Putt Terms of Service

These Terms of Service are effective as of 1st, February 2019 "Effective Date”. Read these terms carefully before browsing the website. Your continued use of the website and/or mobile application indicates that you have both read and accepted these terms. You cannot use the website and/or mobile application if you do not accept these terms. All sections of these terms are applicable to all users unless the section expressly states otherwise.

Contents

1. Introduction

  1. The Putt website https://www.putt.co.za ("the Website") and mobile application ("the Application”), are made available, and owned by SKW Solutions (bearing registration number 2019/062809/07) (hereinafter referred to as "we", "our" or "us"). Any reference to "we", "our" or "us" shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
  2. These terms, including any document incorporated by reference herein, including but not limited to the Privacy Policy (collectively, the "Terms”) apply to any person who uses the Services, refers to, views, downloads and/or uploads any information or material made available on the Website or through the Application for whatever purpose (hereinafter referred to as "User”, "Users”, "you” or "your”).
  3. Accessing and/or use of the Website or the Application after the Effective Date will signify that the User has read, understands, accepts, and agrees to be bound, and are bound, by the Terms in such User’s individual capacity and/or for and on behalf of any entity for whom the User utilises the Website or the Application. Further, the User represents and warrants that the User has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
  4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to a User, and any revisions to the Terms will take effect when posted on the Website and/or Application. We will also endeavour to advise Users of any changes via email prior to such changes taking place. Such modifications will require acceptance by a User prior to continued use of the Website or the Application, and shall thereby be construed as a User’s consent to the amended or updated Terms. A User’s only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing a User’s use of this Website or the Application.
  5. References in these Terms to ‘include’, ‘including’ and ‘in particular’ are to be interpreted without limitation.

2. Terminology

  1. The following terminology applies to these Terms:
    1. "Parties” shall mean us and the User and "Party” shall mean either the Company or the User as the context indicates;
    2. "Platform” shall mean the platform(s) on which the Services are offered and which shall include the Website together with the Application.
    3. "Services” shall mean those Services as provided to the User through the Platform as more fully set out in clause 4 below;
    4. "Service Fee” shall mean the payment made by the User to us in respect of the Services; and
    5. "User” shall mean the person who signs up on the Platform in order to have their information managed.

3. Users Agreement to These Terms

  1. Subject to, and on the basis of a User’s acceptance of the Terms, we grant to the User a limited, revocable, non-transferable license to access and use the Platform in accordance with the various policies and agreements which may govern such use and access.
  2. A User agrees not to use the Platform for any illegal or unauthorised purpose.

4. Description of Services

  1. The Services as provided through the Platform shall include:
    1. golf group management services;
    2. score capturing;
    3. access to historical statistics;
    4. planning of future rounds of golf;
    5. the ability to create a group and invite other Users to join, or upon invitation, join another Users’ group and have access to their information;
  2. These services shall allow for a User’s information to be managed in an effectual manner.
  3. A User shall be able to view the information of other Users on the platform.

5. Registration Process

  1. A potential User shall be able to create an account on the Platform by providing a secure password and email address ("Log In Details”), together with additional personal information as set out in the Privacy Policy.
  2. The Log In Details shall be required each time a User logs on to the Platform.
  3. A User shall thereafter receive an email confirming that their account has been registered.

6. Cost to User

  1. The cost to a User for Premium Membership Services through the Platform shall be an amount of R49.99 (forty nine rand and ninety nine cents) per month. The Platform will otherwise be cost free.
  2. A User shall make payment of the Premium Membership Service Fee monthly in advance should the User wish to gain access to the Premium features of the Platform.
  3. Premium subscriptions shall be handled through the relevant App Store (the Play Store for Android devices and the Apple App Store for Apple devices) and all payment will be handled by that App Store.
  4. In the event of a User cancelling, pausing, or otherwise not settling their subscription payment, the Premium Services shall immediately be terminated and the User shall only be able to gain access to the Free Services.

7. Warranties by the User

  1. The User warrants and represents that the information provided to us is and shall remain accurate, true and correct and that the User will update the information held by us to reflect any changes as soon as possible.
  2. Any User registering on the Platform warrants that if registering on behalf of an entity, such User will be taken to have represented to us that it has the authority to act on behalf of the entity, and that these Terms will be binding on the entity.
  3. Users further warrant that when using the Platform or registering on the Platform, it:
    1. is not impersonating any person or entity;
    2. is not violating any applicable law regarding use of personal or identification information;
    3. is authorised to register on the Platform; and
    4. will provide, on demand from us, verification of such User’s credentials in such form as required by us.

8. Protection of Personal Information

  1. We undertake as far as is possible, to protect each User’s personal information in accordance with the Privacy Policy located at the following url: https://www.putt.co.za/legal/privacy-policy and not provide same to any non-Golf related third party, except as may be necessary in order to perform all such Services as required in accordance with these Terms.

9. Disclaimer

  1. We make no express, implied or statutory representations, warranties, or guarantees in connection with this Platform, any other Users of the Platform, including but not limited to partners, or third parties, or any materials on the Platform relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Platform.
  2. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Platform and any information or material contained or presented on this Platform is provided to you on an "as is,” "as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not warrant the timeliness, workmanship, or completion of the Platform. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using this Platform.
  3. Without limiting the generality of the foregoing, we make no warranty that this Platform will meet a User’s requirements, or that the Platform will be uninterrupted, timely, secure, error free or that defects in this Platform will be corrected.
  4. We make no warranty as to the results that may be obtained from the use of the Platform or our Services as to the accuracy or reliability of any information obtained through the Platform. No advice or information, whether oral or written, obtained by a User through the Platform or from us or its third party service providers shall create any warranty enforceable as against us.
  5. To the maximum extent permissible by applicable laws, we denounce any fiduciary responsibilities to any Users of the Platform.

10. Unauthorised use of the Platform by Users

  1. A User is specifically not permitted to use the Platform in any of the following ways (which list should not be deemed to be exhaustive of our rights in this regard):
    1. for any public or commercial exploitation which includes the use of the Platform on another site or through a networked computer environment;
    2. in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Platform;
    3. to stalk, harass, or harm another individual;
    4. to impersonate any person or entity or otherwise misrepresent the true state of affairs;
    5. to interfere with or disrupt the Platform or servers or networks connected to the Platform;
    6. to use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
    7. attempt to gain access to any portion of this Platform, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

11. Copyrights

  1. The contents of the Platform are the property of SKW Solutions, and are protected by South African and international copyright laws. We do not permit copyright infringing activities and infringement of intellectual property rights on the Platform.
  2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission or the copyright owner.
  3. A User is expressly prohibited to "mirror” any content, contained on the Platform on any other server unless with our prior written permission, and further, should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

12. Assignment

  1. A User may not assign its rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to a User.

13. Intellectual Property

  1. A User agrees not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services including any algorithm used by us.
  2. We either own or are licensed to use all intellectual property on the Platform. You may not use any of our intellectual property for any purpose other than may be required to use the Platform for its intended purpose.

14. Limitation of Liability and Indemnity

  1. The Platform is used entirely at a User’s own risk.
  2. We are not responsible for, and a User agrees that we will have no liability in relation to, the use of and conduct in connection with the Platform.
  3. A User hereby indemnifies us and undertakes to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us or a User arising out of or in connection with these Terms.
  4. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms, might apply in relation to a User’s use of the Platform.
  5. Nothing in these terms and conditions will: (a) limit or exclude our or a User’s liability for death or personal injury resulting from negligence; (b) limit or exclude our or a User’s liability for fraud or fraudulent misrepresentation; (c) limit any of our or a User’s liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or a User’s liabilities that may not be excluded under applicable law.
  6. To the extent that the Platform and the information and Services on the Platform are provided free-of-charge, we will not be liable for any loss or damage of any nature.
  7. We will not be liable to a User in respect of any losses, including, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill and all indirect and consequential losses or damages.

15. Breach

  1. Without prejudice to our other rights under these Terms, if a User breaches these Terms in any way, we may take the action we deem appropriate. We may suspend a User’s access to the Platform, prohibiting the User from accessing the Platform, block computers using a User’s IP address from accessing the Platform, contact a User’s internet service provider to request that they block such User’s access to the Platform and/or bringing court proceedings against a User.

16. General

  1. Our failure to act to enforce a right in these Terms does not mean that we have waived any right in terms of these Terms.
  2. Any consent to depart from the Terms will be ineffective unless it is confirmed in writing and signed by us.
  3. Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
  4. The rights, powers and remedies provided to us in these Terms are in addition to the rights, powers and remedies provided by law independently of these Terms.
  5. These Terms constitute the entire agreement, read together with any policy included in the Terms.
  6. These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
  7. Any claims, legal proceeding or litigation arising in connection with these Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
  8. If any provision in these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

17. Notices

  1. All notices and other communications required under these Terms will be in writing and will be addressed to the Parties at the following addresses:
    1. SKW Solutions: Unit 1 Biltmore Gables, Curlewclose, Wilgeheuwel, Gauteng, 1709, South Africa.
    2. Email: info@putt.co.za
    3. User Email: The email address provided on registration
  2. Any Party may change their above address. The change will only be effective once the other Party has received notice of the change.
  3. Notices and communications must be delivered by prepaid registered post, by hand (to a responsible person during ordinary business hours) or by email, to the respective addresses provided by the Parties.
  4. Delivery by hand is considered received on day of delivery unless delivered after business hours in which case the following business day will constitute delivery. Delivery by registered post 10 days after posting (unless proved otherwise) provided it is addressed correctly. Delivery by email will be considered to have been received on the date of transmission (unless the contrary is proved).
  5. Any notice given in writing and actually received by the other Party, will be deemed to have been properly delivered and received, despite the fact that such notice has not been given in accordance with this clause.