By accessing or otherwise using the App or Website you are deemed to have accepted these Terms of Use, which shall form a binding agreement between you, as a User, and us.
In these Terms of Use:
- 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.
Licence
- 1.1 We grant you a limited, non-exclusive, non-transferable licence to access and use the Service strictly in accordance with these Terms of Use.
- 1.2 You agree that your licence to use the Service is subject to you complying with these Terms of Use, including the payment of the applicable Fees.
Fees
- 2.1 Unless (and only to the extent) we have a formal written agreement with another person, under which that person has agreed to make payment of your Fees (or any part of them) on your behalf, if you use the Service, you must pay the associated Fees. You will be prompted, within the App or the Website to make payment of the relevant Fees.
- 2.2 Credit card transactions are securely processed by Stripe, a third party payment processor, and are subject to Stripe’s Terms of Service (available at stripe.com/us/legal). Stripe is solely responsible for such transactions and we exclude all liability for such transactions to the extent not restricted by law. Stripe maintains administrative, technical, and physical procedures to protect information stored on its servers, as outlined within its privacy policy (available at stripe.com/us/privacy).
- 2.3 The Service may contain links to third-party websites which are operated and owned by independent providers or retailers. Such third-parties may charge for use of certain content or services provided on their website. Therefore, you should make appropriate inquiries before proceeding with any transaction with any third party to determine whether a charge will be incurred.
Restrictions
- 3.1 You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Services or its Content. Additionally, you agree:
3.1.1 to use the Service and any Outputs for personal golf swing analysis purposes and not for any other purpose;
3.1.2 not to use the Service or any Output for any illegal purpose;
3.1.3 to ensure that any information you provide in connection with your Account and use of the Service is accurate and current, and that you will promptly notify us of any change in such information;
3.1.4 to keep your Account details and password strictly confidential and not share your Account password with any other person;
3.1.5 to use the Service in a way that may damage, disable, overburden, or impair the Service;
3.1.6 not to reproduce, duplicate, copy, sell, assign, transfer or otherwise exploit for any commercial purpose the Service; or
3.1.7 not to attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer or undermine the security or integrity of any software programs used by us in connection with the Service, the App or the Website.
Changes
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.
5.3 You agree that use of the Service is at your own risk and that we do not warrant that the Service or any Outputs will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free. Our obligation in clause 5.1 is in lieu of all other warranties in respect of the Website, the App or the Service. To the maximum extent permitted under applicable law, all other warranties, condition and representations, whether express, implied or verbal, statutory or otherwise, and whether arising under these Terms of Use or otherwise, are excluded (including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose).
Your User Data
6.1 Your User Data will be (and will remain) owned by you. However, you grant to us a licence to access, use and disclose your User Data for the purposes of providing the Service and otherwise exercising our rights under these Terms of Use, enhancing and developing the Website, App and Service and communicating with you about the Service and any other matters that may be of interest. We may also disclose your User Data (including Personal Information) in connection with a proposed purchase or acquisition of our business or assets, where requested by a Government agency for contact tracing purposes and where required by an applicable law or any court, or in response to a request by a legitimate law enforcement agency.
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.
Ownership
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
8.1 You should ensure that you read our Privacy Policy as it forms part of these Terms of Use. We will process your Personal Information according to our Privacy Policy.
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;
8.2.2 in accordance with our Privacy Policy;
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.
Indemnity
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:
9.1.1 breach of these Terms of Use (including, for the avoidance of doubt, the Privacy Policy);
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.
10.2 To the extent permissible at law the total liability of us for any loss arising from or in connection with these Terms of Use, the Website, App, Service or Content, will not in any circumstances exceed NZ$100 in aggregate. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Cancellation
11.1 You may cancel your Account at any time by following the prompts within the Website or the App.
11.2 We may suspend or terminate your Account at any time if we reasonably suspect you have breached these Terms of Use (including, for the avoidance of doubt, the Privacy Policy).
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
Links
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:
14.1.1 where the App is downloaded from the Apple Store:your rights to install and use the App are subject to these Terms of Use and the relevant terms in the Apple Store terms of service;Apple is not responsible for the App in any way, including for any maintenance or support of the App;to the maximum extent permitted by law, Apple has no warranty obligations with respect to the App;we (and not Apple) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that persons intellectual property rights); andthough this Agreement is entered into between us and you, Apple, as a third party beneficiary under this agreement, will have the right to enforce these Terms of Use against you.
14.1.2 Where the App is downloaded from the Google Play Store:your rights to install and use the App are subject to these Terms of Use and the relevant terms in the Google Play Store terms of service;Google is not responsible for the App in any way, including any maintenance or support of the App; andWe (and not Google) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that persons intellectual property rights).
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.
Amendments
15.1 These Terms of Use may be amended or replaced from time to time, with or without prior notice to Users, by posting updated Terms of Use on the Website. Any updated Terms of Use become effective as soon as they are posted.
15.2 If updated Terms of Use constitute a material change to these Terms of Use, we will endeavour to post an announcement on the Website. Your continued use of the Service and/or Website following any amendment constitutes your acceptance of the updated Terms of Use.
15.3 If you do not agree to the updated Terms of Use you must cease to use the Service and cancel your Account.
General
16.1 These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to these Terms of Use.
16.2 We may transfer, assign or sub-license our obligations under these Terms of Use and our rights and obligations without your consent.
16.3 If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that these Terms of Use shall otherwise remain in full effect.
Definitions
17.1 In these Terms of Use, the following terms have the following meanings:
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.
Privacy Policy means our privacy policy as updated from time to time and published on the Website.
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.