Pin Seekerz App User Licence

Last update 3rd May 2016

 

PIN SEEKERZ LIMITED, a company registered in England and Wales under company number 08903154, whose registered office is at Chislehurst Business Centre, 1 Bromley lane, Chislehurst, Kent, BR7 6LH hereinafter referred to as ‘PSZ or ‘Weset out the following terms and conditions (the ‘Terms’) upon which PSZ offers a PSZ Member herein referred to as ‘You’, ‘Your’ or ‘PSZ Membera non-exclusive, non-transferable licence to download, install and use the PSZ mobile software application (the ‘PSZ App’) on Your Device in order to access and use the PSZ Services for Your own personal and non-commercial use subject to the Terms herein.

 

The PSZ App is further licensed to You subject to any rules or policies applied by any app store provider or operator (the ‘App Store Terms’) from whose site You download or stream the PSZ App which can be found here (ITUNES) (‘App Store(s)’). For the avoidance of doubt, We do not sell the PSZ App to You. We remain the owners of the PSZ App at all times.

These Terms shall remain in full force and effect to the extent that a PSZ Member makes use of the PSZ App to access the PSZ Services (including during which any User Generated Content (or ‘UGC’) remains displayed on, or stored by, the PZS App) unless terminated by You or by PSZ in accordance with the Terms herein in conjunction with the App Store Terms. These Terms apply to the PSZ App (including any updates or supplements to the PSZ App) and incorporate our Privacy Policy and any Additional Terms (as applicable from time to time) by this reference which apply in full to Your use of the PSZ App to the extent such are applicable (collectively called the ‘PSZ Member Licence’).

 

You should print a copy of this for future reference.

1       DEFINITIONS

       The definitions to be read with these Terms are set out in full at Clause 22.

 

2.      GENERAL

2.1    By using any of the PSZ Services via the PSZ App, You expressly agree to be bound by these Terms and all applicable Legislation and Codes governing the use of the PSZ Services via the PSZ App. These Terms form a legally binding agreement between You and PSZ and applies to all PSZ Members who may also be contributors of UGC posted on or submitted to, the PSZ App.

2.2    You should read the Terms of this Pin Seekerz App User Licence carefully and ensure that You understand the effect before proceeding to use the PSZ App to access the PSZ Services from Your Device. If You disagree with any part of the Terms, do not use the PSZ App and stop the downloading or streaming process immediately. In this case, the downloading or streaming process will terminate. As a consumer, You have the right to withdraw from Your transaction without charge and without any reason before downloading or streaming the PSZ App. However, You will lose the right to cancel the transaction once You begin to download or stream the PSZ App. This does not affect your consumer rights for an app that is defective, applicable where You are paying PSZ Member Charges in respect of an app.

2.3    We reserve the right to modify these Terms at any time (e.g. to reflect changes in the law or to introduce Additional Terms) including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the PSZ App. Any changes We may make to these Terms in the future will be posted on this page and, where appropriate, notified to You by SMS or by email or when You next start the PSZ App, the new terms may be displayed on-screen and You may be required to read and accept them in order to continue. You agree that PSZ will treat Your use of the PSZ App to access the PSZ Services as acceptance of the Terms herein including Your continued use subsequent to any changes.

2.4    You acknowledge that You will not necessarily be able to successfully access and use certain PSZ App Features unless You:

a.     have use of a Device; and,

b.    meet the Device Requirements and any network requirements.

2.5    You will be assumed to have obtained permission from the owners of the Device that is controlled, but not necessarily owned, by You and to download or stream a copy of the PSZ App on to the Device.

2.6    You further acknowledge that the terms of agreement with Your respective Mobile Network Provider will continue to apply when using the PSZ App. As a result, You may be charged by the Mobile Network Provider for access to network connection             services for the duration of the connection while accessing the PSZ App or any such third party charges as may arise and You accept responsibility for any such charges on or in relation to any Device, whether or not it is owned by You. If You are not the bill payer for the Device being used to access the PSZ App, You will be assumed to have received permission from the bill payer for using the PSZ App.

2.7    If any open-source software is included in the PSZ App, the terms of an open-source licence may override some of the terms herein.

2.8    From time to time, updates to the PSZ App may be issued through the relevant App Store. Depending on the update, You may not be able to use the PSZ Services via the PSZ App on Your Device until You have downloaded or streamed the latest (or other premium) version of the PSZ App and accepted any new terms.

2.9    By using the PSZ App to access the PSZ Services, You consent to us collecting and using technical information about the Devices and related software, hardware and peripherals in respect of the PSZ Services that are internet-based or wireless to improve our products and to provide any PSZ Services to You.

2.10 Our PSZ Services makes use of location data sent from the Device i.e. Global Positioning Satellites technology (‘GPS’). If You use these services, You consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of Your location data and queries to provide and improve location-based products and services integral to ensuring optimum performance of the PSZ App. You can turn off this functionality at any time and thereby withdraw Your consent by turning off the location services settings for the PSZ App on the Device however if You do turn these off, You will be unable to use some of the PSZ App Features.

2.11 By using the PSZ App, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the PSZ App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

2.12 If any Terms herein conflict with any terms in the App Store Terms, the App Store Terms shall prevail to the extent that the App Store Terms specifically apply and have been accepted by You in respect of the PSZ App. If there is any inconsistency between these Terms and any Additional Terms, the Additional Terms will prevail to the extent of the inconsistency.

2.13 If You violate these Terms, PSZ (or the relevant App Store on PSZ’s behalf) may terminate Your use of the PSZ App, bar You from future use of the PSZ App and/or take appropriate legal action against You.

2.14 PSZ may use third party software to collect analytics on how you use the app. This will not include any additional personal information than set out in this agreement but allows PSZ to better understand how users interact with the app. 

 

3.      SIGN-UP & ELIGIBILTY FOR PSZ MEMBERSHIP

3.1    To make use of the PSZ App to access the PSZ Services, You must sign up on the PSZ App at the relevant App Store by entering Your ID relevant to that App Store and by accepting the terms of the PSZ Member Licence.

3.2    Our PSZ App makes use of various SM Connect Platforms to enable You to create a PSZ Member Account and to log in to the PSZ App to access the PSZ Services using Your login credentials applicable to the relevant SM Site (herein referred to as Your ‘PSZ Member Login’). It is the SM Site who will authenticate and verify Your login credentials. The SM Platform Application is powered by the SM Site originated API. We allow PSZ Members to link their SM Site accounts to their PSZ Member Account and our PSZ Services. PSZ Members can then potentially post recent PSZ activity back to their SM Site account (accompanied by various prompts to enable You to manage Your privacy). You can disable the foregoing PSZ App Feature at any time by logging into Your PSZ Member Profile and by selecting the option to disable one or more of the SM Connect Platforms but You must retain at least one in order to use the PSZ App.

3.3    When You do log in using the PSZ Member Login, We may request permission to access Your basic information, which includes Your name, profile picture, gender, networks, user ID, list of friends, and any other information that You have made public on the SM Site. For information about how the relevant SM Site discloses Your information, including any information You make public, please consult their individual privacy policies.

3.4    PSZ Members must be at least thirteen (13) years of age and those under eighteen (18) are restricted to accessing the PSZ App in accordance with the relevant App Store Terms which can be found here (GOOGLE PLAY) and here (ITUNES).

3.5    In accordance with the relevant SM Site policies to which You must adhere to, You will keep Your PSZ Member Login relevant to the PSZ App and the PSZ Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your PSZ Member Login. We will not be liable where Your PSZ Member Login is unlawfully used by another.

3.6    Once You have undergone Sign-Up, Your basic personal information will be pulled in to Your PSZ Member Account to create Your PSZ Member Profile. You can then complete or edit Your PSZ Member Profile. For example, you can change Your local golf course, Your gender, Your email address and also choose to connect with other SM Sites.

3.7    You can be kept informed about the PSZ App Features by accessing the PSZ Site or the PSZ App and by reading about them there or by way of receiving PSZ Alerts by Electronic Mail. From Your PSZ Member Account, You can:

(a)   request support from PSZ; and,

(b)   edit Your PSZ Member Profile.

3.8    You agree to notify PSZ immediately by email to info@pinseekerz.com of any unauthorised use of Your PSZ Member Login or PSZ Member Account of which You become aware (with IMPORTANT in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the PSZ App or other registered PSZ Members or for any other reason in breach of these Terms.

3.9    PSZ Members can cancel their PSZ Member Account (and therefore their PSZ Membership and PSZ Member Charges by way of the relevant subscription where applicable) in accordance with the relevant App Store Terms which can be found here (GOOGLE PLAY) and here (ITUNES). Upon cancelation, Your PSZ Member Data will be suppressed from the PSZ App and Your PSZ Member Login shall be immediately deactivated. If You change Your mind, You can undergo Sign-Up again.

3.10 Although PSZ cannot monitor the conduct of PSZ Members off the PSZ App, it is a violation to use any information obtained from the PSZ App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any PSZ Member without their prior explicit consent.

3.11 You may not transfer ownership or sell Your PSZ Member Account to a third party.

3.12 PSZ Members who do not comply with these Terms may be subject to review, which can result in suspension of PSZ Member Account privileges and/or termination at any time. This includes all accounts by virtue of association.

 

4.      GRANT & SCOPE OF THE PIN SEEKERZ APP USER LICENCE

4.1    In consideration of You agreeing to abide by the Terms of the PSZ Member Licence, We grant You a non-transferable, non-exclusive licence to use the PSZ App on Your Device(s), subject to these Terms and the PSZ App Store Terms, incorporated herein by reference. We reserve all other rights. You may:

a.     download or stream a copy of the PSZ App onto Your Device(s); and,

b.    view, use and display the PSZ App on the Device(s) in order to access the PSZ Services (including all PSZ App Features as may be updated from time to time) for your personal purposes only.

(the ‘PSZ App Licensed Rights’)

4.2    Except as expressly set out in these Terms or as permitted by any local law, You agree to abide by the PSZ Member Licence restrictions set out at Clause 12 herein and elsewhere.

 

5.      PSZ SERVICES

5.1    We provide You with the PSZ App and are dedicated to facilitating a functional app that allows You to get the most out of Your game and through the PSZ App, compete against anyone in the world, anywhere in the world by connecting golfers worldwide. Upon registering to download the PSZ App, You will become a PSZ Member and have access to Your own PSZ Member Account by way of the PSZ Member Login You choose to use. You will be able to avail of many PSZ App Features of game play which will vary depending on which version You subscribe to and which may also be updated by PSZ from time to time. You can read about the PSZ App Features relevant to the applicable version You have downloaded or wish to download here As You input Your Golfing Data, the PSZ App will be enabled to collate this data and produce Your PSZ Member Stats (the ‘PSZ Services’).

5.2    The PSZ Services offer no advice, recommendations and endorsements in respect of any Items or any hyperlinks provided by PSZ or PSZ Members or legal representation under any circumstances. PSZ do not endorse any websites or apps presenting hyperlinks on the PSZ App or accept any responsibility for the content of such websites or apps and cannot therefore guarantee, represent or warrant that the content contained in the websites or apps is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your Device. By using these hyperlinks to other websites or apps, You agree and understand that PSZ shall not be liable for any Losses that may arise from Your use of such hyperlinks.

 

6.      IP LICENCE

6.1    When using the PSZ App to access the PSZ Services, if You make use of a feature that allows You to publish any UGC via the PSZ App by way of uploading Golfing Data or otherwise contributing to publicly accessible areas of the PSZ App, You automatically grant:

a.     to PSZ, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the PSZ Services, including without limitation thepromotion and redistribution of all or part of Your UCG(and derivative works thereof) in any media formats and through any media channels;

b.    to each PSZ Member, a worldwide, non-exclusive, royalty-free licence to access Your UGC on the PSZ App, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the PSZ Services and under these Terms. (‘IP Licences’)

Publicly accessible’ areas of the PSZ App are intended by PSZ to be available to PSZ and all PSZ Members to the extent such is permitted by the functionality of the PSZ App (save for that UGC which can be accessed indirectly via the worldwide web search engines).

6.2    Unless terminated (or suspended) for reasons such as those set out in these Terms (including the App Store Terms) or unless PSZ is no longer providing the PSZ Services to You, the above IP Licences granted by You shall continue.

6.3    PSZ does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. PSZ do not claim ownership of the UGC You submit or make available for inclusion on the PSZ App. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licences set out in Clause 6.1 (a) and (b).

 

7.      DATA PROTECTION & CONFIDENTIALITY

                   In respect of any Personal Data processed by PSZ pursuant to the PSZ Services, PSZ warrants and undertakes that it complies, and will continue to comply with, all applicable Data Protection Legislation, any regulations made thereunder and any guidance notes or guidelines issued by the Information Commissioner; and, shall comply at all times with the terms and conditions of the Pin Seekerz Privacy Policy (and the Pin Seekerz Cookie Policy in respect of the PSZ Site where applicable) which apply in full to Your use of the PSZ App to access the PSZ Services. PSZ Members hereby agree that by releasing any Personal Data (‘PSZ Member Data) on or via the PSZ App, You acknowledge that You are wilfully providing the same and You do so at Your own risk and by doing so, it is understood that You hereby forfeit Your privacy and anonymity to the extent You choose is necessary to utilise the PSZ Services. We advise You to act with caution in all Your dealings and communications with other PSZ Members when imparting Personal Data which You choose to do so at Your own risk. PSZ may release PSZ Member information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

8.      COMPLAINTS

8.1    PSZ tries to meet the highest standards when providing the PSZ Services via the PSZ App. We take any Complaints We receive about this very seriously. We encourage PSZ Members to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way PSZ deals with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to these Terms in accordance with Clause 21.

 

9.      PSZ MEMBER OBLIGATIONS

9.1    You must use Your best endeavours to:

a.     comply with all the Terms of the PSZ Member Licence;

b.    honour Custom Golfing Rules;

c.     honour Pin Seekerz Conduct Rules: and,

d.    conduct all use of the PSZ Services in compliance with the applicable Legislation and Codes.

9.2    A PSZ Member shall not take any action that could reasonably cause any recipient of a PSZ Shared Link confusion as to the PSZ Member’s relationship with PSZ.

 

10.    PSZ OBLIGATIONS

10.1 PSZ agrees to:

a.     provide the PSZ Services with all due care, skill and ability;

b.    devote as much time to the provision of the PSZ Services as may be necessary for their proper performance;

c.     conduct all PSZ Services in accordance with the applicable Legislation and Codes;

d.    provide promptly and give to a PSZ Member all such information as they may reasonably require in connection with the provision of the PSZ Services; and,

e.     provide a response in a timely manner to any requests for technical support (in relation to the use of the PSZ App only).

 

11.    AVAILABILITY AND SECURITY OF THE PSZ APP

11.1 You acknowledge and agree that to improve the PSZ Services made available to You via the PSZ App, PSZ may stop (permanently or temporarily) providing the PSZ Services (or any PSZ App Features within the PSZ Services) to You generally at PSZ’s sole discretion, without prior notice to You.

11.2 PSZ shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.

11.3 Unscheduled emergency maintenance may be required at any time. PSZ agrees however, to use reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required. 

11.4 PSZ does not warrant the validity and accuracy of information on the PSZ App or the PSZ Services or that the PSZ App is kept up-to-date.  The PSZ App and its content and the PSZ Services are delivered on an ‘as-is’ and ‘as-available’ basis. PSZ shall use reasonable endeavours to ensure that any information it holds on You are kept secure. However, due to the nature of the internet, PSZ does not represent or warrant to You that:

a.     Your use of the PSZ App will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the PSZ App or any content, search or link on it;

b.    Your use of the PSZ Services will meet Your requirements;

c.     any information obtained or downloaded by You as a result of Your use of the PSZ Services will be accurate, reliable or free of viruses or contamination or destructive features;

d.    there will not be any defects in the operation or functionality of any software provided to You as part of the PSZ Services; and,

e.     those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.

 

12.    GENERAL PSZ MEMBER LICENCE RESTRICTIONS ON USE

Subject to the following express restrictions, PSZ grants You permission to use the PSZ App to access the PSZ Services. You may view PSZ App pages, download PSZ App pages (for caching purposes only) and print PSZ App pages (excluding PSZ App images) and retain a copy of the same solely for Your own personal, non-commercial use. Except as expressly set out here or as permitted by any local law, You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:

a.     not to copy the PSZ App except where such copying is incidental to normal use of the PSZ App, or where it is necessary for the purpose of back-up or operational security;

b.    not to sell, lease, sub-license, rent, loan, translate, merge, adapt, vary, modify, distribute or otherwise exploit the PSZ App or any PSZ Content for any other purposes without the prior written consent of PSZ or the respective licensors of the PSZ Content;

c.     not to, reverse-engineer or create derivative works based on the whole or any part of the PSZ App or the PSZ Services including but not limited to any PSZ Content, in any medium without PSZ’s prior written authorisation or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the PSZ App with another software program, and provided that the information obtained by You during such activities:

(i)                      is used only for the purpose of achieving inter-operability of the PSZ App with another software program;

(ii)                     is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii)                    is not used to create any software that is substantially similar to the PSZ App.

d.    to include a copyright notice pertaining to PSZ on all entire and partial copies You make on any medium;

e.     not to provide or otherwise make available the PSZ App in whole or in part (including object and source code), in any form to any person without prior written consent from us;

f.     not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

g.    not to alter or modify any part of the PSZ App or any of the PSZ Services or permit the PSZ App or any of the PSZ Services or any part of the same to be combined with, or become incorporated in, any other programs or to be used in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

h.     not to access PSZ Content through any technology or means other than the PSZ App itself or such other means as PSZ may explicitly designate for this purpose;

i.      not to access or attempt to use the login credentials of other PSZ Members or penetrate or attempt to penetrate PSZ’s security measures;

j.      not use the PSZ App or the PSZ Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms herein, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PSZ App or the PSZ Services or any operating system;

k.     not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the PSZ App that (i) prevent or restrict use or copying of PSZ Content; or, (ii) enforce limitations on the use of the PSZ Services or the accessible PSZ Content;

l.      not to use the PSZ App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;

m.   to comply with all technology control or export laws and regulations that apply to the technology used or supported by the PSZ App;

n.     not infringe our Intellectual Property Rights or those of any third party in relation to Your use of the PSZ App or the PSZ Services including the submission of any material (to the extent that such use is not licensed herein);

o.    not use the PSZ App or the PSZ Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other PSZ Members;

p.    not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any PSZ Member of the PSZ App or the PSZ Services, or attempt to decipher any transmissions to or from the servers running any PSZ Service; and,

q.    not attack our PSZ App via a denial-of-service attack or a distributed denial-of service attack.

 

13.    WARRANTIES

13.1 You acknowledge that the PSZ App has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the PSZ App meets Your requirements. We only supply the PSZ App for domestic and private use and You agree not to use the PSZ App for any commercial, business or resale purposes.

13.2 PSZ cannot make any guarantees to You that the Golfing Data and therefore the Golfing Stats of other PSZ Members are accurate in all respects and are not false nor misleading. Consequently, You release PSZ (and our agents and employees) from all Claims and Losses (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the actions, omissions, authenticity, accuracy and truthfulness of PSZ Members including all Golfing Data or other information submitted to or via the PSZ App, all of which are at Your sole risk.

13.3 We make no warranty, and hereby further expressly disclaim any liability to You and You agree that PSZ will not be liable to You in relation to any Claims or Losses arising out of any:

a.     acts or omissions of PSZ Members in connection with, or otherwise related to, Your use of the PSZ App and the PSZ Services;

b.    breach by You of these Terms or breach of warranty by You;

c.     errors or omissions on our PSZ App in relation to any reliance placed by You on any mis-descriptions, misrepresentations, inaccuracy or incompleteness particularly in respect of PSZ Content (whether innocent, negligent or fraudulent);

d.    failure or inability on Your part to use the PSZ Services or any PSZ App functionality at any point in time, or, where the PSZ App is unavailable at any time for any period;

e.     third party links or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;

f.     changes which PSZ may make to the PSZ Services, or for any permanent or temporary cessation in the provision of the PSZ Services (or any PSZ App Features within the PSZ Services);

g.    deletion of, corruption of, or failure to store, any UGC and other communications data including Golfing Data and PSZ Member Stats maintained or transmitted by or through Your use of the PSZ Services;

h.     unauthorised access or loss of Personal Data that is beyond our control.

13.4  As a PSZ Member, You warrant, represent and undertake to PSZ that:

a.     You will keep Your PSZ Member Login details (as applicable), secure and confidential;

b.    You will comply at all times with Your obligations set out at Clause 9;

c.     all information submitted to the PSZ App in respect of Your identity for Your PSZ Membership is true, accurate and complete in all respects; and,

d.    You are solely responsible for any breach of Your obligations under these Terms due to Your act, omission, default or Your failure to comply with any of Your obligations under these Terms and for the consequences of any such breach or failure.

13.5  Subject to Clause 13.6, We shall in no circumstances be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise for any and all Losses suffered by You or Claims asserted against You including consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the PSZ App to access the PSZ Services.

13.6 Nothing in these Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:

a.     fraudulent misrepresentations;

b.    any liability where the law does not permit such exclusion of liability; and,

c.     death or personal injury arising from negligence.

13.7 Subject to Clause 13.6 and except as expressly set out in these Terms, PSZ gives no warranties and excludes all other express or implied terms, conditions and warranties.

 

14.    PSZ CONTENT & INTELLECTUAL PROPERTY RIGHTS

14.1 With the exception of UGC submitted to the PSZ App by You, all other content and the selection and arrangement of such content on the PSZ App constitutes ‘PSZ Content’ and comprises Intellectual Property Rights. Such Intellectual Property Rights in the PSZ App and the associated technology anywhere in the world is either owned by, or licensed to, PSZ and is further licensed (not sold) to You hereunder by PSZ. You acknowledge that You have no rights in, or to, the PSZ App or the associated technology other than the right to use each of them in accordance with these Terms.

14.2 Such PSZ Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on PSZ Content not uploaded or posted by You are trade or service marks of their respective owners. Such PSZ Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of PSZ or, where applicable, the licensors of PSZ. PSZ and/ or its licensors reserve all rights not expressly granted in and to their PSZ Content.

 

15.    PSZ REFERRAL PROGRAM

15.1 As a PSZ Member, by referring Your friends or family members (‘Invitee’) to request a purchase of a premium paid-for version of the PSZ App, You may participate in the PSZ Referral Program which is an incentivised loyalty program that We offer to our PSZ Members. If You choose to participate in the PSZ Referral Program (which We may withdraw, amend or suspend (in whole or in part) at any time), for each person that You refer to PSZ for which a Qualifying Referral is completed, You and the Invitee will both receive a reward (‘PSZ Referral Reward’). When making a referral, You must comply with these Terms or Your right as a PSZ Member to make a referral will be revoked by PSZ.

15.2 WHAT IS A “QUALIFYING REFERRAL”? In order to receive a PSZ Referral Reward, each of the following requirements must be met:

a.     You must log in to Your PSZ Member Account on the PSZ App and select the function to invite Your friend or family member made available to You by PSZ;

b.    You must share the link provided with friends using the tools provided to You on the PSZ App (‘PSZ URL’) where applicable;

c.     the Invitee who clicks on the PSZ URL provided to them must log in using their login credentials of a SM Site and create a PSZ Member Account; and then,

d.    the Invitee must download the free version of the PSZ App and progress onwards to complete the relevant subscription payment to download the premium paid-for version of the PSZ App which has been duly fulfilled and notsubsequently cancelled.

15.3 PSZ does not charge PSZ Members a fee to use the referral services.

15.4 It is a condition of the PSZ Referral Program that You will circulate or share the PSZ URL to Your personal friends and family ONLY. You agree not to publish or distribute the PSZ URL, or cause the PSZ URL to be published or distributed, on or via methods, platforms and media where You have no reasonable basis for believing that all or most of the readers or recipients are Your personal friends or family members.

15.5 Fulfilment of a Qualifying Referral and the PSZ Referral Reward You and Your Invitee shall receive will be reflected in the manner described in the relevant referral promotion live at the relevant time (‘Relevant Referral Promotion’). If a timeframe is not prescribed, it shall be within a commercially reasonable amount of time after the Qualifying Referral has been completed.

15.6 PSZ Referral Rewards can be accrued solely by You and You may not earn PSZ Referral Rewards by permitting another individual to use Your PSZ Member Account.

15.7 You may not obtain any cash or money in exchange for PSZ Referral Rewards. Except as explicitly provided in respect of the terms of a Relevant Referral Promotion, PSZ Referral Rewards are non-transferable.

15.8 PSZ may suspend or terminate the PSZ Referral Program or Your participation in the PSZ Referral Program at any time for any reason.

15.9 You must comply at all times with the law and with any and all relevant and applicable Legislation and Codes.

15.10  All newly registered PSZ Member Accounts resulting from a breach of this Clause 15 will be disregarded for determining eligibility for Qualifying Referrals and are not eligible for PSZ Referral Rewards.

 

16.    DISPUTES & COMMUNICATIONS BETWEEN US

16.1 If You have a Dispute with another PSZ Member, We are sorry but We cannot be involved in mediating, judging or in any way getting involved in, or concerned with such Disputes under any circumstances. We encourage all PSZ Members to resolve their own Disputes in a fair, timely and honest manner.

16.2 If You wish to contact us in writing, or if any Term herein requires You to give us notice in writing, You can send this to us by post to PIN SEEKERZ LIMITED, Suite 315, 19-21 Crawford Street, London, United Kingdom, W1H 1PJ or by email at info@pinseekerz.com. We will confirm receipt of this by contacting You in writing, normally by email. If We have to contact You or give You notice in writing, We will do so by Electronic Mail or by post to the address You provided to us in your request for the PSZ App.

 

17.    TERMINATION

17.1 We (or the relevant App Store on our behalf) may in accordance with these Terms (and the App Store Terms as applicable) at our or its discretion:

a.     terminate the PSZ Member Licence immediately if You breach any of the Terms in the PSZ Member Licence (including the PSZ App Licensed Rights and the Pin Seekerz Conduct Rules);

b.    remotely access the Devices and remove the PSZ App from all of them and cease providing You with access to the PSZ Services.

17.2 On termination for any reason:

c.     all PSZ App Licensed Rights granted to You shall cease;

d.    You must immediately delete or remove the PSZ App from all Devices, and immediately destroy all copies of the PSZ App then in Your possession, custody or control and certify to us that You have done so upon request.

 

18.    ENTIRE TERMS

These Terms incorporate our Pin Seekerz Privacy Policy (and the Pin Seekerz Cookie Policy and the Website Terms of Use in respect of the PSZ Site where applicable) (and the relevant App Store Terms therein) and any Additional Terms (competitions or contests) which together constitute the entire agreement between You and PSZ in relation to Your use of the PSZ App to access the PSZ Services and supersedes any prior representations, inducements or agreements relating to its subject matter.

19.    ASSIGNMENT

These Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations. PSZ reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as PSZ or other third party.

20.    GENERAL

             20.1 These Terms govern the relationship between PSZ and You. They do not create any third party beneficiary rights.

20.2 If You do not comply with these Terms and We do not take action immediately, this doesn’t mean that We are giving up any rights that We may have (such as taking action in the future).

20.3 If it turns out that a particular term is not enforceable, this will not affect any other terms.

21.    LAW AND JURISDICTION

All of these Terms are governed by English Law and any disputes arising in relation to these Terms and/or the PSZ App are subject to the exclusive jurisdiction of the English Courts.

22.    DEFINITIONS

In these Terms (except where the context otherwise requires) the following words shall have the following meanings:

 

Additional Terms: refers to the additional terms, conditions or policies that may apply to any of the PSZ Services as between PSZ and a PSZ Member from time to time as part of the PSZ Member Licence e.g. a prize draw/ competition.

App Store: refers to the service provider facilitating the download and purchase of the PSZ App such as Google Play and Apple iTunes.

Additional Terms: refers to other terms that may apply from time to time when the PSZ Services provide for additional services

Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.

Codes: refers to all codes governing standards (including for these purposes ancillary guidance notes and advice) published by regulatory authorities or other industry professional bodies.

Complaint: means any dissatisfaction expressed by, or any complaint made by, a PSZ Member as against PSZ in connection with the provision of the PSZ App and the PSZ Services.

Custom Golfing Rules: refers to the original rules and etiquette applicable to the game of golf which players are expected to be reasonably familiar with by virtue of custom and practice including but not limited to scoring.

Data Protection Legislation: means all applicable data protection laws, regulations, legislative and regulatory requirements and codes of practice.

Device: refers to Your handheld mobile device.

Device Requirements: refers to the minimum specifications required for Your Device to install and use all PSZ App Features of the PSZ App.

Electronic Mail: includes email, text, video, voicemail, picture and answerphone messages as per the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Golfing Data: refers to UGC that a PSZ Member will typically input in to the PSZ App which shall include but shall not be limited to:

a.     the golf course PSZ Member is playing on;

b.    who is playing with that PSZ Member;

c.     PSZ Member’s gross score;

d.    confirmation of whether PSZ Member hit the fairway (yes or no);

e.     confirmation of whether PSZ Member hit the green in regulation (GIR) (yes or no);

f.     the number of putts PSZ Member took; and,

g.    information of who is going to verify the accuracy of their scores.

Intellectual Property Rights: refers to all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights, software rights and all rights in the nature of unfair competition rights or rights to sue for passing off.

Invitee: as referred to in Clause 15.1.

Legislation: includes all applicable laws, Acts of Parliament (including the Acts) and Treaties as well as Data Protection Legislation and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law in relation to the content and broadcast of Campaigns including references to any amendment, modification, consolidation or re-enactment for the time being in force.

Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

Mobile Network Provider: refers to the third party mobile telecoms provider with whom You have a mobile contract with to access the internet.

Personal Data: means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the data controller.

Pin Seekerz App User Licence: refers to these Terms as part of the PSZ Member Licence as between PSZ and a PSZ Member which are accepted by PSZ Member upon Sign-Up to the PSZ App and are located in full on the PSZ Site.

Pin Seekerz Privacy Policy: refers to the privacy terms as part of the PSZ Member Licence as between PSZ and a PSZ Member which are accepted by PSZ Member upon Sign-Up to the PSZ App and are located in full on the PSZ Site.

Pin Seekerz Conduct Rules: refers to the rules of play asserted by PSZ with special emphasis on the terms relating to score verification which can be found here.

PSZ Alerts: refers to the SMS or email alerts that We may send to You.

PSZ App: refers to the PSZ's mobile software application currently called ‘Pin Seekerz’ provided by PSZ in object form for download and installation by a PSZ Member from the relevant App Stores as advertised at www.pinseekerz.com on to a Device (as may be updated and modified) including all databases, software, infrastructure and products that PSZ markets for use by individual PSZ Members in respect of the PSZ App including all PSZ Services. The PSZ App includes all future versions and replacements of, and successors to, the PSZ App.

PSZ App Features: as referred to in Clause 5.1.

PSZ App Licensed Rights: as set out at Clause 4.1.

PSZ Content: refers to proprietary content of PSZ or PSZ’s licensors including PSZ App Features.

PSZ Member: refers to the person who has undergone Sign-Up and who has registered on the PSZ App.

PSZ Member Account: refers to the account accessible by a PSZ Member upon successful Sign-Up.

PSZ Member Data: refers to the Personal Data of PSZ Members.

PSZ Member Profile: refers to the profile of a PSZ Member found on the PSZ App.

PSZ Member Charges: refers to the monies payable by a PSZ Member for a premium version of the PSZ App by way of subscription where applicable.

PSZ Member Licence: refers to:

a.    the Pin Seekerz App User Licence;

b.    the Pin Seekerz Privacy Policy;

c.    the Pin Seekerz Cookie Policy and the Website Terms of Use (where applicable); and,

d.    any Additional Terms as applicable as between PSZ and a PSZ Member.

PSZ Member Login: refers to a PSZ Member’s private username and password applicable to the relevant SM Site to gain access to the PSZ Services.

PSZ Membership: refers to Your membership to the PSZ community once You have undergone Sign-Up.

PSZ Member Stats: refers to the points and stats worked out by the technical capabilities of the PSZ App based on the Golfing Data input by a PSZ Member.

PSZ Referral Program: refers to the incentivised loyalty program that We offer to our PSZ Members.

PSZ Referral Reward: refers to the reward that represents the incentive offered by the PSZ Referral Program.

PSZ Services: the gamifying golfing functions by way of the PSZ App Features made available to a PSZ Member by way of the PSZ App.

PSZ Shared Link: refers to a unique link which can be shared socially by a PSZ Member with third parties around the World Wide Web.

PZS Site: means a website owned and operated by PSZ including www.pinseekerz.com.

Qualifying Referral: as referred to in Clause 15.2.

Relevant Referral Promotion: as referred to in Clause 15.5.

Sign-Up: as referred to in Clause 3.1.

SM Connect Platform: refers to the software platform application of an SM Site that permits a PSZ Member to authenticate via a third party SM Site.

SM Platform Application: the API pertaining to various SM Sites enabling PSZ to offer PSZ Members a unique SM Connect Platform to interface with an SM Site originated API on the PSZ App.

SM Site(s): one or more of Facebook, Twitter, Google+ and any other social media website included by PSZ from time to time.

User Generated Content or UGC: means content provided/ generated by a PSZ Member when accessing and using the PSZ Services e.g. Golfing Data and Personal Data which are uploaded, embedded or otherwise displayed and/ or stored on the PSZ App by a PSZ Member for any purpose which may include but are not limited to, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the PSZ App for use by PSZ and a PSZ Member as applicable. Such shall include a PSZ Member Profile.