This Terms and Conditions of use agreement sets forth the standards of use of Up.Golf Application and websites under the www.up.golf website network . Please read this agreement carefully before accessing or using the application or the website.
By using the Up.Golf App and/or the Up.Golf Website, you unconditionally agree to the terms and conditions hereby defined in This Agreement. If you do not agree to the terms and conditions of This Agreement, you should discontinue use of the application and the website. Up.Golf reserve the right, at any time, to modify, alter, or update the terms and conditions of This Agreement without prior notice. Modifications shall become effective immediately upon being posted on the website. Your continued use of the Up.Golf App and/or p.Golf website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
You may direct any questions regarding the Terms and Conditions of Use Agreement to [email protected].
The following are descriptions of The Products:
To utilize Up.Golf’s App or website, the user is individually responsible for:
The Up.Golf App is Free to download. Upon download, the user is entitled to an unlimited number of course information and creation of challenges. There are no fees associated with the use of The Up.Golf App.
The Up.Golf Website is Free. There are no fees associated with the use of The Up.Golf Website.
Up.Golf reserves the right to change the prices and/or pricing structure of The Up.Golf App and/or Up.Golf Website at any time.
The user agrees to allow Up.Golf to periodically send him or her Information regarding Up.Golf’s Products and Services. The nature of Information includes but is not limited to Newsletters, Product and/or Service Updates, Special Offers and Promotions, Company News, and Third-party Advertising. Up.Golf may contact the user via email or directly via the Up.Golf application, including but not limited to the form of “Push Notifications” and “In-app Notifications.” Users may opt-out of email contact by following “Unsubscribe”instructions provided at the bottom of emails from Up.Golf.
All of The user’s transactions with or through the application and/or the website may, at Up.Golf’s option, be conducted electronically from start to finish. If Up.Golf decides to proceed non-electronically, those services will still be governed by the remainder of these Terms and Conditions unless the user enters into different terms on a form provided by Up.Golf. If the law allows the user to withdraw this consent or if we are ever required to deal with The User non-electronically, Up.Golf reserves the right to charge or increase fees and the user agrees to print or make an electronic copy of the Terms and Conditions of Use Agreement and any other contract or disclosure that Up.Golf is required to provide to the user.
You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether made with your knowledge or authority. All instructions transmitted by or received from anyone presenting your password on the application and/or the website are binding to you. You agree to guard your password carefully, with the full awareness that a failure to keep it secure may enable others to engage in transactions through the application and/or the website for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Up.Golf immediately. You authorize Up.Golf to refuse to accept any further orders placed under that password on your behalf and Up.Golf will use commercially reasonable efforts to block such orders.
The user agrees to not use the application or the website or Up.Golf’s means of contact to:
Up.Golf shall have the right (but not the obligation) to monitor the content of the application and the website to determine compliance with this agreement and any operating rules established by Up.Golf and to satisfy any law, regulation or authorized government request. Up.Golf shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the website.
Up.Golf reserves the right to modify or discontinue its offering of the application and/or the website with or without notice to users. Up.Golf shall not be liable to any user or any Third Party should Up.Golf exercise its right to modify or discontinue the application and/or the website or any product features at any time. By agreeing to The Terms and Conditions herein and by using the application and/or the website, The User acknowledges that Up.Golf does not guarantee continuous, uninterrupted, or secure access to the application and/or the website. The User also hereby understands that the operation of the application and/or the website may be interfered with or adversely affected by numerous factors and circumstances outside of Up.Golf’s control.
Up.Golf may terminate the user’s access to all or any part of the application and/or the website at any time, with or without cause, with or without notice, effective immediately. The user may terminate this Agreement and his/her Up.Golf Account simply by discontinuing use of the application and/or the website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The application and the website are operated and provided under the jurisdiction of Portugal. As such the application and/or the website are subject to the laws of Portugal, and such laws will govern this Terms and Conditions of Use Agreement. We make no representation that the application or the website is appropriate, legal, or otherwise proper for use in other locations. If you choose to use the application and/or the website, you thereby agree to do so subject to the laws of Portugal.
The user is responsible for knowledge of all laws that may be directly or indirectly applicable to use of The Up.Golf App and Up.Golf Website and agrees to comply with any and all such laws. The user may not use the application and/or the website to the extent that use violates applicable state, federal, or international laws, regulations, or other government requirements. The user further agrees not to transmit any material or carry out any other action that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Any dealings with advertisers found on the Up.Golf’s Website are solely between the User and that advertiser. Up.Golf shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on The website. Users agree to assume the sole risk in dealing with any of said advertisers.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Up.Golf makes every effort to ensure that the information on its Website is accurate, We make no representations or warranties as to the accuracy or reliability of any information provided on The website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.
All contents and arrangement of contents of the application and the website, including but not limited to their respective site design, user interfaces, copy/text, graphics, application features, and golf course data, are the property of Up.Golf and are protected by intellectual property rights. Any use of such Property from The application and/or The website without prior written permission of an authorized director of Up.Golf is strictly prohibited. Such prohibited uses include but are not limited to reproduction, modification, distribution, or replication of Up.Golf’s Property for personal, recreational, commercial or other use. Further, any form of data extraction or data mining, or other commercial exploitation of any kind is also prohibited. The user agrees they will not use any robot, spider, other automatic device, or manual process to monitor, copy, or extract content contained in the application or the website without prior written permission of an authorized director of Up.Golf.
Up.Golf trademarks may not be used in connection with any product or service that is not provided by Up.Golf, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Up.Golf. All third-party trademarks that may be displayed in The application and/or The website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Parties by Up.Golf. Any use of Third Party trademarks or links to the websites of Third Parties neither express nor imply that such Third Party endorses or is in any way affiliated with Up.Golf.
The Up.Golf App and Up.Golf Website are provided by Up.Golf on an ‘as is’ basis. Up.Golf makes no representations or warranties of any kind, express or implied, regarding the use or the results of The Products or Information therein in terms of their correctness, accuracy, reliability, or otherwise. Up.Golf shall have no liability for any permanent or temporary interruptions in the use of The Products. Up.Golf disclaims all warranties with regard to information provided, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Up.Golf does not warrant that its Product or Service will operate error-free or that The application or The website are free of computer viruses, malware, or other potentially harmful or intrusive software. If The User’s use of The Products were to result in the need for servicing or replacing equipment or data, Up.Golf is not responsible for any associated costs.
In no event, shall Up.Golf or any of its affiliates be liable for any damages whatsoever, particularly special, indirect, consequential, or incidental damages. Further, Up.Golf shall not be liable for damages for loss of profits, loss of revenue, or loss of use, arising from or related to a user’s use of the application and/or the website or information contained therein, regardless of whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. The foregoing applies even if Up.Golf has been advised of the possibility of such damages. Part or all this Limitation of Liability provision shall not apply to the extent prohibited by applicable law.
The user agrees to indemnify and hold harmless Up.Golf and its parents, subsidiaries, affiliates, directors and employees that either have been, are now, or will be at any time in the future affiliated with Up.Golf from any and all claims, demands, and expenses, including attorneys’ fees, made by any User or Third Party due to or arising out of user use of the application and/or the website, user violation of this Agreement, user infringement of intellectual property, or User infringement of any other right of any person or entity.