Terms and Conditions of Use (EULA)
(EULA revised on 23/06/2023)
We, as well as any company or business entity controlled by, controlling or under common control with us (the “Group”), offer various platforms for man-to-person game management, organization and search for golfing for personal, leisure and non-commercial purposes. We provide free and paid products and services on desktop, mobile web and applications (the “Services”).
Our Services are open to all adults over the age of 18, provided they meet the eligibility criteria below. If you are under the age of 18, you are not authorized to access the Services and must immediately cease using the Services.
2 Eligibility for services
You may only use the Services under the following conditions. You represent and certify:
- Be over 18 years old and be able to enter into a legally binding contract with us.
- Fulfill the registration requirements set out on the Services
- Provide correct, accurate and truthful information that is not confusing. In particular, demonstrate sincerity and honesty when completing your profile and in your interactions with other users as well as with us.
- Acknowledge and agree that the purpose of the Services is to discuss for personal, entertainment and non-commercial purposes, with the general objective of seeking more fun in the practice of golf.
- Comply with and respect the purpose of the Services at all times.
- Declare that they are not currently registered in the Sexual or Violent Offences Index (Fijais).
- Declare that they have never been convicted of any unlawful act involving any fraud, sexual offence, violence (including domestic violence), harassment, terrorism or hate crime.
We reserve the right to refuse, suspend or terminate access or membership at any time if you do not meet any of these terms.
Registration for the Services is free of charge. You agree not to create more than one account.
You agree to provide the mandatory information required to complete your profile on the Services and keep such information up to date. You acknowledge and agree to the posting of some of this information on the Services.
The information provided by the user on the Services during registration and thereafter must be accurate and truthful. The consequences of the disclosure of such information on the life of a user or other users are the sole responsibility of the user concerned. When you disclose and disseminate any information, data, text, content, videos and images about yourself, you waive your right to file any claim against us, in particular on the basis of a possible violation of your image rights or personality, honor, reputation or right to privacy that may arise from the distribution or dissemination of such information.
You are responsible for maintaining the confidentiality of the login credentials you use to register for our Services, and you are solely responsible for all activities that occur under those credentials. If you believe that someone has gained access to your account, you are encouraged to contact us immediately at the address listed in the “Requests and Complaints” section below.
4 Rules of conduct
As a user, you are required to comply at all times with the following rules of conduct and agree not to:
- violate the Community Guidelines, as updated from time to time;
- publish your personal contact details or disseminate another person’s personal information (email address, postal address, telephone number, etc.) in any way (in a profile description, in a photo, etc.);
- post any content that violates or infringes the rights of others, including those relating to publicity, privacy, copyright, trademarks, or any other intellectual property or contractual rights.
- impersonate any person or entity;
- solicit passwords for any purpose or personally identifying information for commercial or illegal purposes from other users;
- spam, ask for money or defraud a user;
- send bulk messages;
- post any hateful, threatening, sexually explicit or pornographic content; incites violence or contains nudity or explicit or gratuitous violence;
- post any content promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;
- insult, abuse, intimidate, assault, harass, abuse or defame any person;
- use the Services for any harmful or malicious purpose;
- use the Services to harm us or our Group;
- use the Services for any purpose that is unlawful or prohibited by these Terms of Service;
- use the Services to promote or facilitate transactional personal relationships and/or commercial sexual services and/or non-consensual sexual acts;
- use any software, scripts, robots or any other means or processes (including web crawlers, browser plug-ins and add-ons, or any other technology) to access, extract, index, mine data or in any way reproduce or evade the navigational structure or presentation of the Services or its contents;
- use another user’s account, share an account with another user, or manage multiple accounts.
- create another account if we or our Group have already terminated your account, unless you have received permission from us.
We reserve the right to suspend or terminate your account without notice and without refund for your breach of these obligations, misuse of the Services, or conduct that we consider inappropriate or illegal, including with respect to any action or communication that occurs in or outside of the use of the Services. In order to better secure the Group’s services, the information of banned users may be shared within the Group in order to allow us or any other Group platform to take the necessary measures against at-risk users, including termination of their account and/or prohibition from creating an account.
5.1 Free features
Your registration for the Services provides instant access to free features. These features are not the same depending on the type of services you are registered with and may change over time.
Free features and functionality include creating your user profile, certain search features, browsing other users’ profiles, and accessing certain events and activities. In general, communication with other users requires a subscription.
5.2 Paid services
We operate in many countries and provide services to a diverse community of users. Our pricing structure may vary by country, subscription duration, distribution channel, special offers and promotions. We regularly test new features in order to provide enhanced services and free or paid options to users who want to take advantage of them. We may also, from time to time, change or discontinue offering certain types of Purchases.
Recurring subscriptions and/or one-time purchases (“Purchases”) provide access to additional features. You have the opportunity to review information about such paid services (“Paid Service(s)”) on the Services, before completing a Purchase.
5.3 Events and Activities.
When events or activities are offered, specific conditions are applicable and available on the pages describing the events or activities.
5.4 Badges, awards and others
We may from time to time offer profile badges, awards or similar items to users, subject to meeting the eligibility criteria for obtaining them.
We make no representations or warranties regarding the holder of a badge, distinction or similar item, as they are generally obtained on the mere declaration of said user, which we are not able to verify.
6 Subscription procedure and conditions
Depending on your location and how you access the Services (e.g. via computer, mobile device, or app on iOS or Android), Purchases may be made directly on our Services (e.g. via payment card, PayPal, etc.), through mobile operators, or through in-app payment systems (such as the App Store/Google Play). When you choose to make a Purchase, you are asked to confirm this with the relevant payment provider. Your payment method, such as a credit card or your third-party account, such as Apple Pay/Google Play in the App Store/Google Play (the user’s “Payment Method”), will be charged the amounts displayed for the Purchase(s) you have selected and you authorize us and/or Apple/Google or another third party account (as applicable) to charge you.
The Purchase is confirmed at the time the financial transaction is authorized and confirmed with your bank or third-party account (such as mobile operators or Apple/Google App Store/Google Store).
6.2 Automatic renewal of the subscription; Automatic payment by card
In the event that you purchase a renewing recurring subscription (a “Subscription”), your Payment Method will continue to be charged for the Subscription until the current Subscription period expires. After your initial commitment period, and again after any subsequent commitment period, your Subscription automatically renews for an equivalent period, unless otherwise specified at the time of purchase. By purchasing a Subscription, you are contractually bound to continue recurring payments throughout the Subscription period and any current renewal period, until you terminate the automatic renewal of that Subscription.
We remind you that some Subscriptions are subject to special offers, under which the price is reduced for a given period before renewal at the standard price (without discount).
Any objection relating to a payment already made should be addressed to our Customer Service at the address mentioned in the “Requests and Complaints” section below if you made your Purchase directly on our Services. You may withdraw your consent to automatic card payments at any time without conditions. However, we would like to point out that you are still responsible for paying any outstanding amounts due to us until the end of the current Subscription period, provided that you have also cancelled the automatic renewal of your Subscription.
6.3 Right of withdrawal immediately after purchase
In accordance with Article L.221-18 of the FRENCH Consumer Code, you have a period of fourteen days from the day following a Purchase to exercise your right of withdrawal (without penalty and without reason) by completing the withdrawal form available here or by writing to the e-mail address indicated in the “Requests and complaints” section below.
Subscriptions begin upon confirmation of the Purchase. You may, if you wish, access the Services immediately without waiting for the end of the withdrawal period, in accordance with Article L.221-25 of the Consumer Code.
In any case, if you log in to your account and use the Services before the end of the withdrawal period, this first connection constitutes an express request by you to have immediate access to the Services. Immediate access to the Services does not deprive you of your right of withdrawal, which remains valid until the expiry of the fourteen-day period. However, if you use a paid service and subsequently ask us to cancel it during the cooling-off period, each day of use is payable and we will refund you on a pro rata basis.
The refund will be made within 14 days of the date we were informed of your decision to withdraw and is processed with the same Payment Method you used for the original Purchase.
If you purchased a Paid Service through the App Store/Google Play and wish to cancel it within 14 days of purchase, cancellations and refunds are processed by Apple/Google under Apple/Google’s own terms and conditions, over which we have no control. To request a refund, you must log in to your Apple/Google account and follow Apple/Google’s cancellation and refund instructions.
6.4 Additional Third Party Services
The Services may contain advertisements and promotions offered on third-party platforms and external resources such as Apple/Google websites or mobile applications, social networks, etc. (“Third Party Platforms”). We cannot be held responsible for the availability (or unavailability) of these Third Party Platforms. In the event that you choose to interact with Third Party Platforms made available through our Services, the terms of such platforms govern their relationship with you. We cannot be held responsible for the terms or actions of Third Party Platforms.
- Termination of the Subscription – Suspension of profile – Closure of account by the user
- Termination of the Subscription (cancellation of automatic renewal)
The automatic renewal of a Subscription may be interrupted between 24 hours after purchase and at least 48 hours before the renewal of the Subscription. We retain all monies debited from your Payment Method until the end of the current Subscription period.
Deleting our app from your device does not terminate your Subscription. If you want to stop auto-renewal, you must log in to your account and follow the instructions.
Under Articles L 215-1 and L241-3 of the Consumer Code, “For contracts for the provision of services concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated nominative letter or e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in a visible box, the deadline for termination. Where this information has not been sent to him in accordance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, until that date, to the performance of the contract. The provisions of this Article shall apply without prejudice to those which make certain contracts legally subject to special rules concerning consumer information. In the absence of repayment under the conditions provided for above, the sums due shall bear interest at the legal rate“.
Thus, we will inform you, by email sent no earlier than three months and no later than one month before the end of the initial Subscription, of the renewal of this Subscription, as well as the possibility of cancelling it free of charge. In addition, information on the expiry of the Subscription is provided to you in the “My Account” section.
Once auto-renewal is turned off, you can continue to use your Subscription until the expiration date. Any amount remaining due on the total price of the Subscription remains due and payable until the end of the current Subscription period. You no longer have access to the Subscription as of the expiry date of the current Subscription. However, you still have access to the free features.
6.5 Non-renewal of Subscriptions made through the Apple Store/Google Play
In the event that you have made a Purchase through Apple/Google, automatic renewals and terminations are managed by Apple/Google under its own terms and conditions, over which we have no control. To request termination of a Paid Service, you must log in to your Apple/Google account and follow Apple/Google’s instructions.
6.6 Account termination/deletion and profile closure
You may close your account on the Services at any time by following the instructions available in your “My Account” section. In the event that you encounter any difficulties, you are invited to contact Customer Service who are authorized to do so on your behalf. You may no longer use your account, including making any Purchase, from the business day following any closure request. However, all payments under the Subscription remain due and payable for the remaining portion of the current period.
When you close your account, you will receive a confirmation email.
7 Intellectual property
7.1 Content we post on the Services
All names, trademarks, logos, graphics, photographs, animations, videos, text, and in general any content displayed on the Services, are our exclusive property, or have been licensed to us or are under our control, and may not be reproduced, used or communicated without our express permission, under penalty of prosecution.
The rights of use granted to you are limited to your private and personal use in connection with your use of the Services and for as long as you have an account with us. Any other use by you is prohibited. Likewise, you are not allowed to copy, reproduce or use in any other way the content produced by other users, for purposes other than strictly personal and private.
You are prohibited from, among other things, copying, reproducing, downloading, broadcasting, transmitting, modifying, commercially exploiting and/or distributing content, pages or computer code of the Services, in any way whatsoever, under penalty of prosecution.
7.2 User Content
By having an account and using the Services, you grant us a worldwide license to use the intellectual property rights arising from the content you provide (information, images, descriptions, search criteria, recordings, etc.) in connection with your use of the Services, including, without limitation, your profile and interactions with other users. This license specifically includes the right we have to reproduce, represent, distribute, modify, adapt (in order to comply with the graphic charter of the Services and/or to make it compatible with its technical features or the formats supported by the media concerned), translate, digitize, use for the purposes of the Services and/or sublicense the content you have provided on all or part of the Services, in your emails and notifications to other users or any other communication relating to the Services, subject to applicable law.
8 Warranties, Liability and Indemnification
8.1 Our obligations in relation to your use of the Services
We expressly disclaim any liability in connection with events of any kind that may occur between you and other users during online interactions or during “real life” interactions between people.
We do not verify the actual identity of users when they register for the Services. In addition, users post and upload content to the Services under their sole responsibility. We do not comprehensively control or moderate this content. However, photographs and descriptions of user profiles are moderated before posting on the Services.
We are not responsible for the accuracy or inaccuracy of the information and content you provide or that other users provide, nor for the consequences arising from your use or other users’ use of such information and content. Similarly, we cannot be held responsible for any content posted by you or other user that may infringe your rights or the rights of one or more other users or any other third party.
8.2 Operation of the Services
Our Services are provided to you “as is”. The Group does not guarantee that you will be able to use them if your hardware or device does not function properly, if your Internet service provider does not provide an adequate level of service or if your device equipment does not have a fully functional Internet connection.
The operation of the Services may be temporarily interrupted for maintenance, updates, security measures or technical improvements, or to update the content and/or the way it is presented. To the extent possible, we will notify you prior to any scheduled maintenance or updates that may impact your use of the Services. If necessary, some features may also be permanently disabled for security or other reasons.
8.3 Third Party Platforms
We have no control over the Third Party Platforms to which you may be redirected from time to time from our Services. We are not responsible for the content of the Third Party Platforms, as well as any advertising, products, features, services or other materials available on such Third Party Platforms or resulting from your use of such Third Party Platforms. Use of Third Party Platforms is governed by the terms and conditions of such Third Party Platforms.
By using the Services, you agree to take reasonable precautions when interacting with other users, especially if you decide to communicate outside the Services or meet other users outside the Services. In the event that you post and/or disclose to other users confidential or sensitive information, such as personal information (name, postal address, email address, telephone number, etc.) or financial information (e.g., credit card or bank account information), you do so at your own risk.
10 General responsibility
11 Personal data
12 Changes to the Terms of Service and Services
We may update and change the content and/or functionality of the Services and these Terms of Service at any time. This means that we may add new features or product enhancements from time to time, as well as remove or change certain features.
13 Notifications and messages relating to the Services
By using the Services, you consent to us sending you messages regarding your account or the Services. These messages may be shared directly on the Services, through application notifications, or through other means associated with your account, such as email. It is recommended that you check your settings to control the type of messages you receive from us. You acknowledge and agree that we cannot be held responsible for your failure to maintain the accuracy of your contact or other information, including, but not limited to, your failure to receive important information and notifications.
16 Inquiries and complaints
For any inquiries or complaints regarding your use of the Services, please visit the Help page. You can contact Customer Service if you need further assistance by email:
17 Applicable law – Disputes
When registering in Europe : In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Member or Subscriber may submit his complaints on the dispute resolution platform put online by the European Commission at the following address: “http://ec.europa.eu/consumers/odr/“. The European Commission will transfer the Member’s complaint to the competent national ombudsmen.
In accordance with the rules applicable to mediation, before any request for mediation, you are first required to notify us in writing of any dispute with us in order to attempt an amicable resolution.
In the event that an amicable settlement cannot be reached, the competent courts are the courts of your country of residence located in one of the Member States of the European Economic Area or in the USA (Florida).
18 About us
The Services are hosted on the servers of the Ionos, AWS, Google Groups.