Last updated 2nd May 2022
This End User License Agreement (‘EULA’ or ‘terms’) constitutes a legally binding agreement made between you (‘you’), and Golf Guru Ltd., a company registered in England & Wales with CRN 12335805 and a registered address at 25 Cambium Apartments, 1 Beatrice Place, London, United Kingdom, SW19 6BU (‘we’, ‘us’). We are the creators and operators of the ‘Golf Guru’ website www.golf-guru.co.uk (the “Site”) and the ‘Golf Guru’ mobile app. For the purposes of this agreement, both the Site and mobile app shall be referred to as the “App”.
If you do not agree to these terms, we will not allow you to use the App and you should not download it.
In this agreement, references to the ‘App Distributor’ means either Apple’s App Store or Google’s Play Store (as applicable), and we refer to the rules contained in the applicable App Distributor’s terms and conditions as the ‘App Distributor Rules’.
• This agreement is made between you and us. The App Distributor is not a party to this agreement and has no responsibility for the App or its content.
• We license you to download the App onto any Apple or Android-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Distributor Rules. The licence:
• is only for you personally and for devices that you own or control (except in the situations described in clause 1.3) and it cannot be transferred to any one else;
• is not for business use;
• starts when you download the App; and
• covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
• The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Distributor Rules.
• You must comply with the App Distributor Rules as well as this agreement but, if there is any conflict between them, you should follow the App Distributor Rules rather than the equivalent rule here.
• You do not own the App or any of its contents but you may use it as permitted by this agreement and by the App Distributor Rules.
• If you sell or give away the device on which you have downloaded the App, you must first remove the app from the device.
• You are not allowed to:
• manipulate the App (which might include accessing its code, inserting new code, or modifying the way it functions in any way); or
• pretend that the App is your own or make it available for others to download or use.
• Our App is directed to people residing in the United Kingdom. The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
• The App is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the App or use the Services without parental permission.
• Using the Services
• Physical Activity Disclaimer. If you have any medical conditions or are thinking about starting an exercise program or engaging in strenuous or unusual physical activity, including golf, you should consult your doctor first. Not all activities described on the Services are suitable for everyone. Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services and the App.
• Psychology Coaching Disclaimer. You understand and agree that the Services and any other information you learn from Golf Guru are not intended, designed, or implied to diagnose, prevent, or treat any psychological condition or disease, to ascertain the state of your health, or to be a substitute for professional medical and/or mental health care. you hereby acknowledge this disclaimer and that we are not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you with access to the App. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the App.
In order to use the App, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the App. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to firstname.lastname@example.org
Payment and Fees
• In order to access certain functionalities of the App and Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a one month or or annual basis. All subscription fees are payable in advance. If you change from monthly to annual subscriptions, the annual rates shall take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your account, whether on a one-time or subscription basis. We reserve the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
• To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by us) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting the settings page in the. If you paid through the App Distributor, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by us, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method on the App, please contact us immediately by sending an email to email@example.com
Auto Renewal and Cooling Off
• Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
• You are entitled to change your mind and receive a full refund within (7) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.
If you signed up through the Google Play or Apple App store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your subscription at any time by downgrading your account through the corresponding App Distributor.
Support and contact
We are responsible for customer service in relation to the App and can help you if you are having any issues. You acknowledge that the App Distributor has no obligation whatsoever to provide any support or maintenance services in relation to the app, although if the app is faulty, you may be able to claim a refund from them.
If you need to get in touch with us, you can use any of the following methods:
If we need to get in touch with you, we will do so by email or an in-app notification.
Privacy and your personal information
Content and Content Right
For purposes of these Terms, “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 the App.
Golf Guru and its licensors exclusively own all rights, title and interest in and to the Services, App and Content, including all associated intellectual property rights. You acknowledge that the Services, App and Content are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, App or Content.
Rights Granted by You
By using the App you (i) acknowledge and agree that the performance of the Services, including video and audio of you, may be recorded by Golf Guru and such recordings will constitute Content (such recordings of you and any intellectual property rights you may have in such recordings are referred to in these Terms as “User Content”), (ii) consent to such recording, and (iii) grant to Golf Guru a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and otherwise exploit any User Content in connection with operating and providing the App.
Rights Granted by Golf Guru
Subject to your compliance with these Terms, Golf Guru grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Third party content
If any third party claims that the App or your possession and use of the App infringes their intellectual property rights, we (and not the App Distributor) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
We may, with your consent, email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Golf Guru is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the App are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer). The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Services may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You may terminate your use of the App at any time by terminating your account and deleting the App from your device. Termination of your account is your sole right and remedy with respect to any dispute with Golf Guru regarding the App or these Terms. Golf Guru may suspend or terminate your access to the App at any time, for any reason. If Golf Guru suspects that you have violated any provision of these Terms, Golf Guru may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of the App in your possession. You remain solely liable for all obligations related to use of the App, even after you have stopped using the App. Neither Golf Guru nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the App or termination of your access to the App or Services.
Disclaimer of Warranties
Your use of the App is at your sole risk. The App and Services are provided on an "as is" and "as available" basis. Golf Guru, its affiliates, licensors, suppliers, and distributors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Golf Guru does not warrant uninterrupted use or operation of the service or that any data sent by or to you will be accurate, complete, transmitted in uncorrupted form, or transmitted within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access or use of the service, including loss of any loss or harm to your mobile device. No advice or information, whether oral or written, obtained by you from Golf Guru, through or from the App, will create any warranty not expressly stated in these Terms.
Limitation of Liability
Neither Golf Guru nor its affiliates, licensors, suppliers, or distributors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if advised of the possibility of these damages, resulting from your access or use of the App.
Except as otherwise expressly set forth in these Terms, the maximum total liability of Golf Guru, its affiliates, licensors, suppliers, and distributors to you for any claim related to the App, whether in contract, tort, or otherwise, is the greater of the amount you paid for the service or £100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
You will defend, indemnify and hold Golf Guru, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the App and Services, your violation of these Terms, or your violation of any rights of a third party through use of the App and Services.
• Acceptable use
• You must not use the App to do any of the following things:
• break the law or encourage any unlawful activity;
• send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
• infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
• transmit any harmful software code such as viruses;
• try to gain unauthorised access to computers, data, systems, accounts or networks; or
• deliberately disrupt the operation of anyone’s website, app, server or business.
• We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
• Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.
• We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
• Changes to this agreement
• We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
• You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app.
• Prohibited territories and persons
• You represent and warrant that you are not:
• located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
• on any US Government list of prohibited or restricted parties.
• If either of the situations in clause 17.1 apply to you, you are not permitted to download and use this App.
• Transferring this agreement
• We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
• You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
• Governing law and jurisdiction
• The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
• Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.