The OWLY GOLF web sites, mobiles applications and related services are called « Services » in the following terms.

The use of OWLY GOLF’s services is subject to the terms and conditions outlined below. In order to sign-up, you need to accept them. We encourage you to read them carefully.

1. DATA POLICY AND PRIVACY

1.1 Your privacy is very important to us. We follow and comply with the 2016/679 EU Regulation (GDPR). The General Data Protection Regulation is a regulation on data protection and privacy for individuals.

1.2 Please refer to our Privacy Notice for further information on the personal data we collect, our use hereof and your rights.

2. COOKIES

2.1 We use cookies to improve your user experience. Please refer to our Cookies Policy for further information on the cookies used by OWLY GOLF.

3. SAFETY

3.1 We do our best to keep your OWLY GOLF account safe. However, we need your help to keep your OWLY GOLF account safe, which includes the following commitments by you:

• You will not upload viruses or other malicious code.

• You will not solicit login information or access a OWLY GOLF account belonging to someone else.

• You will not use your OWLY GOLF account to do anything unlawful, misleading, malicious, or discriminatory.

• You will not facilitate or encourage any violations of these terms and conditions.

4. REGISTRATION AND ACCOUNT SECURITY

4.1 Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information, or create a OWLY GOLF account for anyone other than yourself without permission.

• You will keep your contact information accurate and up-to-date.

• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

• You will not transfer your account to anyone.

5. PROTECTING OTHER PEOPLE’S RIGHTS

5.1 We respect other people’s rights, and expect you to do the same.

• If you collect data from other players, you will: obtain their consent, make it clear you (and not OWLY GOLF) are the one collecting their information, and provide them with a privacy notice explaining what information you collect and how you will use it.

• You will not take any action in connection with your use of your OWLY GOLF account that infringes or violates someone else’s rights or otherwise violates the law.

• Except for the standard materials provided through the OWLY GOLF Media Kit, you will not use OWLY GOLF’s copyrights or trademarks or any confusingly similar marks without our prior written permission.

• You will not send email invitations to non-users without their consent.

6. SPECIAL PROVISIONS APPLICABLE TO SOFTWARE

6.1 If you download and use our  app, you agree that from time to time, the software may download and install upgrades, updates (including license change) and additional features from us in order to improve, enhance, and further develop the software.

6.2 You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

7. PROMOTIONAL E-MAILS

7.1 If you consent to this specifically, we may send you promotional material via e-mails as well as messages sent to your personal message board at your OWLY GOLF account with golf related offers and information. The offers may be personalized, aimed at your specific player profile.

7.2 You can always withdraw your consent through a link in any OWLY GOLF communication.

8. USE OF OWLY GOLF ACCOUNT

8.1 Each account is for the exclusive use of the named member. You are solely responsible for maintaining the confidentiality of your password, and for restricting access to your account.

8.2 Only registered users have access to OWLY GOLF accounts. Users are not allowed to link to any pages of the website that are protected by password or in any other way to give third parties access to this part of the website or the information on the pages.

8.3 Any unauthorized use or abuse by you may imply that your user profile and access to your OWLY GOLF account may be terminated (for exemple, we will limit the number of gameplans set in the app to a level which can be effectively played by a single individual golf player within a month period). OWLY GOLF reserves the right to terminate accounts or remove or edit content, in our sole discretion. If we terminate your account, you will not create another one without our permission.

8.4 Although OWLY GOLF attempts to ensure that all information contained on our website is correct and complete, we accept no liability for errors or omissions, and we reserve the right to change or alter content at any time.

8.5 OWLY GOLF reserves the right to make changes to the App, website and these terms and conditions at any time without notice. We recommend that you check these terms and conditions regularly. If you choose to continue to use the website, you agree that by doing so you accept the new terms and conditions.

8.6 OWLY GOLF holds full copyright, title and any other right, including design and trademark rights, to OWLY GOLF App and the website owlygolf.com and other websites owned by OWLY GOLF including any updates and modifications thereto.

8.7 You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize OWLY GOLF to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

8.8 By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

9. INDEMNIFICATION

9.1 If anyone brings a claim against us related to your actions, content or information on your OWLY GOLF account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

9.2 Although we provide rules for user conduct in these terms and conditions, we do not control or direct users’ actions on their OWLY GOLF account and are not responsible for the content or information users transmit or share via their OWLY GOLF accounts.

10. LIMITATION OF LIABILITY

10.1 We will use reasonable skill and care in providing the OWLY GOLF account to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that your OWLY GOLF account will always function without disruptions, delays or imperfections.

10.2 OWLY GOLF’s liability cannot exceed the amount you have paid us in the last 12 months.

10.3 OWLY GOLF is liable for direct losses only and shall in no event be liable for any consequential loss, loss of profits, loss of data or any other indirect losses.

11. OTHER

11.1 These terms and conditions make up the entire agreement between the parties regarding use of your OWLY GOLF account, and supersede any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

11.2 If we fail to enforce any of our rights under these terms and conditions, it will not be considered a waiver.

11.3 You will not transfer any of your rights or obligations under these terms and conditions to anyone else without our consent.

11.4 All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

11.5 Nothing in these terms and conditions shall prevent us from complying with the law.

11.6 These terms and conditions do not confer any third party beneficiary rights.

11.7 You will comply with all applicable laws when using or accessing your OWLY GOLF account.

12. DISPUTE RESOLUTION

12.1 French law shall govern this agreement. Any dispute that might arise will be subject to the exclusive jurisdiction of the Commercial Court of Paris, even in the case of the introduction of third parties, interlocutory application or multiple defendants. Notwithstanding the just said, OWLY GOLF is entitled to bring any such disputes before courts of law within the user’s jurisdiction, including for the purposes of enforcing its rights under the agreement.

12.2 If any portion of these terms and conditions is deemed void or unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

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Stay updated on these terms and conditions and any changes thereto, which are made available on this site.

Dernière mise à jour: 22/09/2023