MiScore App Terms and Conditions

Posted: 1st May 2019 in MiScore App

App Terms and Conditions

These terms and conditions govern your use of the services we provide through the MiScore Scoring software application (App) or our website at www.miclub.com.au (Website) (collectively, the Service) and forms a legally binding agreement between you (you or your) and us, MiEnterprise Pty Ltd ABN 40 096 746 815 (we or us).

Licence

We grant you a revocable, non-exclusive, non-transferable licence to use the Service during the period in which you maintain an online account with us.

The Service

The Service provides a golf course and club management tool, distance measurement and data recording service.  You must use the Service for the purpose for which it is intended and not for anything else. You acknowledge that the purpose of the Service is to provide a tool for the management of golf course and club facilities, distance measurement and data recording (Intended Purpose).

Conditions of Use

It is a condition of use of the Service that you must:

(a)  Use the Service in accordance with the rules of golf which are available at https://www.randa.org/en/rog/2019/pages/the-rules-of-golf. 

Failure to comply with the rules of golf may result in disciplinary actions.

(b)  Only use the Services to record your own activities against your profile and do not submit fraudulent, dishonest or incorrect data concerning your score. 

 

You must not attempt to hack, decompile, disassemble, modify, translate, adapt, reverse engineer or create derivative works from any part of the Service. In using the Service you must not transmit or introduce any virus or corrupt files so as to damage or disrupt the Service.

Fees

You agree to pay our fees in advance on a annual basis. If our fees have been paid by a golf club on your behalf you acknowledge and agree that you will be responsible for any shortfall in the fees and for any additional fees incurred as a result of your use of our Service. We may increase our fees provided we give you at least 14 days’ notice of our intention to increase our fees prior to the date any payment is due and if you give us notice to terminate within the 14 days we will not charge you increased fees and your subscription will terminate 14 days from the date of your notice.

Our fees are exclusive of all taxes, duties, levies or imposts. You are responsible to pay any such amounts in addition to our fees where applicable and must reimburse us if requested by us.

Your account

You must keep your account details including your username and password secure at all times and do all such things necessary to prevent another person from using or accessing your account details.  You are responsible for all activities that occur under your account. 

Acknowledgement and Consent

You acknowledge that part of the Services includes the collection of your location while using the Services.  By using the Services you consent to your location being collected while using the Service.  You also acknowledge and agree that we may use the information collected about your location and other data to provide you with the Services, to improve and develop the Service, to provide the golf club and other relevant parties with data to enable analysis of locations and movement trends and to promote golf.  You agree that during some applications of the Service such as Pace of Play location services are required and cannot be turned off.

Termination

You may terminate your account at any time by sending an email to us at support@miclub.com.au and giving us 30 days notice. We may suspend, limit or terminate your account immediately at any time without notice or cause, including if we cease to operate the Service, or if you have or we suspect you have, in our reasonable opinion, breached these terms in any way.

Consequences of termination

On termination of your account we will revoke your access to the Service and any files that you may have created and stored within the Service. 

Privacy

We collect your personal information for the purpose of providing you with the Service, to communicate with you and to provide you with information about the Service from time to time.  If you do not provide the requested personal information to us, we may not be able to fully and effectively provide you with the Service.  Our Privacy Policy, which forms a part of these terms and conditions, contains information about how you can access and correct your personal information, and how to contact us about concerns in relation to your privacy. 

Intellectual property rights

We own all intellectual property rights in our name, logo, trade mark, domain name, App and Website including but not limited to images, designs, literary and artistic works, screen formats, source codes, object codes, layouts and file structures underlying the App and Website except any content generated by you, other users or licensed by third parties to us. We also own all intellectual property rights subsisting in or relating to the Service.

You will not do or omit to do anything that will infringe our intellectual property rights or those from whom we have licensed.

Representations and Warranties

You represent and warrant to us that your use of the Service will not infringe the rights of any person.

We do not represent or warrant that the Service will be available at all times or that they will be free of error or omissions. We may decommission or transfer the Service at any time without incurring any liability to you or anyone else. We may also terminate any part or all of the Service at any time without notice to you.

We exclude all representations, warranties or terms (express or implied) other than those expressly set out in these terms and conditions.

Disclaimer

We are not responsible for your use of the Service. We disclaim all liability arising out of or in connection with the Service. We make no representation that the Service or any information on our Website or App constitutes advice which can or should be relied on by any person. You agree to use the Service entirely at your own risk.

No Liability

To the fullest extent permitted by law, we exclude all liability arising from or in connection with the Service. To the extent we are unable to exclude liability, we exclude liability for any indirect or consequential losses you may suffer and our liability to you will be limited to the amount of $1.

Release and Indemnity

You release us in relation to any claims you may have against us arising from or in connection with your use of the Service.

You indemnify us and hold us harmless in relation to any claim made or threatened against us or any direct or indirect loss or damage (including any legal cost and expense on a full indemnity basis) suffered or likely to be suffered by us arising from or in connection with your use of the Service or your breach of any of these terms and conditions.

Australian Consumer Law

These terms and conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded to the extent it applies to you. If such legislation applies, to the extent possible and to the extent allowed by the Australian Consumer Law, we limit our liability in respect of any claim to, at our option, the supply of the services again, or the payment of the cost of having the services supplied again.

Amendments

We may, without notice, amend these terms and conditions at any time, and any such changes will be posted to the Website.  You should check the Website regularly to take notice of any changes we may have made to these terms and conditions.  If you continue to use the Service, you will be deemed to accept the amendments. If you do not accept any amendments, you may terminate your account at any time.

Suspension or Termination

We may deactivate or terminate your account at any time if we determine, in our sole and absolute discretion, there has been a sustained period of inactivity or non-use on your account.

You must not make a claim against us in relation to any deactivation or termination of your account or the Service or the decommissioning or transfer of the App or Website.

Severability

If any of these terms and conditions is determined by a court of law to be invalid or unenforceable, it will be severed to the extent that it is invalid or unenforceable. Severance of it will not affect the continued operation of the remaining provisions of these terms and conditions.

Waiver

If we do not act in relation to a breach by you of these terms and conditions, it does not waive our right to act with respect to that or subsequent breaches. Any waiver by us must be in writing and signed by us.

Construction

The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.

Entire agreement

This agreement contains the entire agreement between you and us about its subject matter and supersedes all prior discussions, representations, agreements and understandings between you and us in connection with the subject matter.

Governing Law

These terms and conditions are governed by and is to be interpreted according to the laws in force in Western Australia, Australia. The parties submit to the exclusive jurisdiction of the courts in Western Australia, Australia.