Terms and Conditions of Use / End User License Agreement (EULA)
Version: 1.00 Revision Date: 01/08/2022
This End User License Agreement (“Agreement”) is between You and Golf Leaderboard Ltd (“Company”). The Agreement authorizes you to use Golf Leaderboard Ltd ’s Applications, Products, Software, Services and Websites referred to collectively as (“Services”) in this document and in accordance with the following terms and conditions as set out in this Agreement. This is an agreement on end-user rights and not an agreement for sale, the Company continues to own the copy of any Software and the IP rights related to such Software used under this agreement. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Golf Leaderboard Ltd , your agreement with Golf Leaderboard Ltd will always include, at a minimum, the terms and conditions set out in this document.
Your agreement with Golf Leaderboard Ltd will also include the terms of any Legal Notices applicable to the Services. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
These Terms, together with the Additional Terms, form a legally binding agreement between you and Golf Leaderboard Ltd in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what these Terms say, then the Additional Terms shall take precedence in relation to that Service.
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by Golf Leaderboard Ltd in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that Golf Leaderboard Ltd will treat your use of the Services as acceptance of the Terms from that point onwards.
Where Golf Leaderboard Ltd has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Golf Leaderboard Ltd .
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Golf Leaderboard Ltd will always be accurate, correct and up to date.
If applicable, additional information may be required to approve a credit account. Golf Leaderboard Ltd Anti-Money Laundering checks meet the standards outlined by the joint Money Laundering Steering Group (JMLSG) guidance and checks will be provided via various credit agencies.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from England or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Golf Leaderboard Ltd , unless you have been specifically allowed to do so in a separate agreement with Golf Leaderboard Ltd . You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Golf Leaderboard Ltd a company incorporated in England and Wales whose registered address is:
Golf Leaderboard Ltd
29 Norman Snow Way
Company number 14223278.
Services may include one or many of the following Company Applications.
- Golf Leaderboard (Powered by Golf Genius) Smartphone Application*
- Golf Leaderboard (Powered by Golf Genius) Web Portal
- Golf Leaderboard Website
(*) Our Smartphone application and web portal are provided to Golf Leaderboard Ltd under licence by Golf Genius Software, Inc.
The trade name of the Company products may vary in different markets and there may be local translations of the product names.
By installing or using the Company Services you indicate your agreement to the terms of this Agreement. If you do not agree to the terms herein, you are not authorized to use the Services. The Services, including all images, photographs, icons, and text incorporated in the Services, is owned by the Company, and is protected by copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company.
Read this Agreement carefully before installing, downloading, or using any software-based Services. By installing, downloading, and/or using the Services, you agree to the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, promptly cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Golf Leaderboard Ltd.
ATTENTION: USE OF THE Services IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. USING THE Services INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE these Services.
For purposes of this EULA “Services” means all software programs distributed, published, or otherwise made available by Golf Leaderboard Ltd or its affiliates including, but not limited to downloadable/installable software for computers, smartphones, and software or Services accessed by means of a browser or other online communication method.
- LICENSE GRANT
The Company grants you non-exclusive, non-transferable end user rights to use the Services, where “use” in this Agreement means installing or executing the application. Your use, including use during any free-to-use period, of the Services is subject to the rights and conditions set out in clauses 3 and 4 below.
- END USER RIGHTS
If you have acquired a single use license you may install the applicable application on a smartphone and the Services may only be used on a single smartphone at a time.
- CONDITIONS ON THE END USER
- You may not modify the Services or disable any licensing or control features of the Services.
- You may not copy the written materials accompanying the Services.
- You may not resell, sublicense, rent, lease, or lend the Services or documentation.
- You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Services (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Services.
- You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdiction in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
- You agree that the functionality of the Services vary and some or all features of the Services may not work on some handsets due to the software installed on these handsets, including any handsets that have custom software installed on them. The Company has no responsibility to list the functions and/or features that are supported.
- You agree that the Company is not responsible for any Internet-related charges related to the use of the Software.
All right, title, intellectual property rights and interest in and to the Services are owned by the Company. Your license confers neither title to nor ownership of the Services and is not a sale of any rights in the Company. No license is given to you under any patent or patent application of Company.
- NO WARRANTIES OR OBLIGATIONS
To the maximum extent permitted by applicable law, the Company expressly disclaims any warranty for the Services. The Services and any related documentation are provided “as is” without warranty of any kind, either express or implied, including without limitation, non-infringement of third-party proprietary rights, merchantability, fitness for a particular purpose or that the Services will not infringe any third-party patents, copyrights, trademarks, or other rights. There is no warranty by Company that the functions contained in the Services will meet your requirements. The Company does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. You assume all responsibility and risk for the selection of the Services to achieve your intended results and for the installation, use, and results obtained from it. This Agreement creates no obligations on the part of Company other than specifically set forth herein.
- NO LIABILITY FOR DAMAGES
To the maximum extent permitted by applicable law, the Company nor its employees shall be liable for any incidental, special or consequential damages whatsoever (including without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of or relating to the use or inability to use these Services, even if the Company has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
These Services are intended for use with any data, media, files, or content to which you have sufficient rights to, authority for, or ownership of. It is your responsibility to ascertain whether copyrights, patents, or other licenses are needed for the data, media, files, or content that you use in conjunction with these Services. You agree to hold harmless, indemnify and defend the Company, its officers, directors, employees against any loss, damage, fine, or expense including attorney’s fees arising out of or related to any claim that you have used these Services in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.
- EXPORT REQUIREMENTS
You may not export or re-export the Services or any copy or adaptation in violation of any applicable laws or regulations.
- NEGATION OF PARTNERSHIP
The Company shall not become or be deemed a partner or a joint venture with you by reason of the provisions of this Agreement.
- GOVERNING LAW AND FORUM
This Agreement is governed by the laws of England and Wales and will govern the performance and interpretation of their agreement and disputes arising under it.
- TECHNICAL SUPPORT
The Company has no obligation to furnish you with technical support unless separately agreed in writing between you and the Company.
By submitting any feedback to the Company, you hereby grant the Company worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display the feedback and distribute reproduced and modified copies thereof. The Company may also incorporate the feedback, or any concepts described in it in its products without accountability or liability.
- ENTIRE AGREEMENT AND GENERAL PROVISIONS
Unless otherwise expressly agreed in writing, this Agreement constitutes the sole and exclusive agreement between you and Company with regards to the Services, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
- OPEN-SOURCE LICENSES
You acknowledge that certain components of the Services may be covered by so-called “open source” software licenses, which means any software licenses approved as open-source licenses by the Open-Source Initiative or any substantially similar licenses, including without any limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format (“Open-Source Components”). To the extent expressly required by the licenses covering Open-Source Components, the terms of such licenses shall apply in lieu of the terms of this Agreement to the respective Open-Source Component. To the extent the applicable terms of such licenses prohibit any of the restrictions in these Terms such restrictions will not apply to such respective Open-Source Components.
All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2018 Act and your rights under that Act.
- UPDATE OF THE TERMS
When installing or using the Services please note that the most updated version of the Terms as present at our www.golfleaderboard.co.uk website, always applies. The Company reserves the right to modify the Terms at any time by publishing new versions of the Terms on the Site. Such a new version shall become effective after thirty (30) days from the date of publication.
These terms may be drafted in different languages. English version shall always be the official version and in case of conflict between English and other language, the English version will always prevail.
If applicable, any payment must be made at the time of purchase to Golf Leaderboard Ltd via the app stores or as per any contract of use we may have with you.
This clause only applies if you are “consumer” which means an individual acting for purposes that are wholly or mainly outside your trade, business, or profession.
If you are a consumer, we must inform you of a statutory right to cancel your contract with us. You can cancel this contract without giving any reason. The time limit for such cancellation expires after 14 days from the making of this contract. To cancel, you must inform us of your decision in writing. If you cancel, where you have made a payment to us in advance, we will refund such payment to you promptly, less any charges and expenses due to us as a result of your requesting us to start work without delay.
- INTELLECTUAL PROPERTY
Unless otherwise expressly indicated, all Intellectual Property rights subsisting in the Services and any other related materials are our property.
In the absence of our express written permission to the contrary, you shall not use the Services in any manner which is inconsistent with the provisions of the Copyright Designs and Patents Act 1988, the Trademarks Act 1994 or any other Intellectual Property legislation applicable.
The Services are compiled, updated, and amended using multiple data sources. We own the Intellectual Property rights in the contents of the Services only to the extent that those Intellectual Property rights are not owned by Third Party Data Providers.
We have invested and shall continue to invest substantial time and resources in the selection and arrangement of the Services and in the obtaining, verification and presentation of its contents. The Services are an original intellectual creation. We, therefore, own the copyright in the selection and arrangement of the contents of the Services and in the additional materials required for its operation.
Unless it is expressly authorised to do so by us in writing, you may not reproduce, adapt, translate, arrange, redistribute or otherwise make any part of the Services or their contents to any third party, either directly or indirectly.
You may not extract or re-utilise the contents of the Services for any commercial purposes including, but not limited to, the resale or redistribution of the data provided by the Software.
In the event that you breach these terms and conditions, both civil and criminal penalties may be incurred, and you shall fully indemnify us against any and all damage, loss, costs and expenses which may result from any such infringement.
We shall not be liable for, and shall not indemnify you against any costs, liability, damages, loss, expenses, claims or proceedings in respect of any injury or damage whatsoever incurred either directly or indirectly unless otherwise required by law.
You shall be liable for, and shall indemnify us against any costs, liability, damages, loss, expenses, claims or proceedings in respect of any injury or damage whatsoever incurred either directly or indirectly as a result of:
(a) breach by you of any of the provisions of these terms and conditions; or
(b) use by you (whether in accordance with these terms and conditions or otherwise) of the Software
Our total liability under these terms and conditions shall be limited to the total of the fees paid by you over the last 12-month period.
- FORCE MAJEURE
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
All notices under these terms and conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
(b) when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
(c)on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
(d) on the tenth business day following mailing, if mailed by airmail, postage prepaid.
All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other party in writing.
Each party shall keep secret and treat as confidential all information obtained from the other which is either stated to be confidential or could reasonably be regarded as confidential. These confidentiality obligations extend to and include the terms of this agreement. This clause shall not extend to information which was already in the lawful possession of a party prior to these terms and conditions, or which is already public knowledge or becomes so subsequently (other than as a result of a breach of this clause) or which is trivial or obvious. The obligations of confidentiality under this clause shall survive any termination of these terms and conditions.
- THIRD PARTY RIGHTS
A person who is not a party to these terms and conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
- COMMUNICATION AND CONTACT DETAILS
If you wish to contact us, you may do so by email at firstname.lastname@example.org or in writing at Golf Leaderboard Ltd, 29 Norman Snow Way, Duston, NN5 6FH.
In certain circumstances you must contact us in writing (for example when exercising your right to cancel the Services). When contacting us in writing you may use the following methods:
(a) Contact us by email at email@example.com or
(b) Contact us by pre-paid post at Golf Leaderboard Ltd, 29 Norman Snow Way, Duston, NN5 6FH.
In the event that one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.
The parties shall attempt in good faith to negotiate a settlement if any dispute arises out of these terms and conditions. If the matter is not resolved by negotiation, the parties shall refer it to mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed, the mediator shall be appointed by CEDR. If the parties fail to agree terms of settlement within 14 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
- LAW AND JURISDICTION
These terms and conditions shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute, controversy, proceedings, or claim relating to these terms and conditions shall fall within the jurisdiction of the courts of England and Wales.