Welcome to the OneGolf Mobile Application (the App<\/strong>) offered by MiClub.\u00a0 The App provides a mobile application version of OneGolf functions for Members and Administrators of a Golf Club using the MiClub OneGolf system.<\/p>\n 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<\/em><\/strong>.<\/p>\n If you are an Administrator or Member at a Golf Club that uses OneGolf you can use the App.<\/p>\n You can only use the App at your Golf Club while you remain an Administrator or Member.<\/p>\n You must download the App from the App Store in order to use it.\u00a0 Your device must be a Compatible Device to download and use the App.<\/p>\n To use the App you will need to login with the OneGolf membership number and password allocated by your Golf Club.\u00a0<\/p>\n If the Golf Club terminates its agreement to use OneGolf, this Agreement with you will end.<\/p>\n If you are a Minor <\/strong><\/p>\n 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.<\/p>\n 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.<\/p>\n We own and control all Intellectual Property in the App and our Material. You agree not to infringe our Intellectual Property.<\/p>\n 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.\u00a0 You need to tell us immediately about any unauthorised use of your Account or any security breach of which you become aware.<\/p>\n When you use the App, we collect personal information about you including your name, contact details.\u00a0 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.\u00a0<\/p>\n 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\/<\/a>.<\/p>\n You must use the App and any of its functions:<\/p>\n You must not:<\/p>\n You acknowledge that you may be liable to us for damages if you breach this Agreement.<\/p>\n We provide Support Services for the App.\u00a0 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n We may terminate this Agreement and access to the App:<\/p>\n We may discontinue, suspend, limit, or cancel your access to the App at any time with notice if:<\/p>\n We will remove your access to the App and delete any data in the App when this Agreement ends. \u00a0MiClub may keep a record of your transactions from the App. \u00a0\u00a0<\/p>\n Nothing in this Agreement limits or excludes anything which may not be limited or excluded by the Australian Consumer Law.<\/p>\n To the extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in this Agreement.<\/p>\n You acknowledge that:<\/p>\n 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.<\/p>\n 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.<\/p>\n Severable <\/strong>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.<\/p>\n No Waiver <\/strong>A waiver of this Agreement is not valid or binding unless made in writing.<\/p>\n Entire agreement <\/strong>This Agreement contains the entire agreement between us about the App and supersedes all prior agreements and understandings between us.\u00a0<\/p>\n Variation <\/strong>We may vary this Agreement from time to time. If we do change this Agreement, we will give you at least 30 days\u2019 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\/<\/a> 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.<\/p>\n Rights that survive termination\u00a0 <\/strong>The rights and obligations in this Agreement relating to Intellectual Property, Competitors<\/strong> and Limit on Liability<\/strong> survive the termination of this Agreement between us. \u00a0<\/p>\n Governing Law <\/strong>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.<\/p>\n In this Agreement:<\/p>\n Account<\/em><\/strong> means a user account created through the App and linked to a Golf Club.<\/p>\n Administrator <\/em><\/strong>means a person authorised by a Golf Club to carry out administrative functions in OneGolf on behalf of the Golf Club.<\/p>\n App<\/em><\/strong> means the OneGolf Mobile Application offered by us from time to time and any updates to the App.<\/p>\n App Store<\/em><\/strong> means the application store from which you downloaded the App and includes the Apple App Store and Google Play Apps.<\/p>\n FAQs <\/em><\/strong>means the frequently asked questions available at http:\/\/miscorehelp.miclub.com.au\/support\/home<\/a> from time to time.<\/p>\n Intellectual Property <\/em><\/strong>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.<\/p>\n Minor <\/em><\/strong>means a person under the age of 15 years.<\/p>\n OneGolf<\/em><\/strong> means an online software as a service solution provided by MiClub to assist Golf Clubs to manage tee times, competitions, results and member communication.<\/p>\n Special loss <\/em><\/strong>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.<\/p>\n Support Services <\/em><\/strong>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<\/a>.<\/p>\nUser<\/h3>\n
Licence<\/h3>\n
Intellectual property<\/h3>\n
Your Account<\/h3>\n
Your privacy<\/h3>\n
Your obligations when using the App<\/h3>\n
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Technical requirements of the App<\/h3>\n
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Support Services<\/h3>\n
Competitors<\/h3>\n
Termination<\/h3>\n
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Consequences of termination<\/h3>\n
General Disclaimer<\/h3>\n
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Limit on Liability<\/h3>\n
General<\/h3>\n
Reading this Agreement<\/h3>\n
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Definitions<\/h3>\n
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