GOLFMANAGER SERVICE PROVISION TERMS AND CONDITIONS
1. GOLFMANAGER’S OBLIGATIONS
1.1. Golfmanager’s Provision of services. The Provider:
A.– will make the Golfmanager Services, Golfmanager Content and Client Data available for use in accordance with these Terms;
B.– will provide the basic technical support applicable to the Golfmanager Services to the Client during office hours (Monday to Friday from 9 am to 8 pm, CET).
C.– In case of incidents or emergencies, the customer will have 24/7 support.
D.– will provide tutorial videos for the Customer’s training in the use and operation of the service; if necessary, a more detailed training may be agreed, which may involve an additional cost
E.– will ensure that the Golfmanager Services are available 24 hours a day, 7 days a week, except for: (i) planned downtime (in which case the Provider must provide advance notice), and (ii) any unavailability caused by unforeseen or unforeseeable circumstances, such as, but not limited to, fortuitous events, legal imperative, flood, fire, earthquake, civil disturbance, terrorism, strike or other labour problem, failure or delay of the Internet Service Provider, or denial of service attack, among others.
1.2. Protection of customer data. The Provider shall use all organisational, physical and technical means to protect the security, confidentiality and integrity of Client Data. These measures, among others, shall aim to prevent access, use, modification or disclosure of Client Data by the Provider’s personnel, except (a) to provide the Golfmanager Services and to prevent or address service or technical problems, (b) by legal imperative as set forth in paragraph 7.4 (Legal Obligation to communicate personal data) below, or (c) if expressly permitted by a Customer or User. The Services will be performed using equipment or facilities located in the European Union and the United Kingdom.
2. USE OF GOLFMANAGER SERVICES
2.1 Creating a user account. Certain features, functions, parts or elements of the Platform and Golfmanager Services may only be used or accessed by Account holders. The person wishing to create an account must accept these Terms by clicking on “Register” or a similar button.
If several persons need to use an Account on behalf of the Client, the Client will assign to each of those persons a User. Each such User will also be subject to the restrictions set out in these Terms.
If the Client has designated Users and granted them Authorisation, such Users shall be deemed to be persons authorised to act on Client’s behalf when using the Account.
2.2 Account Termination. The Client may terminate these Terms at any time in accordance with paragraph 7 hereof. The Provider shall automatically disable the Account and permanently delete it within six months of the date of termination, unless there were an inquiry or similar procedure still in operation or by court order.
2.3 Fees. Except for the Trial Account, which has limited functionality and is for a strictly promotional use, use of an Account is subject to a Fee. At the time of registration, the Client must select the plan of their choice. The fees vary depending on the services or products included. The applicable Fee is charged in advance and the payment may be monthly or annual, depending on availability on the Platform, unless otherwise agreed. In the event of inactivity or poor use of an activated Account, the Fee will not be refundable. The Fees shown on the purchase page do not include taxes, levies or duties applicable under law, unless otherwise stated herein. Payment of such taxes, levies or duties shall be at the Customer’s expense.
2.4 Changing Plan. Any Client has the right to upgrade or downgrade their current Plan. Clients on a monthly subscription can do so at any time by selecting a new Plan from the available options. Clients on an annual subscription may upgrade at any time; should they wish to downgrade, however, they must wait until the end of the contracted period. On their subsequent bill they will be charged the new Fee automatically.
2.5 Free Trial. New clients are offered a 60 days free trial. Once the trial period ends, the account will be deactivated automatically. To obtain a permanent Account, the Client must choose a Plan and pay a Fee.
3. PAYMENT OF FEES
3.1 Payments by credit card, direct debit or transfer. The payment must be done with credit card or direct debit. In some markets, the Client will be able to pay through a bank transfer.
3.2 Electronic Invoice. The client must pay the invoice on the due date indicated therein. If thirty (30) days after the invoice has been issued, the Client has not pay it, the Provider will be authorised to disable the Client’s account.
4. CLIENT DATA
4.1 Uploading Client Data to the Platform. By uploading Client Data to the Platform, the Client authorises the Provider to make use of the Client Data to provide the contracted services. The Client shall be responsible for the following:
- That neither the Client nor any of their associated Users unduly create, transmit, show or disclose said Client Data; that they do not violate these Terms; that they do not violate the rights of the Provider, other Clients or Users, persons or Organisations; that they do not prejudice the Platform (virus, worm, malware, threats, harassing, libellous or obscene messages, acts against Law or morality).
- That the client and all Users associated with the Account have the necessary rights to use the Client Data, including the right to upload them to the Platform and make use of them through that Account.
4.2 Legal obligation to communicate personal data. The Provider may communicate a Client’s confidential information insofar as required by Law, within the established legal cases and procedures. In such a case, the Provider shall try to give the Client prior warning when possible.
5. CONTRACT TO PROCESS DATA
5.1 Purpose and nature of data processing. The Provider provides the Platform where the Client, as Data Controller, may collect, store and organise personal data of persons determined by the Client. The Platform has been designed to function as a tool for the management of sport centres and online booking but, insofar as is not stipulated in these Terms, the Client may choose how to use the Platform. The Client authorises the Provider to make use of non-personal data for exclusively statistical purposes, in order to improve the service offered to Users.
5.2 Duration. The Provider shall process data on behalf of the Client as long as the former is providing Golfmanager Services as stated in these terms. Thereafter, Golfmanager will store Client Data for six (6) months. During this time the Client may reopen their Account and resume use of Golfmanager Services or export Client Data, unless the Client indicates they wish an immediate closure. The Provider shall delete or return all personal data to the Data Controller after the end of Service Provision related to Data Processing and shall delete any existing copies unless European Union or Member State legislation require storage for a specified period.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Content owned by Golfmanager. After the Client has paid the Fee and become subject to these Terms, the Provider grants the Client and their Authorised Users a non-exclusive, temporary, non-transferable, non-sublicensable licence to access any part of the Golfmanager Content through a browser for an exclusively personal, non-commercial use. The Users must respect all copyright and property notices that may be included in this part of the Golfmanager Content. The Client expressly acknowledges that they do not acquire any property right by accessing and downloading any copyrighted material through the Golfmanager Services or Platform. The Client may not copy, distribute or publish any Golfmanager Content or any information obtained or derived from said content, except insofar as allowed by the Platform and the applicable Law.
7. TERMINATION OF TERMS
7.1 By the will of either party. These Terms may be terminated by either party by written notice to the other party.
7.2 For non-payment of the Fee. In the event that the Client does not pay a due fee, as it is described in paragraph 3.2.
7.3 For breach. These Terms may be terminated for breach by either party by written notice from to the other party as set out below:
if either party fails to comply with these Terms, the other party may request termination of the contract if the breach or non-performance has not been remedied within ten (10) days after receipt of a notice from the party who has complied; or immediately by either party if the other party fails to perform any of its obligations.
by the Provider, where the Client or User does not use the platform properly and this poses a danger to the platform or may affect the rights of third parties, including the Provider,
by the Provider, where the Client gives access to third parties to the Services of Golfmanager, the Platform and the Content of Golfmanager without the express consent of the Provider.
8.- APPLICABLE LEGISLATION AND JURISDICTION
8.1 Legislation. These terms shall be governed and interpreted in accordance with Spanish and European Union legislation.
Should a controversy, dispute or claim arise between the parties in relation to these terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall resolve such matter by amicable negotiation between them.
Should no mutually acceptable solution be found within a reasonable delay, said controversy may be referred to the courts of Madrid.