Terms and Conditions

Anova.Golf Terms and Conditions

Last updated: May 31, 2019

In these terms of access (Terms), “We”, “our” and “us” refers to Anova.Golf. Your access to and use of all information, products or services made available through this website (www.Anova.Golf) (the Anova.Golf Website) is subject to these Terms. We reserve the right to amend these Terms without notice at any time and your use of this website will represent your agreement to be bound by them as amended. We therefore recommend that each time you access the Anova.Golf Website you read these Terms.

  1. Access

    1. You may access the Anova.Golf Website and the Website Services at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Anova.Golf Website and the Website Services will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

    2. Through the Anova.Golf Website, you may:

      1. sign up to become a Member (see below), which will entitle you to access the Website Services in exchange for payment of a fee;

      2. view, cache, browse, display, print or download a copy of any content featured on the Anova.Golf Website to your computer, PROVIDED THAT:

        1. it is for your personal use only; and

        2. you do not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice.

        3. your use of any content from the Anova.Golf Website may otherwise infringe our rights (including our intellectual property rights, or the intellectual property rights of our licensors).

    3. By visiting the Anova.Golf Website, you agree not to use the Anova.Golf website or iOS/Android applications:

      1. in breach of any applicable laws or regulations;

      2. to transmit (or authorise the transmission of) “junk mail”, “chain letters”, “spam” or other unsolicited messages of any kind;

      3. impersonate any person or entity;

      4. for any unlawful purpose;

      5. use any kind of scraping services (bots, computers etc) in order to extract information from our service

      6. upload/use files that contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

      7. interfere with, disrupt, or create an undue burden on the Anova.Golf Website;

      8. access the Anova.Golf Website with the assistance of any automated scripting tool or software;

      9. use code or other devices containing any reference to the Anova.Golf Website to direct other persons to any other website;

      10. delete any attributions or legal or proprietary notices appearing on the Anova.Golf Website;

      11. use any data mining robots or other extraction tools to extract any content or other information from the Anova.Golf Website;

      12. link to the Anova.Golf Website without our permission (see below, under “Hyperlinks” on how to obtain permission);

      13. mirror the Anova.Golf Website without our prior written permission;

      14. except by expressed written consent copy, reproduce, republish, distribute or display any of the information from the Anova.Golf Website without our prior written permission; or

      15. use any of our copyright, trademark or other proprietary material in any way without our prior written permission.

  2. Members

    1. In order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

    2. You warrant that the registration details you provide are true and accurate and you undertake to update your registration details from time to time when they change.

    3. You agree to:

      1. maintain your password in a safe, secure and confidential manner; and

      2. not provide your password to any other person for any reason

    4. We will not be held responsible for any loss or damage suffered by a Member who has lost or forgotten his or her password or has had his or her account accessed by a person other than himself or herself using his or her password.

    5. On registration you agree to pay for our services as set out on the Anova.Golf Website.

    6. Unless stated to be otherwise, all prices stated on the Anova.Golf Website are in Euros (EUR) and are inclusive of Value Added Tax (VAT). For buyers in the European Union (EU), the VAT will be collected based on the residency of the buyer (as per EU VAT rules).

    7. We try to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order for services at a certain price, but prior to delivery of those services our prices change, we reserve the right to charge you at the prices then current at the time of delivery for the provision of our services.

    8. We reserve the right to suspend or terminate your membership at any time if you breach these Terms.

  3. Our Services

    1. Through the Anova.Golf Website, we provide the following services (Website Services):

      1. The Player and Coach Account Linking Service – allows Members to keep track of their golfing vital statistics, and link accounts between players and coaches.  In addition to these Terms, Use of the Player/Coach Service is subject to the following additional Terms and Conditions:

      2. As a user (either Player or Coach), you acknowledge and agree that any Comments you provide through the Player/Coach Service may be used in aggregate/average form to provide comparisons and benchmarks for other users of the Player/Coach Service. These comparisons cannot be traced to individual users.

      3. As a user (either Player or Coach), if you agree to link your account to another person, you consent to that other person possibly gaining access to your personal information through your disclosure. We will not be liable whatsoever for any damage caused by your decision to release any information to any other user of the Player and Coach Account Linking Service.

      4. As a user (either Player or Coach), you will indemnify Anova.Golf, its directors, officers, employees, staff, contractors and agents against any harm or damage which may arise from your use of the Player and Coach Account Linking Service.

      5. As a user (either Player or Coach), you acknowledge and agree that we may only retain any Comments you provided to us for up to 6 months following the expiry of your subscription period for the Player/Coach Service. We may retain some of your Comments beyond this period to provide comparisons and benchmarks for other users of the Player/Coach Service.

      6. As a Coach, you acknowledge and accept full responsibility for any and all Comments and interactions which you have with other players through the Player and Coach Account Linking Service. We will not be liable whatsoever for any damage caused by a Comment originating from you.

  4. Restrictions on use. 

    1. You shall only use the service for personal purposes and shall comply in full with all terms and conditions imposed by us upon the operation and use of the service. You shall not reverse engineer or otherwise violate our intellectual property rights associated with or embodied in the service.

  5. Acceptable Use. To keep the Service running safely and smoothly, you have to agree not to misuse them. Specifically, you agree not to:

    1. probe, scan, or test the vulnerability of any system or network used with the Services

    2. tamper with, reverse engineer or hack the Service, circumvent any security or authentication measures of the Services or attempt to gain unauthorized access to the Service (or any portion thereof) or related systems, networks or data

    3. modify or disable the Service or use the Service in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network or data

    4. access or search the Service by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”

    5. overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Service that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation

    6. solicit any users of our Service for commercial purposes

    7. use the Service to generate or send unsolicited communications, advertising or spam

    8. misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Anova.Golf or any third party) or access the Service via another user’s account without their permission

    9. use the Service for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws)

    10. use the Service to violate the privacy of others, or to collect or gather other users’ personal information (including account information) from our Service

    11. use the Service to stalk, harass, bully or post threats of violence against others;

    12. promote or advertise products or services other than your own without appropriate authorization

    13. use meta tags or any other “hidden text” including Anova.Golf’s or our suppliers’ product names or trademarks

    14. permit or encourage anyone else to commit any of the actions above.

  6. Hyperlinks

    1. The Anova.Golf Website may from time to time contain hyperlinks to other websites. Such websites do not form part of the Anova.Golf Website. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on the Anova.Golf Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. If you follow a link from the Anova.Golf Website, you do so entirely at your own risk.

    2. You may link the Anova.Golf Website only with our prior written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of the Anova.Golf Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

  7. Intellectual Property Rights

    1. The copyright to all content on the Anova.Golf Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

    2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to the Anova.Golf Website does not license you to use those marks in any commercial way without our prior written permission. Except where expressly provided otherwise in these Terms, you do not have any right, title or interest in or to any proprietary rights relating to the Anova.Golf Website or its contents.

  8. Disclaimers

    1. Use of the Anova.Golf Website and any services made available through the Anova.Golf Website is entirely at your risk.

    2. Except where expressly stated otherwise, any information provided through the Anova.Golf Website is provided as general information only. We do not make any representation or warranty that any information on the Anova.Golf Website is reliable, accurate or complete, and we do not accept any responsibility arising in any way from any errors or omissions.

    3. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose in respect of any of the services made available through the Anova.Golf Website.

    4. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.

    5. We also take all due care in ensuring that the Anova.Golf Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of the Anova.Golf Website or any linked website.

    6. From time to time we may host third party content on the Anova.Golf Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

  9. Limitation of Liability

    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition which cannot be excluded by law is limited to the supply of the Website Services again or payment of the costs of having those services supplied again. Our liability to you will otherwise be limited to the amount(s) paid by you (if any) in respect of membership.

    2. We accept no liability for any loss whatsoever including any indirect, incidental, special and/or consequential loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity) suffered by you arising from your use of the Anova.Golf Website or any of the services provided through that website.

  10. Indemnity

    1. By accessing the Anova.Golf Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Anova.Golf Website or any of the services provided through that website.

  11. Jurisdiction

    1. These Terms are to be governed by and construed in accordance with the laws of Sweden and any claim made by either party against the other which in any way arises out of these Terms will be heard in Sweden and you agree to submit to the jurisdiction of those Courts.

    2. If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

  12. General

    1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

    2. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Any failure to assert any right under these Terms will not constitute a waiver of such right.

  13. Privacy

    1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a manner consistent with our Privacy Policy.

    2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the link at the bottom of each page.

  14. Termination

    1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

    2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    3. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

    4. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

    5. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  15. Disclaimer, Exclusions and Limitations

    1. The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

  16. Changes

    1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Anova.Golf

 

May 31, 2019