MiScore App Terms and Conditions

Posted: 21st October 2020 in MiScore App

MiScore Mobile Application – End User Licence Agreement

About the App

Welcome to the MiScore Mobile Application (the App) offered by MiClub.  The App allows you to digitally record your golf score for competition or social play at golf courses supported by MiClub.  The App also helps a golf club manage its golf course and club by timing rounds and publishing results and leaderboards.

You accept this Agreement by downloading the App or by clicking agree to this Agreement where this option is made available in the user interface, so please read this Agreement carefully. If you do not agree with the terms of this Licence you must delete the App. Capitalised words in this Agreement have a special meaning which is found in the

Definitions.

Club Users

Your Golf Club may offer the App to its Members as one of the benefits of membership under a Club Agreement. If this applies to you, you are a Club User.

If you are a Club User you:

  • can only use the App at your Golf Club and while you remain a Member;
  • do not need to pay a Subscription Fee while you are using it at your Golf Club; and
  • acknowledge that if you want to use the App at any Golf Club other than your own, you will need to become a Subscribed User and all of the terms that apply to Subscribed Users will apply to you when you use the App this way.

Subscribed Users

If you are not a Club User, you can choose to subscribe for the App in your own right. You can use it when you play golf at a Golf Club that is supported by MiClub. If this applies to you, you are a Subscribed User.

If you are a Subscribed User you:

  • need to pay an annual Subscription Fee; and
  • can use the App at any Golf Club that is supported by MiClub.

Subscribe to use the App

You must purchase the App from the App Store in order to use it.  Your device must be a Compatible Device to download and use the App.

If you are a Subscribed User you need to pay the Subscription Fee when you first use the scoring feature on the App and each year on the anniversary of that date.  If you do not pay the Subscription Fee your access to the App will end.

If you are a Club User you will need to login to your Account with the membership number and password allocated by your Golf Club.  You will not need to pay a Subscription Fee to access the App.

If you are a Club User and the Club Agreement is terminated, this Agreement with you will end unless you decide to become a Subscribed User, in which case all of the terms that apply to Subscribed Users will apply to you once you download the App and pay the Subscription Fee.

If you are a Minor

If you are a Minor your parents or legal guardian must consent to you using the App and accept the terms of this Agreement on your behalf. By continuing to use this App you warrant and represent that such consent has been provided.

Licence

When you download the App, we grant you a Licence to install and use the App on your device on the terms of this Agreement. All other rights are expressly reserved to us.

Intellectual property

We own and control all Intellectual Property in the App and our Material. You agree not to infringe our Intellectual Property.

Your Account

Once you download the App, you will need to register an Account and link it to your Golf Club or the Golf Club that you are playing at that day. You must keep your Account details confidential.  You need to tell us immediately about any unauthorised use of your Account or any security breach of which you become aware.

Your privacy

When you use the App, we collect personal information about you including your name, contact details.  We use your personal information to provide you with the features of the App, updates to the App and to provide Support Services to you.  We also collect location data and details about your game when you play and are actively using the scoring feature of the App.

We may send you push notifications or other communications based on your playing results or location for example, information about weather events at the Golf Club at which you are playing and to provide you with information about Support Services or updates to the App. You can adjust the settings of your Device to turn off transmission of location data or to stop push notifications at any time. If you do this you may not receive the full benefit of all of the features of the App.

We share information about your game with your Golf Club who may share results with a Golf Union or other third parties. You acknowledge that your Golf Club may use data from the App to publish results and leaderboards.

We only disclose aggregated location data to your Golf Club to assist with analysing pace of play, trends and statistics and managing the golf course and investigating disputes in play. You agree that we can use your information in this way. You can find out more about our approach to privacy and how you can access your information at www.miclub.com.au/cms/privacy-policy/.

Your obligations when using the App

You must use the App:

  • in connection with playing golf only to record your golfing activities against your profile or those of your Playing Partner and not for any other purpose;
  • in accordance with the Rules of Golf; and
  • In accordance with any relevant terms that apply from the App Store from which you downloaded the App.

You must not:

  • use the App for any commercial purposes except those to which we Consent;
  • use the App for any illegal or unauthorised purposes;
  • submit fraudulent, dishonest, or incorrect or inaccurate data using the App;
  • hack, decompile, disassemble, modify, translate, adapt, reverse engineer, or create derivative works or updates from the App or attempt to derive the source code of the App;
  • transmit or introduce any virus or corrupt files so as to damage or disrupt the App;
  • copy or alter the App or any part of it or remove any intellectual property notices; or
  • share or make the App available to third parties, sell, rent, lend, lease, or otherwise redistribute the App; or
  • Use anyone else’s Account details to login.

You acknowledge that:

  • disciplinary action may be taken against you by your Golf Club if you fail to comply with the Rules of Golf in using the App.
  • you may be liable to us for damages if you breach this Agreement.

Technical requirements of the App

You acknowledge that:

  • certain features of the App such as distance to greens and pins and course maps will not work if location services on your device are turned off; and
  • we may update the App or its specifications from time to time.
  • we are not responsible for:
    1. any excess data usage resulting from use of the App; and
    2. any damage to your device as a result of using the App.
    3. any connectivity or other issues you experience which prevent you accessing the App;
    4. the quality any information transmitted by you to the App.
    5. any penalties applied by a Golf Club for incorrect use of the App or based on any data we provide from the App.
    6. for public display of your information via leaderboards, prize results or competition information.
  • This Agreement is with us, not the App Store and to the extent relevant, the App Store is an intended third party beneficiary of this Agreement.

Support Services

We provide Support Services for the App.  Please contact us by clicking the relevant link in the App or reviewing the FAQs if you need support. You acknowledge that not all issues you may experience with the App will be able to be resolved with our Support Services, as some issues relate to your device or your data service. You will need to contact the App Store, your device manufacturer or telecommunications service provider for any issue with your device or data service.

Competitors

If you are our Competitor, you are responsible for any loss that we may suffer as a result of your breach of this Agreement and accountable to us for all profits that you might make from any such breach.

Termination

This Licence is valid until terminated by either of us. You can terminate this Agreement by not paying the Subscription Fee when it is due or by deleting your Account. 

We may terminate this Agreement and access to the App if you do not:

  • pay the Subscription Fee when it is due;
  • if you are a Club User and the Club Agreement is terminated and you do not choose to become a Subscribed User; or
  • comply with this Agreement.

We may discontinue, suspend, limit, or cancel your Account or access to the App at any time without notice if:

  • you breach this Agreement;
  • your Account is inactive for an extended period;
  • you bring our name or reputation into disrepute; or
  • you violate the rights of another party.

Consequences of termination

We will remove your access to the App and delete any data in it when this Agreement ends. 

General Disclaimer

Nothing in this Agreement limits or excludes anything which may not be limited or excluded by the Australian Consumer Law.

To the extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in this Agreement.

You acknowledge that:

  1. use of the App is at your own risk;
  2. the App is provided to you on “as is” and “as available” basis;
  3. we do not make any express or implied representation or warranty about the App or its performance including any loss or damage you might suffer as a result of:
    1. any failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability, or currency of any information on the App (including third party material and advertisements on the App);
    3. costs incurred as a result of you using the App; and
    4. the operation of any links which are provided for your convenience.

We are not responsible to you for any penalties applied by the club or course for incorrect usage of the app during competition or tournament play.

Limit on Liability

Our maximum liability to you in relation to the App is limited to the resupply of the App. We are not liable for any Special Loss.

Indemnity

You indemnify us in relation to any Claim arising from or in connection with your use of the App or breach of this Agreement.

General

Severable If any of part of this Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of this Agreement will continue to apply.

No Waiver A waiver of this Agreement is not valid or binding unless made in writing.

Entire agreement This Agreement contains the entire agreement between us about the App and supersedes all prior agreements and understandings between us. 

Rights that survive termination  The rights and obligations in this Agreement relating to Intellectual Property, Competitors and Limit on Liability survive the termination of this Agreement between us.  

Governing Law This Agreement is governed by the laws of Western Australia and both of us submit to the exclusive jurisdiction of the courts in that State.

Reading this Agreement

In this Agreement:

  • The singular includes the plural and conversely.
  • A reference to this Agreement is to this Agreement as amended, varied, or replaced from time to time. The current version of the Agreement is available here.

or by clicking the link in the App.

  • Mentioning anything after includes, including, or similar expressions, does not limit what else might be included.

Definitions

Account means a user account created through the App and linked to a Golf Club.

App means the MiScore Mobile Application offered by us from time to time and any updates to the App.

App Store means the application store from which you downloaded the App and includes the Apple App Store and Google Play Apps.

FAQs means the frequently asked questions available at MiScore Help from time to time.

Golf Union means the body responsible for managing golf in your Country and includes Golf Australia, Singapore Golf Union, and New Zealand Golf.

Intellectual Property means all industrial and intellectual property rights in the App and our Material throughout the world and includes rights in respect of copyright, patents, trademarks, designs, trade secrets, know-how and our confidential information. 

Minor means a person under the age of 15 years.

Playing Partner means someone who is playing golf with you.

Special loss means any special, indirect, or consequential loss or damage. loss of profit or opportunity, or damage to goodwill arising out of or in connection with the App whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Support Services means the support provided by MiClub which is available at by contacting us or accessing the MiScore forum at MiScore Help.

Us, we, or our means MiEnterprise Pty Ltd ABN 40 096 746 815 (trading as MiClub) and where applicable includes its affiliates, employees, agents, contributors, third party content providers and licensors.

MiClub Support:

email: support@miclub.com.au

Phone: 08 9444 5300

Address: Unit 2 /128 Main St Osborne Park Western Australia 6017