information. You agree that any information you submit that pertains to your location is accurate and true and that you have not tampered with the GPS function of your device in any way.
11.1 In the event that you have downloaded or otherwise acquired the Application from the Apple App Store or Google Play Store (together the Stores) you agree to and acknowledge the following:
12.1 Access to the Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Application without notice (see below). We will not be liable if for any reason the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, for maintenance, upgrade or otherwise.
12.2 We maintain the right to automatically update the software on your device at any time, with or without notice within the confines of the platform restrictions on which the Application is installed. Such modifications may take place during an update or upgrade and you may have to agree to a new or updated version of these Terms when this occurs. There is no guarantee or obligation that any upgrades, updates, improvements or modifications will be available to you and you hereby authorize any such changes to the software to take place.
12.3 If you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
12.4 We may process information about you in accordance with our Privacy Policy. By using the Application, you consent to such processing and you warrant that all data provided by you can be legally and properly transferred to us by you. You also warrant to us that the information you provide to us is accurate, genuine and provided entirely in good faith.
12.5 You must not misuse the Application by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which the Application is stored or any server, computer or database connected to the Application. You must not attack the Application via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Application will cease immediately.
12.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or to your downloading of any material from it, or on any website linked to it.
12.7 You may link to the Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.8 You must not establish a link from any website that is not owned by you.
12.9 Our Application must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy clause 13.
12.10 Where the Application contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12.11 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
12.12 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.13 You may only transfer your rights or your obligations under these Terms to another person if, at our sole discretion, we agree in writing.
12.14 The Contract is between you and us. Subject to the provisions of clause 11, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
12.15 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.16 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.17 These Terms are governed by English law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
12.18 All intellectual property rights, of whatever nature, (IPR) on and in relation to the Application are and remain our property. You may use such IPR only for the purposes of, and only for the duration of, your use of the Application.
12.19 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or the use of the Application. You further acknowledge that submission of content, whether through Submissions or conversation dialogue creates no relationships between you and us, whether confidential or fiduciary, and there is no contractual implied relationship between you and us other than that expressed as per the provisions of these Terms.
12.20 Clauses 5, 6, 12.17, 12.18 shall survive the termination of these Terms by you or us.
13.1 You may use the Application only for lawful purposes. You may not use the Application:
13.2 You also agree that you will:
13.3 Failure to comply with this acceptable use policy constitutes a material breach of the terms upon which you are permitted to use the Application, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
14.1 Intelligentgolf Limited and the igMember application may offer products and services for purchase (in app purchases) through iTunes, Google Play or other application platforms authorized by Intelligentgolf Limited (each, a Software Store). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (your IAP Account), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. It is further noted that any remaining portion of a free trial period (if offered) will be forfeited at the purchase of a full subscription. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing within 24 hours of the end of your currently subscribed period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or the igMember application from your device.