TERMS AND CONDITIONS OF USE AGREEMENT
This Terms and Conditions of Use Agreement (“The Agreement”) sets forth the standards of use of Instagolf (“The Application” or “Instagolf App”) and websites under the website network (“The Website” or “Instagolf Website”). IQW GmbH, Maternusstr. 6, 41469 Neuss (“The Company”, “We”, or “Us”) is maker, owner, and operator of the Instagolf App and Instagolf Website. Please read this Agreement carefully before accessing or using The Application or The Website (together, “The Products”).
By using the Instagolf App and/or the Instagolf Website, you (“The User”, “You”) unconditionally agree to the terms and conditions hereby defined in This Agreement. If you do not agree to the terms and conditions of This Agreement, you should discontinue use of The Application and The Website. The Company reserve the right, at any time, to modify, alter, or update the terms and conditions of This Agreement without prior notice. Modifications shall become effective immediately upon being posted on The Website. Your continued use of the Instagolf App and/or Instagolf Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
You may direct any questions regarding the Terms and Conditions of Use Agreement to firstname.lastname@example.org.
2. DESCRIPTION OF PRODUCTS
The following are descriptions of The Products:
Instagolf is a software application product made available for download on a compatible mobile device. The Instagolf App provides The User with distances to key landmarks on the golf course and tracks The User’s playing statistics, in addition to offering other features related to playing golf.
The Instagolf Website provides The User with information about The Application, shows golf courses available for download in the Instagolf App, acts as a reference hub for the User’s golf statistic tracking and analysis, and offers general and descriptive information about The Company.
To utilize The Company’s Products, The User is individually responsible for:
providing all necessary hardware equipment required to use the Instagolf App and/or Instagolf Website, including but not limited to a Smartphone, Tablet, Computer, or “Wearable” internet-enabled device;
providing internet connection required to use the Instagolf App and/or Instagolf Website including but not limited to cell phone data services; and
paying any costs and fees, whether one-time or ongoing, related to their own provision of items referenced above in (1) or (2), including those specific to service contracts of individual cell phone coverage carriers. The User’s normal applicable carrier rates and fees apply.
3. PRICING TERMS
The Instagolf App is Free to download. Upon download, The User is entitled to an unlimited number of course map downloads. Course downloads are Free. There are no fees associated with the use of The Instagolf App.
The Instagolf Website is Free. There are no fees associated with the use of The Instagolf Website.
The Company reserves the right to change the prices and/or pricing structure of The Instagolf App and/or Instagolf Website at any time.
A Instagolf Premium subscription is available for different subscription periods (1, 3, 6 or 12 months) at the fees advertised in each moment. You can subscribe and pay through your iTunes account or Google Play account [from hereon referred to as "Store Accounts"]. In such cases, payment will be charged to Store Accounts at confirmation of purchase. You can also subscribe and pay in The Instagolf Website. Your subscription will automatically renew for the same period, unless cancelled at least 24 hours before the end of the current period. Subscriptions may be managed by you and auto-renewal may be turned off by going to your Account Settings, after purchase.
4. CORPORATE CONTACT
The User agrees to allow The Company to periodically send him or her Information regarding The Company’s Products and Services. The nature of Information includes but is not limited to Newsletters, Product and/or Service Updates, Special Offers and Promotions, Company News, and Third-party Advertising. The Company may contact the User via email or directly via the Instagolf Application, including but not limited to the form of “Push Notifications” and “In-app Notifications.” Users may opt-out of email contact by following “Unsubscribe”instructions provided at the bottom of emails from The Company.
5. AGREEMENT TO DEAL ELECTRONICALLY
All of The User’s transactions with or through the Application and/or The Site may, at The Company’s option, be conducted electronically from start to finish. If The Company decides to proceed non-electronically, those services will still be governed by the remainder of these Terms and Conditions unless The User enters into different terms on a form provided by The Company. If the law allows The User to withdraw this consent or if we are ever required to deal with The User non-electronically, The Company reserves the right to charge or increase fees and The User agrees to print or make an electronic copy of the Terms and Conditions of Use Agreement and any other contract or disclosure that The Company is required to provide to The User.
6. UNAUTHORIZED USE OF YOUR PASSWORD
You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. All instructions transmitted by or received from anyone presenting your password on The Application and/or The Website are binding to you. You agree to guard your password carefully, with the full awareness that a failure to keep it secure may enable others to engage in transactions through The Application and/or The Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact IQW GmbH, Maternusstr. 6, 41469 Neuss immediately. You authorize IQW GmbH, Maternusstr. 6, 41469 Neuss to refuse to accept any further orders placed under that password on your behalf and IQW GmbH, Maternusstr. 6, 41469 Neuss will use commercially reasonable efforts to block such orders.
7. RULES & RESPONSIBILITIES
The User agrees to not use The Application or The Website or The Company’s means of contact to:
Upload, post, email or otherwise transmit:
(a) any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;
(e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonate any person or entity, including, but not limited to, The Company, a Company official, a forum leader, or a host, or otherwise misrepresent a User’s affiliation with a person or entity;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
harm minors in any way;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
The Company shall have the right (but not the obligation) to monitor the content of The Application and The Website to determine compliance with this Agreement and any operating rules established by The Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on The Website.
8. MODIFICATIONS AND INTERRUPTION TO PRODUCT(S) OR SERVICE(S)
IQW GmbH, Maternusstr. 6, 41469 Neuss reserves the right to modify or discontinue its offering of The Products with or without notice to Users. The Company shall not be liable to any User or any Third Party should The Company exercise its right to modify or discontinue The Products or any product features at any time. By agreeing to The Terms and Conditions herein and by using The Application and/or The Website, The User acknowledges that The Company does not guarantee continuous, uninterrupted, or secure access to The Application and/or The Website. The User also hereby understands that the operation of The Application and/or The Website may be interfered with or adversely affected by numerous factors and circumstances outside of The Company’s control.
The Company may terminate The User’s access to all or any part of The Application and/or The Website at any time, with or without cause, with or without notice, effective immediately. The User may terminate this Agreement and his/her Instagolf Account simply by discontinuing use of The Products. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. GOVERNING JURISDICTION
The Application and The Website are operated and provided under the jurisdiction of Germany. As such The Products are subject to the laws of Germany, and such laws will govern this Terms and Conditions of Use Agreement. We make no representation that The Application or The Website is appropriate, legal, or otherwise proper for use in other locations. If you choose to use The Products, you thereby agree to do so subject to the laws of Germany.
11. COMPLIANCE WITH LAWS
The User is responsible for knowledge of all laws that may be directly or indirectly applicable to use of The Instagolf App and Instagolf Website and agrees to comply with any and all such laws. The User may not use The Products to the extent that use violates applicable state, federal, or international laws, regulations, or other government requirements. The User further agrees not to transmit any material or carry out any other action that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
12. THIRD PARTY SITES
Any dealings with advertisers found on the The Company’s Website are solely between the User and that advertiser. The Company shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on The Website. Users agree to assume the sole risk in dealing with any of said advertisers.
13. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While The Company makes every effort to ensure that the information on its Website is accurate, We make no representations or warranties as to the accuracy or reliability of any information provided on The Website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.
14. COPYRIGHT & TRADEMARK INFORMATION
All contents and arrangement of contents of The Application and The Website, including but not limited to their respective site design, user interfaces, copy/text, graphics, application features, and golf course data, are The Property of IQW GmbH, Maternusstr. 6, 41469 Neuss and are protected by intellectual property rights. Any use of such Property from The Application and/or The Website without prior written permission of an authorized director of The Company is strictly prohibited. Such prohibited uses include but are not limited to reproduction, modification, distribution, or replication of The Company’s Property for personal, recreational, commercial or other use. Further, any form of data extraction or data mining, or other commercial exploitation of any kind is also prohibited. The User agrees they will not use any robot, spider, other automatic device, or manual process to monitor, copy, or extract content contained in The Application or The Website without prior written permission of an authorized director of The Company.
Instagolf, Instagolf Golf, and Instagolf Golf GPS, are trademarks of IQW GmbH, Maternusstr. 6, 41469 Neuss. The Company trademarks may not be used in connection with any product or service that is not provided by The Company, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Company. All third-party trademarks that may be displayed in The Application and/or The Website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Parties by The Company. Any use of Third Party trademarks or links to the websites of Third Parties neither express nor imply that such Third Party endorses or is in any way affiliated with The Company.
15. DISCLAIMER OF WARRANTIES
The Instagolf App and Instagolf Website are provided by The Company on an ‘as is’ basis. The Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of The Products or Information therein in terms of their correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any permanent or temporary interruptions in the use of The Products. The Company disclaims all warranties with regard to information provided, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that its Product or Service will operate error-free or that The Application or The Website are free of computer viruses, malware, or other potentially harmful or intrusive software. If The User’s use of The Products were to result in the need for servicing or replacing equipment or data, The Company is not responsible for any associated costs.
16. LIMITATION OF LIABILITY
In no event shall IQW GmbH, Maternusstr. 6, 41469 Neuss or any of its affiliates be liable for any damages whatsoever, particularly special, indirect, consequential, or incidental damages. Further, The Company shall not be liable for damages for loss of profits, loss of revenue, or loss of use, arising from or related to a User’s use of The Products or Information contained therein, regardless of whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. The foregoing applies even if The Company has been advised of the possibility of such damages. Part or all of this Limitation of Liability provision shall not apply to the extent prohibited by applicable law.
17. USER’S REPRESENTATION AND WARRANTY
The User agrees to indemnify and hold harmless IQW GmbH, Maternusstr. 6, 41469 Neuss and its parents, subsidiaries, affiliates, directors and employees that either have been, are now, or will be at any time in the future affiliated with The Company from any and all claims, demands, and expenses, including attorneys’ fees, made by any User or Third Party due to or arising out of User use of The Products, User violation of this Agreement, User infringement of intellectual property, or User infringement of any other right of any person or entity.
19. OTHER / MISCELLANEOUS
PRIVACY AND INFORMATION SECURITY POLICY
IQW GmbH, Maternusstr. 6, 41469 Neuss is the entity responsible for the treatment of the PII. The authorized purpose of the treatment of PII is the registration of users of the Instagolf App or the Instagolf Website.
This Policy is part of and incorporated into the IQW GmbH, Maternusstr. 6, 41469 Neuss Terms and Conditions of Use Agreement (“The Agreement”). Please thoroughly read The Agreement, including This Policy, before utilizing The Application or The Website (collectively, “The Products”). By providing PII of any kind to Us, accessing The Products, or using The Products, You accept the terms of and agree to this policy.
1. INFORMATION YOU PROVIDE
Type of Information Collected. The Company collects information You provide while accessing The Application and/or The Website and that which You give Us in any other way, such as through email, survey, or letter. The information that We collect varies depending upon how You use The Products. In Our account registration process, You may be asked to provide a user name and/or email address and unique password. We may also request other personal information during registration or thereafter, such as but not limited to, Your actual first and last name, Your birthdate, Your gender, Your country of residence, and Your zip code code of residence. Further, We may also ask You to provide information about Your golf game, such as Your handicap, the clubs in Your bag, and the distances You normally hit those clubs. You may access and update Your personal and golf information, as well as Your account settings, by accessing the “My Account,” “My Profile,” or similar link on the Application and The Website.
Reviews and Direct Emails to The Company. Reviews or comments You create and submit about any of Our Products, whether publicly through the Apple App Store, the Android Google Play Store, a Third Party website, or Our Website, or privately to Us via email or other direct form of communication, are and shall be available to The Company for use as it sees fit. Such use includes but is not limited to display on Our Website, display in Company Advertising and Marketing Materials in any medium, and disclosure to journalists and other Third Parties.
Information in Public Areas of the Site. In the evert there were to be areas/pages of the Application and/or Website made available for public posting, comment, insertion, or other input, such as a forum: We ask that You please keep in mind that information You provide in public areas can be viewed and possibly used by others. We therefore advise visitors not to disclose contact or any sort of account information. The Company is not responsible for PII You choose to submit in public areas.
2. AUTOMATIC INFORMATION COLLECTION
Pixel Tags. In our email to You, We use “pixel tags” to determine if Your email service is capable of displaying emails in certain formats. This helps optimize the size of our email messages and conserve bandwidth.
Promotions. We may host a promotion, such as a contest, via The Application and/or The Website. You may be asked to provide personal information or permit the transfer of Your PII to a Third Party in connection with such promotion, sweepstake or contest. It will be disclosed at the point of collection or transfer who is collecting or transferring the information and whose privacy statement applies, and it will be Your choice whether or not You wish to permit such transfer or collection of personal information to a Third Party.
3. USE AND RETENTION OF YOUR INFORMATION
Use of PII. We may use Your PII for purposes such as monitoring and providing The Products, maintaining Your account, responding to Your requests, providing You with advertising and non-advertising content that We believe would be of interest to You, enforcing Our rights and the rights of Third Parties, and investigating and ensuring compliance with the Terms and Conditions of Use of The Products. We also may use Your PII to contact You regarding Your account and contact You with newsletters, updates, and other communications about The Company and/or The Product. Health data will never be shared with Third Parties and We will also not use Health data for advertising or marketing activities.
Preferences and Opting-Out. Subject to the exceptions noted below, at any time, You may modify the types of communications You wish to receive by changing Your preferences as part of Your account on The Application or The Website. In Our marketing or promotional emails to You, We will include instructions on how to unsubscribe and/or inform Us of Your preferences if You do not want to receive marketing or promotional emails from Us. We reserve the right to send You customary business communications such as acceptance/rejection notices regarding content submissions, general system and administrative messages regarding the Service, email address confirmations, and transactional information about Your account, and We reserve the right to not offer You the opportunity to opt-out of receiving such communications so long as You are a registered User of the Products. Health data will never be shared with Third Parties and We will also not use Health data for advertising or marketing activities.
Use of Non-PII. We use non-PII about our users for purposes such as measuring the number of visitors to The Website, improving The Products, and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer The Website, track a User’s movement, and gather broad demographic information for aggregate, non-personally identifiable use.
Our Information Retention. We retain information for as long as it is useful, allowed, or required. We reserve the right to dispose of information at Our sole discretion without notice, subject to applicable law that dictates the handling or retention of information. To the extent You would like Your information saved and available to You, You must keep Your own separate records.
4. SHARING OF INFORMATION
Advertisers and Others. We may share non-PII with advertisers and other entities with whom We conduct business. Similarly, these entities may share with Us non-PII about You that They have independently gathered or acquired. Further, We may share aggregated demographic information data, such as the percentage of our users in an age range, and especially aggregated data related to Our Users’ golf, such as handicap distributions, scoring, and playing statistics. Health data will never be shared with Third Parties.
Third Party Services. We contract with affiliated and non-affiliated Third Parties to provide services to Us or to You on Our behalf. Such services include providing marketing assistance, providing customer service, sending emails to You, removing repetitive information from customer lists, and analyzing data. These Third Parties may have access to Your PII for use solely in connection with these authorized business activities.
Business Transfer. The Company may be involved in acquisitions, mergers, restructurings, changes of control, or similar transactions. This includes the transacting of businesses or business assets. In such transactions, customer information generally is one of the transferred business assets, and Your PII may be subject to such a transfer. Also, in the unlikely event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
Corporate Affiliates. We may share PII, non-PII, and any other information with Our Corporate Affiliates. Corporate Affiliates are those entities that We control or are under common control with Us, and any joint venture in which any of the controlled entities may participate. We may also obtain information about You from our Corporate Affiliates or from Your visits to other websites that We or Our Corporate Affiliates control. Any use of Your information by our Corporate Affiliates is subject to This Privacy and Information Security Policy.
Compliance and Safety. The Company may release User information when It believes release is appropriate to: comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement; make disclosures under programs intended to prevent potential crimes or investigate persons; enforce or apply agreements, including The Terms and Conditions of Use Agreement; or protect the rights, property, or safety of The Company, Our Users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
5. INFORMATION SECURITY
Your Obligations. It is Your obligation to protect against unauthorized access to Your password and Your computer. Please sign off when finished using a shared computer. Your emails to Us are not necessarily secure against interception so refrain from including sensitive information in emails to Us. We will not ask for passwords via email, so You should assume that any such request has fraudulent source and intent. YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
Our Security Measures. The Company takes precautions to protect the security of Users’ information. It utilizes physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use User information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while We use reasonable efforts to protect your PII, We cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect Your PII, You agree that intentional misconduct will be the standard used to measure Our compliance with that duty.
6. PRIVACY OF LINKED WEBSITES
The Application and The Website may contain links to Third Party websites. The Company makes no representations or warranties about, and is in no way responsible for, the privacy practices of other sites. This Policy only applies to information collected by The Instagolf App and The Instagolf Website. You should always review the privacy statements websites that collect Your personally identifiable information.
7. CONDITIONS OF USE, NOTICES, AND REVISIONS
Notice Required by Law. If We are required to disclose or provide notice of invasion of certain security systems, We will do so via email to the email provided by You to Us in jurisdictions that permit email notice. Therefore, it is critical that You keep Your Instagolf account updated with Your current email address at all times.
Identity Theft. If You believe that You are a victim of identity theft from use of The Products, You are entitled by law to request information from Us. You may do so at the contact offered in the section below. We will supply the information legally required to be disclosed, subject to applicable law and reserving all Our rights and defenses.
Revisions. The Company reserves the right to change The Privacy and Information Security Policy at any time. Changes will take effect immediately. When changes are made, We will notify You by email. We suggest You refer to The Policy every 30 days to check for changes to The Policy.
8. CONTACT INFORMATION AND INFORMATION ABOUT ENFORCEMENT OF OUR POLICY
9. RIGHT TO ACCESS
In accordance with the law, the user is guaranteed the right to access, update and correct their personal data, as well as the right to oppose the treatment or processing of the data, upon written request addressed to IQW GmbH, Maternusstr. 6, 41469 Neuss orby email to email@example.com