OneGolf App Terms and Conditions

OneGolf Mobile Application
Licence Agreement

About the App

Welcome to the OneGolf Mobile Application (the App) offered by MiClub.  The App provides a mobile application version of OneGolf functions for Members and Administrators of a Golf Club using the MiClub OneGolf system.

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 Agreement you must delete the App. Capitalised words in this Agreement have a special meaning which is found in the Definitions.

User

If you are an Administrator or Member at a Golf Club that uses OneGolf you can use the App.

You can only use the App at your Golf Club while you remain an Administrator or Member.

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

To use the App you will need to login with the OneGolf membership number and password allocated by your Golf Club. 

If the Golf Club terminates its agreement to use OneGolf, this Agreement with you will end.

If you are a Minor

If you are a Minor your parents or legal guardian must consent to you using the App and any of its features 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 login into your golf club account to link it to your Golf Club. 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 may send you push notifications or other communications to provide you with information about Support Services or updates to the App. You can adjust the settings of your device 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. 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 and any of its functions:

• in accordance with this Agreement and any rules included in the App or notified to you from time to time; 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 OneGolf details to login.

You acknowledge that you may be liable to us for damages if you breach this Agreement.

Technical requirements of the App

• we may upgrade the App or its specifications from time to time from time to time;
• Compatible Devices may change as upgrades happen;
• we may not be able to provide the App to you if your device is no longer a Compatible Device; and
• we are not responsible:
  1. to you if your device is no longer a Compatible Device.
  2. for any excess data usage resulting from use of the App; and
  3. for any damage to your device as a result of using the App.
  4. for any connectivity or other issues you experience which prevent you accessing the App;
  5. for the quality of any information transmitted by you to the App.
  6. for any penalties applied by a Golf Club for incorrect use of the App or based on any data we provide from the App;
  7. 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 Agreement is valid until terminated by either of us. We will tell you at least 30 days before we do so if we plan to terminate your access to the App. You can terminate this Agreement by deleting the App.

We may terminate this Agreement and access to the App:

• if the Club terminates its agreement for OneGolf; or
• if you do not comply with this Agreement.

We may discontinue, suspend, limit, or cancel your access to the App at any time with notice if:

• you breach this Agreement;
• you do not access the App 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 the App when this Agreement ends.  MiClub may keep a record of your transactions from the App.   

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:

• use of the App is at your own risk;
• the App is provided to you on “as is” and “as available” basis;
• 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;
  4. if your device is no longer a Compatible Device; and
  5. 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

Subject to this Agreement, 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.

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. 

Variation We may vary this Agreement from time to time. If we do change this Agreement, we will give you at least 30 days’ notice of the change and the new Agreement will be effective after that notice period ends. The current version of the Agreement is available at https://www.miclub.com.au/cms/onegolf-app-terms-and-conditions/app/ or by clicking the link in the App. We will treat you as having accepted the updated Agreement if you continue to use the App after any such notice period ends.

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.
  • If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
  • 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 at https://www.miclub.com.au/cms/onegolf-app-terms-and-conditions/app/ 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.

Administrator means a person authorised by a Golf Club to carry out administrative functions in OneGolf on behalf of the Golf Club.

App means the OneGolf 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.

• Apple devices https://developer.apple.com/library/archive/documentation/DeviceInformation/Reference/iOSDeviceCompatibility/DeviceCompatibilityMatrix/DeviceCompatibilityMatrix.html
• Android devices https://developer.android.com/guide/practices/compatibility

FAQs means the frequently asked questions available at http://miscorehelp.miclub.com.au/support/home from time to time.

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.

OneGolf means an online software as a service solution provided by MiClub to assist Golf Clubs to manage tee times, competitions, results and member communication.

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 http://onegolfhelp.miclub.com.au/support/discussions.

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.