Mygolfstat BV Terms of Use

The private company Mygolfstat BV is registered with the Dutch Chamber of Commerce under number 74568426 and is established at Madurastraat 70 2 (1094 GR) in Amsterdam.

Article 1 Definitions

In these terms of use, the following terms are used with the meaning given below, unless explicitly indicated otherwise:
Mygolfstat: The operator of the Application.
Service: Mygolfstat provides users with the Application to facilitate online and offline coaching in the area of golf.
Golfer: The natural person who uses the Application by means of a free or paid account.
Golf pro: The natural person who uses the Application through a free account and has access to functionalities different than those of a Golfer.
User: The natural person who can act in the exercise of a profession or business and visits and/or uses the Application via the Application as a Golfer or Golf pro.
Application: An online golf platform in which users and professionals are connected.
Account: The user must create an account for the Mygolfstat Application.
Paid Account: the alternative version of the Application for the Golfer for the purpose of unlimited entry of golf rounds as well as unlimited number of 'instruction' videos and/or exercises.
Online coaching: A user can use exercises, videos, swing analyses and training programmes and can participate in individual and group lessons via a third party.
Website: The website Mygolfstat uses is www.mygolfstat.com.

Article 2 Applicability

These terms of use apply to every Offer from Mygolfstat and every Agreement between Mygolfstat and the Professional, as well as to every use of the Application by a User.
Before a User can use the Application, the User will be provided with these terms. The User must accept these terms before being able to use the Application.
If one or more provisions of these terms of use are partially or wholly invalid or are voided, the other provisions of these terms of use will remain in force, and the invalid/voided provision(s) will be replaced by a provision with the same scope as the original provision. Ambiguities about the content, explanation or situations that are not regulated in these terms of use must be assessed and explained in the spirit of these terms of use.
By downloading the Application or by using the Application, you agree that Mygolfstat communicates about the (paid) services by means of communications (including electronic communications), and that certain information is transmitted directly from your device and that the use of the application is automatically reported to Mygolfstat. If and insofar as there is marketing communication, you must give your explicit consent.
Each User receives a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable (usage) licence.
If and insofar as the Application is downloaded from third parties by means of an app store, the User acknowledges and agrees that:
- The terms of use are an agreement with Mygolfstat and not with the app provider concerned. Mygolfstat bears the full responsibility for the Application.
- The app provider is in no way involved or responsible for handling claims that the User has in connection with the use of the Application. The app provider is also not obliged to perform maintenance on services in connection with the Application.
- The User must comply with all terms set by Mygolfstat.
A User may use the Application if the User is at least 18 years old. If the User is between 8 and 18 years old, the User must have the express consent of a parent and/or legal representative. Persons younger than this age may not use the Service or use the Services in any other way to share personal data.

Article 3 Access to the Application

Mygolfstat offers only and solely the use of the Application. Mygolfstat never has any responsibility for and/or influence on the execution of the exercises by the User.
Mygolfstat strives to make the Application available to the User. All services are performed on the basis of an effort obligation.
The User will ensure that all information that Mygolfstat indicates is necessary, or which the User should reasonably understand to be necessary for the access and/or use of the Application, is provided to Mygolfstat in a timely manner.
Mygolfstat is not liable for damage, of any nature whatsoever, caused because Mygolfstat has relied on incorrect and/or incomplete information provided by the User, unless Mygolfstat was aware of this incorrectness or incompleteness.
The Application may include content posted by Users of the Application. Mygolfstat only provides a hosting service with regard to this content and is never liable for the content. The User who uploaded the content is responsible for the content. If the content is contrary to laws or regulations or these terms of use, anyone may make a report via [email address].

Article 4 Use of the Application

The User has access to the Application after the User has installed the Application and/or created a (free or paid) account.
If the User suspects that the data provided by the User is incorrect or incomplete, the User will immediately inform Mygolfstat and will provide the correct information. The User shall provide suitable equipment to be able to use the Application. The User must keep his or her own data up to date and can modify that data in the User's own account to achieve this.
The User is obliged to respect all technical safeguards and other features of the Mygolfstat Application, as well as the intellectual property rights attached thereto.
The User has an independent responsibility for the use of the Application. The User is always obliged to comply with the following regulations during the use of the Application. The User must refrain from:
- Publishing and distributing data via the Mygolfstat Application, in violation of Dutch laws and regulations, which in any case includes: data without the permission of the copyright owner, defamatory information, or information that offends, discriminates, threatens, is racist in nature, incites hatred, and information that contains child or otherwise criminal pornography. Publishing information that violates the privacy of third parties (also stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (which refers to such information on third-party websites), loans, lotteries and/or gambling, drugs as well as any other content that can harm the internet or e-mail traffic of third parties.
- The start-up and/or download, whether or not via the Application itself, of processes or programs of which the User knows, should know or can reasonably suspect that this will hinder Mygolfstat or third parties or cause damage.
In the event of (possible) criminal acts, Mygolfstat is entitled to report this and to hand over the information provided by the User to the competent authorities, as well as to carry out all actions that are requested of it in the context of the investigation.
Mygolfstat has the right to deny the User access to the Application and/or to terminate the use of the Application in the event of abuse as referred to in the previous paragraph and/or possible criminal offences. 7. Mygolfstat is not liable for damage caused by complications in connection with the availability or operation of Application(s) of third parties, as well as the damage that is the result of use of Application in violation of the terms of use or other purposes than those for which the Application is intended.

Uploading content by the User

If a User uploads content in any form, the following conditions apply. The basic principle here is that any User is prohibited from uploading content that infringes the rights of third parties and for which the User does not have a demonstrable (usage) licence.
If Mygolfstat is sued by third parties for a violation of rights due to the posting of content, Mygolfstat is entitled to fully recover all damages it has suffered from the User who posted the content.

Notice and takedown

If and insofar as there is a violation of rights of Mygolfstat or third parties and/or unlawful action by the User, Mygolfstat is entitled to immediately shut down that part of the Application or to exclude the User from use. Mygolfstat will immediately remove any infringing/harmful information. As a result, it may happen that the User cannot use the Mygolfstat service or cannot use it in full.

Under no circumstances is Mygolfstat liable for the damage suffered of any kind, as a result of the (temporary) shutdown of the service and/or the deletion or transfer of data.

Article 5 Obligations when using the Application

The User indemnifies Mygolfstat from the moment the User first uses the Application for all damage as a result of situations referred to in Article 4. Mygolfstat is not liable for any damage that the User suffers as a result of its actions in violation of the above.
The User is always responsible for complying with the obligations imposed by Mygolfstat on the User.
The User must refrain from inflicting any damage or performing any actions that he or she can reasonably suspect will inflict damage on other users of the Application or the servers (of Mygolfstat). If the User sends any form of spam and/or other information that is not permitted and has (already) been warned of this and/or has been temporarily or permanently suspended, Mygolfstat has the right to permanently deny the User access, without any compensation for damage.
In addition to the obligations under the law, damage caused by inexperience or failure to act in accordance with the above points is at the expense and risk of the User.
The User is responsible for the correct security of the (mobile) device on which he or she uses the Application, as well as for the security and confidentiality of his or her own login data.
The User is expressly prohibited from infringing the intellectual property rights of Mygolfstat, as well as the good name of Mygolfstat.
The User is always responsible for all data and information that he or she places or has placed on the Application. Mygolfstat is not liable for the loss and/or mutilation of the User's content. The User expressly consents to Mygolfstat sharing his or her data with third parties if and insofar as this is necessary for the effective execution of the agreement between the User and a third party.

Article 6 Availability of Application

Mygolfstat strives to make every effort to offer the Application and access to the Application to the User without interruption as far as possible but does not guarantee the complete availability of the Application at all times. If and insofar as there exists a danger to the error-free functioning of the Application, in the judgement of Mygolfstat, Mygolfstat is entitled to suspend the use of the Application. Mygolfstat is also entitled to take all measures that it deems reasonably necessary to ensure the effective functioning of the Application.
Mygolfstat is free to perform maintenance on the Application and to take it out of use as a result. Under no circumstances is Mygolfstat liable for the unavailability of the Application, but Mygolfstat will fully and in accordance with industry standards commit to making the Application available without restrictions and/or interruptions.

Article 7 Mediation

The User with a Paid Account can also enter into an agreement with another User. Mygolfstat is expressly not involved in the content and/or implementation of this agreement. Payment of Users among themselves takes place outside Mygolfstat. Mygolfstat is only involved by way of mediation in order to realize an Agreement between Users, namely a Golfer and a Golf pro.
If a User enters into an Agreement with or via Mygolfstat, the User is obliged to pay the fee owed at the time the agreement is concluded. The User can make the payment using the online payment system on Mygolfstat, unless explicitly agreed otherwise. If the payment is received for the benefit of a third party, Mygolfstat is authorized by this third party to receive the (online) payment from the User on behalf of the third party.
The prices shown in the Offer from Mygolfstat or a third party have been drawn up and determined by Mygolfstat or the relevant Third Party. Mygolfstat has no influence on the prices set by a third party.
Payment reversal is possible. When purchasing a service, the User will be informed of the conditions set by Mygolfstat.

5. If and insofar as an Agreement between a Golf pro and a Golfer is concluded via the Application, the Golf pro will owe Mygolfstat a commission on this, unless explicitly agreed otherwise. The exact commission percentage is determined as soon as a Golf pro creates an account.

Article 8 Paid services

If and insofar as a Golfer upgrades or updates his or her current Account to a Paid Account or creates a new Paid Account in order to be able to use the alternative version of the Application as a Golfer, the Agreement will be converted to a paid service in accordance with the following payment terms and collection policy.
Paid services and collections are entered into for an indefinite period and can be automatically extended until the User, being a Golfer, stops them by deleting his or her account. A paid subscription may be discontinued at any time by deleting the Account in the manner indicated in the Application.
The Paid Account allows the Golfer to use the alternative version for the purpose of unlimited entry of golf rounds as well as an unlimited number of 'instruction’ videos and/or exercises.
When creating a Paid Account, the User is obliged to provide all information requested by Mygolfstat insofar as effective implementation of the Agreement so requires. The User is always responsible for the correct, timely and complete delivery of the relevant information, as well as for the timely updating thereof.
Cancellation of a Paid Account is possible at any time and without stating a reason. Even so, the User is never entitled to a refund of monies already paid upon termination or cancellation of a Paid Account. The User is fully responsible for the timely termination.

Payment conditions

By creating a Paid Account, the User agrees to Mygolfstat's additional payment conditions and collection policy. After creating a Paid Account, the User is entitled to withdraw for 14 days, unless the User is a natural or legal person in the exercise of a profession or business. When purchasing a Paid Account, if and insofar as the User makes use of a lesson or event via the Application within the aforementioned period, the User also agrees to the expiry of any right of withdrawal.
All prices as stated on the website are inclusive of VAT. The fees for a Paid Account will be charged annually by means of direct debit. Unless otherwise indicated, payment must be made prior to the new year in the manner indicated by Mygolfstat within the payment period set by Mygolfstat.
If the User does not meet the payment obligation and has not fulfilled the obligation within the payment period set by Mygolfstat, the User will automatically be in default. If the User does not meet the payment obligation and has not fulfilled the obligation within the payment period set by Mygolfstat, the User that is a Company will be in default. The User that is a Consumer will first receive a written reminder with a period of 14 days after the date of receipt of the reminder to still meet the payment obligation, before falling into default. The aforementioned reminder also contains a statement of the extrajudicial costs and further consequences of the occurrence of the default if the User still fails to fulfil the obligation(s) within 14 days.
From the date that the User is in default, Mygolfstat will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and to reimbursement of the extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code according to the graduated scale from the decision on compensation for extrajudicial collection costs of July 1, 2012.
If Mygolfstat has incurred additional or higher costs than are reasonably necessary, these costs are eligible for reimbursement. The whole of the judicial and execution costs incurred are also borne by the User.
Mygolfstat is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as these are expressly stipulated in the Agreement.

Obligations for Paid services

If a Golf pro sells online 'coaching’ services by means of the Application, all resulting consequences are entirely at the expense and risk of the Golf pro. Mygolfstat is explicitly excluded from any liability with regard to the lesson or event organized by the Golf pro, except for intent or gross negligence on the part of Mygolfstat.
The aforementioned provision regarding the responsibility of the Golf pro means that in the event of illness and/or absence, a Golf pro is obliged to ensure timely and adequate replacement for a lesson or event. All this applies except in cases of force majeure.

Article 9 Limitation of liability

Mygolfstat only offers a service (Application) that can be used by the User.
Mygolfstat is not liable for accidents, material damage and/or physical injury caused by injuries due to following the exercises of the video(s). Any participation of the User is at the User's own risk and responsibility.
Mygolfstat is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information in the Application, videos or linked websites. Mygolfstat strives to keep (the information in) the Application up to date as much as possible and cannot be held liable for the unavailability of the Application.
The liability with regard to paid services is always limited to the value of the service in question, unless the damage is the result of intent or gross negligence on the part of Mygolfstat. The liability is further limited to the maximum amount of damages paid by the insurance company per event per year.
The services offered by Mygolfstat can in no way be regarded as medical advice and/or the replacement of an actual physical training.
Mygolfstat is not responsible for errors and/or irregularities in the functionality of the Application and is not liable for malfunctions or the Application being unavailable for any reason.
Mygolfstat does not guarantee the correct and complete transfer of the content of email sent by/on behalf of Mygolfstat, nor for the timely receipt thereof.
Mygolfstat is not liable for the fact that the User did not receive the account information, did not receive it correctly and/or did not receive it in a timely manner. Mygolfstat is never liable if the User has not kept his or her login and/or account details in a secure place.
All claims of the User for shortcomings on the part of Mygolfstat will lapse if they have not been reported to Mygolfstat in writing and with reasons within one year. Any claim for damage compensation against Mygolfstat must always be reported in writing, but no later than one year after the User was aware or could reasonably have been aware of the facts on which the claims are based. After this period, such a claim will lapse.

Article 10 Force majeure

Mygolfstat is not liable if, due to a force majeure situation, it cannot meet its obligations under the agreement, nor can it be held to fulfil any obligation if it is prevented from doing so due to a circumstance that is not attributable to its own fault and for which it is not responsible under the law, a legal action or generally accepted views.
Force majeure is in any case understood to include, but is not limited to what is understood in such a context by law and jurisprudence, (i) failure of suppliers or sub-suppliers to properly fulfil obligations, (ii) defects in items, equipment, software or materials from third parties, (iii) governmental measures, (iv) power outages, (v) disruption of the Internet, data network or telecommunication facilities (for example due to: cybercrime and hacking), (vi) natural disasters, (vii) war and terrorist attacks, (viii) general transport problems, (ix) work strikes within the company of Mygolfstat and (x) other situations that in the opinion of Mygolfstat fall outside its sphere of influence and which temporarily or permanently impede the fulfilment of its obligations.
Mygolfstat also has the right to invoke force majeure if the circumstance that hinders (further) fulfilment of the agreement occurs after Mygolfstat should have fulfilled the commitment.

Article 11 Suspension

Mygolfstat is authorized to suspend the use of the Application if the User does not or does not fully comply with his or her obligations for the use of the Application. Mygolfstat is authorized to deny access to the Application to the User if the User acts in violation of these terms of use.
Mygolfstat shall furthermore be authorized to terminate the use of the Application (or to have the Application terminated) without prior notice of default if circumstances arise of such a nature that the offering of the Application to the User becomes impossible or can no longer be expected in accordance with the standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered offering of the Application can no longer be reasonably expected.
Mygolfstat always reserves the right to claim any damage compensation from the User in the cases referred to in Article 4 of this Agreement when Mygolfstat has suffered damage as a result.

Article 12 Transfer of risk

Mygolfstat is not responsible for the (possible) loss, damage or mutilation of (digital) data that the User places or has placed on the Application. The User is responsible for his or her data.

Article 13 Privacy, data processing and security

Mygolfstat handles the (personal) data of the User with care.
Processing of personal data will only take place in the context of the implementation of Mygolfstat's services. Mygolfstat will not process the personal data for any other purpose and will never retain them longer than necessary.
If, pursuant to the nature of the offered Application, Mygolfstat is to provide for the security of information, this security will meet the agreed specifications and will be a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable. Mygolfstat cannot guarantee that unauthorized third parties will never be able to breach the security measures taken by Mygolfstat.

Article 14 Intellectual property rights

All intellectual property rights and copyrights within and on the services of Mygolfstat and the Application, including the graphic designs, ideas and the like with regard to the Application rest exclusively with Mygolfstat and are expressly not transferred to the User.
The User is prohibited from sharing, disclosing and/or duplicating, changing in the broadest sense of the word or in any way making available to third parties information that Mygolfstat has shared in the context of the implementation of the Application without the explicit prior written permission of Mygolfstat.
The User is not permitted to remove or change any indication of any copyright, trademark, trade name or other intellectual property right from the materials, including indications regarding the confidentiality and secrecy of materials.
Each User retains ownership, responsibility and/or other applicable rights to content created by the User.

Article 15 Complaints

If the User is not satisfied with the services offered via the Application of Mygolfstat or has any other complaints about the Agreement, the User is obliged to report these complaints as soon as possible, but no later than 14 days after the relevant reason for the complaint. Complaints may be reported via info@mygolfstat.com with the subject “Complaint”.
If the User thinks that his or her account has been hacked or compromised, the User should contact Mygolfstat immediately.
The complaint must be sufficiently substantiated and/or explained by the User for Mygolfstat to be able to handle the complaint and declare it to be well-founded.
Mygolfstat will respond to the complaint as quickly as possible but no later than within 14 days after receiving the complaint.
The parties will try to reach a joint solution.

Article 16 Applicable law

All Agreements between Mygolfstat and the User are governed by Dutch law.
Mygolfstat has the right to adjust these terms of use unilaterally. The User will be informed of this as soon as possible. In any case, the User can view the amended terms of use via the Application. If the User does not agree to an amended version, the User will no longer have access to the Application and the use of the services will be immediately discontinued, at least as of the date of entry into force of the amended terms of use.

All disputes arising from or as a result of the Agreement between Mygolfstat and the User will be settled by the competent Amsterdam Court, unless provisions of mandatory law lead to the jurisdiction of another court.