- we, us, and our means Nine Lines Golf Limited, a company incorporated in New Zealand (the provider of the Service), and
- User or you means the person who uses the Service, the App and/or the Website, whether as the holder of an Account or otherwise.
All other capitalised terms not otherwise defined have the meaning given to them in clause 17.
4.1 You accept that the Service may evolve and change over time. We reserve the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) with or without notice to you. To the extent permissible at law, we will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service.
Disruption of Service
5.1 We will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted as a result of a malfunction, updating, maintenance or repair of the Website or Service or for any other reason within or outside our control.
5.2 To the extent permissible at law, we shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website, the App or the Service. We will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website or the Service.
Your User Data
6.2 You also grant to us a non-exclusive irrevocable license to copy, anonymize, aggregate, process and display your User Data to derive anonymous statistical and usage data, and data about the functionality of the Service and Outputs, provided such data cannot be used to identify you (Anonymous Data), for the purposes of combining or incorporating such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, licensees, users, or otherwise (when so combined or incorporated, referred to as Aggregate Data). We will own all right, title and interest in the Aggregate Data.
6.3 You acknowledges that the Service depends on the entry by you of accurate and up to date User Data.
7.1 Title, copyright and all other proprietary rights in the Website, the Service and the App and any associated updates or documentation (and all parts and copies thereof) will remain with us.
7.2 If you provide us with ideas, comments or suggestions relating to the Website, App or the Service (together feedback):
7.2.1 we may use or disclose the feedback for any purpose; and
7.2.2 all rights rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us.
Confidentiality and privacy
8.2 We will make every reasonable effort to keep your Personal Information secure. We will not disclose your confidential information except:
8.2.1 to our personnel and any service provider that we work with where necessary to operate the Website, App and/or Service;
8.2.3 if required or permitted by law; or
8.2.4 where you otherwise give us permission to do so.
8.3 Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use the Website, the App and the Service at your own risk, and you should only proceed to use the Website, the App and/or the Service if you accept this condition.
8.4 You must not share another person’s Personal Information without that person’s explicit permission.
8.5 You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify us immediately of any unauthorised use of your Account or other breach of privacy or security.
9.1 You agree to indemnify, and keep indemnified, us, our affiliated companies and our respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Services, including (without limitation) as a result of any:
9.1.2 your use of the Website, the App, the Service and/or any Content; or
9.1.3 violation of any Intellectual Property Rights or other rights of a third party,by you or any person using your Account or username and password (whether with or without your permission).
Limitation of liability
10.1 In no event or circumstances shall we be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, us, our employees, agents or any other persons acting on its behalf.
11.1 You may cancel your Account at any time by following the prompts within the Website or the App.
11.3 Cancellation or termination does not entitle you to any refund of any payments made by you to us unless required by law.
Use of Third Parties
12.1 You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, App and/or Service and store and manage its content
13.1 The App, Website or Service may provide links to other sites or resources. Because we have no control over such sites and resources, you acknowledges and agree that we:
13.1.1 are not responsible for the availability of such external sites or resources, and do not endorse and are not liable for any content, advertising, products or other materials on or available from such sites or resources; and
13.1.2 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Apple and Google
14.1 If you access the Service via the App, you acknowledge and agree:
14.1.3 For the benefit of each of us, Apple and Google, you represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.
Account means an account within the Service controlled by a User enabling them to use the Service.
App means the online application (available via the Apple Store or Google Play Store) through which the Service may be accessed.
Apple means Apple Inc and other companies within its group.
Apple Store means the store/platform operated by Apple making the APP available to iOS devices.
Content means content made available to you via the Service, but excludes any User Data.
Fees means the fee payable to download (and subsequently use) the Service, as detailed in the Website or the App.
Google means Alphabet Inc and other companies within its group.
Google Store means the store/platform operated by Google making the APP available to Android devices
Output means the swing analysis output (including any work plans) from the Service personalised for you and resulting from your golf swing video uploaded into the App.
Personal Information means information about an identifiable individual, or an individual whose identity can be reasonably ascertained, from that information.
Service means the golf swing analysis service supplied by us via the App and/or the Website.
User Data means any data that you upload into the Service (including videos) and all Outputs, or that any other person uploads into the Service for you or on your behalf.
Website means the website at www.ucoachugolf.com through which the Service may be accessed by you, including parts or features of that website that can be used or accessed without requiring registration or logging into.