Terms of use
Please read these Terms of Use (“Terms”) carefully – by accessing or making any use of
services (including websites, apps) provided by Golf Apps LTD, you are agreeing to them.
You also agree to our Privacy Policy, which sets out how we deal with SwingPlane users’
personal information and privacy, and can be viewed below these terms.
1. Introduction
These Terms set out your rights and obligations, and those of Golf Apps Limited (“we” or
“us”), in relation to www.iGolfApps.com, including any subdomains (the “Site”), “Golf
SwingPlane” or “Golf SwingPlane HD” that you access (the “App(s)”) and any goods or
services available through, and material of any kind accessible or relating to, the Site, the
App or us (the “Services”). When we refer to “SwingPlane” in these Terms, we mean us,
the Site, the App and/or the Services, according to the context.
You must take the time to read and understand these Terms before using SwingPlane. By
registering with SwingPlane, you accept that you are entering into a contract with us under
these Terms. People who register for SwingPlane establish an “Account”, and become
“Users”. Visitors to SwingPlane who do not become Users, but who nevertheless use the
Site and/or download the App, affirm that they are bound by these Terms each time they
access SwingPlane. You should be aware that these Terms may change from time to time
in accordance with Clause 20 below.
2. Obtaining an Account
If we ask you to provide some information about yourself when you register for
SwingPlane, you must ensure that this information is accurate and current. You may keep
this information updated through your Account.
Note that we are entitled to treat anything done through a User’s Account, or by means of
an email address, phone number or other communications method associated with that
Account, as having been done by the User; it is up to the User to maintain the security of
his/her Account.
When you place an order for a Product, you will need to supply us with details of a
payment method, such as a credit or debit card, which we accept at the time of your order
(your “Payment Method”) and other personal details so that we may process the order for
you. In the event that you supply or attempt to use an invalid Payment Method an order
made using that Payment Method will fail. If we suspect that your Payment Method
belongs to someone else or is one which you are not entitled to use, we reserve the right
to suspend or terminate your Account at any time.
The same person may not register more than one Account. We reserve the right to
suspend or terminate any Account which we reasonably suspect of infringing this
requirement.
Important: You must ensure that the email address we hold for you is kept up-to-date and
that you have full access to it – we will be sending you important messages there. So if
you change email address, then you must change it on your Account. Should you provide
an invalid email address or an email address that belongs to someone else, SwingPlane
may terminate your Account at any time without notice.
You should not register as a User if you are under 13 years of age.
3. The Essentials of SwingPlane
SwingPlane provides Users with the facility to record, analyse, share, upload and store
digital videos, notes, and drawings (each a “video”), and to access those videos through
the User’s Account. All videos must meet our video specifications, which may be changed
by us from time to time.
For further guidance and information on uploading videos please visit our FAQs, or view
the instructions in the app.
SwingPlane also offers Users the ability to order:
“Pro” golf swing videos;
personalised golf lessons and services which bear Users’ videos on or within them;
other, non-personalised, products and services,
and we refer to those lessons, products and services as our “Products”.
As SwingPlane evolves and changes over time, we may add Products or remove Products
from our Services. Clause 6 contains the terms of purchase for Products. It is the
responsibility of Users to have sufficient web, app and device usage skills to make use of
our Services.
Although we incur cost in providing you with the facility to store and access your videos
and other User Content with SwingPlane (your “video Storage”), we don’t charge you for
video Storage. However, we reserve the right to introduce a policy under which we may
withdraw your video Storage if (a) you have not purchased a personalised Product from us
through your Account at least once in any given twelve month period,(b) we have notified
you by email of the fact, and of our intention to withdraw your video Storage unless you
purchase a personalised Product, and (c) you have not purchased a personalised Product
from us within 30 days of that emailed notification. We will notify Users by email if and
when we are to commence enforcing this policy.
4. Your videos
SwingPlane allows you to access your videos through your Account. However, please note
that:
We provide video Storage at no cost principally in order to facilitate Users’ creation and
purchase of personalised Products bearing their videos
Accordingly, we do not intend or invite Users to store their videos other than for those
purposes
We do not currently apply a fixed limit to the volume of videos which may be uploaded
provided you comply with our reasonable fair use requirements
Those fair use requirements would be breached by, for example:
The automated or scripted uploading of videos or other User Content;
The uploading of videos or other User Content on a high-frequency basis; or
The inclusion of very large volumes of videos or other User Content in an individual album
Should you breach our fair use requirements, we may suspend your Account, cease to
provide you with video Storage and/or delete your videos and other User Content from our
systems
We are entitled to introduce a policy for the removal of your video Storage if you do not
make limited purchases of personalised Products from us (see Clause 3 for details of this
policy)
In the course of storing your videos, we reserve the right to apply various techniques to
make generally accepted improvements to the quality of the video.
We also reserve the right to make changes to videos which are intended to improve their
storability, including:
Compression;
Size reduction and downscaling; and
Format conversion,
We strive to retain videos that are of sufficient quality for inclusion in personalised
Products, but some loss and modification of detail may be apparent under close
examination;
We use reasonable commercial endeavours in our provision of video Storage, but do not
provide any guarantees as to the availability, speed of access to or reliability of the storage
we provide;
videos and other User Content may be deleted from your Account in various
circumstances, as stated elsewhere in these Terms (including Clause 8);
Our policies concerning the storage of videos and User Content may change from time to
time;
If an video does not meet our specifications you may not be able to upload it and/or you
may find that it is not possible to use that video in conjunction with some or all of our
Products;
We have rules about User Content, and these apply to the content of videos (see Clause 5
below) (“Content Rules”); if you breach our Content Rules, we may – amongst other things
– terminate your Account. And if your Account is terminated, we may delete all videos
associated with that Account, so that they will no longer be accessible; and
If we are notified of a claim or allegation that an video breaches our Content Rules, we
may prevent that video being accessible through SwingPlane or being used in connection
with Products.
Note that we may send you emails which include your videos, or to create examples of
personalised Products which may be of interest to you: by uploading videos, you consent
to us doing these things with those videos.
SwingPlane allows you to share your videos with others by allowing public access to your
videos. This sharing can be effected by you on a per video basis, a default is applied to all
videos that you can control through your account.
you undertake that you have those Guests’ consent to the sharing of your videos with
them;
you agree that doing so will not result in an infringement or perceived infringement of our
Content Rules; and
you acknowledge and agree that Guests – and others with whom they may share the
videos – may:
purchase Products which include those videos;
submit comments about the videos; and
notify us if videos infringe our Content Rules.
We are not responsible for the acts or omissions of Guests.
You must not share or allow access to any of your videos in return for payment or for any
other commercial purpose.
If you delete videos from your Account, we will promptly remove the videos from the
“videos” view in your Account, but the videos will not be completely erased from our
systems; “deep” links which lead directly to the relevant videos may continue to provide
access to those videos.
You are advised to keep back-ups of all of your User Content, including backup copies of
videos. We do not undertake or guarantee to keep your videos and other User Content
indefinitely, and we will not be responsible for the loss of, deletion or corruption of videos
or any User Content. We do not keep back-up copies of videos and other User Content;
we have no liability to you or any User if videos or other User Content become lost or
corrupted as a result of any cause (including human error, software or hardware failure,
failures of telecommunications or internet services, or events beyond our control, or app
updates, operating system updates or device upgrades).
If we actively decide that we are to cease hosting videos or other User Content, we will
give you reasonable advance notice (of at least three months’ duration) to permit you to
make alternative arrangements.
It is expected that users are familiar with the backup and restore processes of the devices
SwingPlane is installed on, and backups are taken at regular intervals and before any app
updates, operating system updates or device upgrades or any other event that may cause
the loss of content of the app.
5. User Content and Content Rules
videos and other material (including textual annotations to and comments on videos)
uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a
User on, through or in connection with SwingPlane are treated as “User Content” for the
purposes of these Terms. Users must have the right to deal with their User Content in the
manner provided by our Services. You must not upload User Content, or otherwise deal
with User Content through SwingPlane, if you do not have the right to do so. Each User
shall ensure that his/her User Content does not:
infringe anyone’s copyright; in particular, you must ensure that you either own the
copyright in an video that you upload to SwingPlane or that you are fully licensed by the
copyright owner to upload the video and to make any subsequent use of it (such as by
including the video in a personalised Product);
infringe any other rights, such as a trade mark, of any person or entity or a duty owed to
any person or entity, such as a duty of confidentiality;
contravene any applicable law (including, without limitation, any criminal law) or regulation;
include anything that is false, inaccurate, misleading, offensive, abusive, threatening or
defamatory, or that might cause needless annoyance, inconvenience or distress to any
person;
contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to
interfere with, interrupt, or disrupt the normal operating procedures of a computer or to
surreptitiously intercept, access without authority, or expropriate any system, data or
personal information;
misrepresent the User’s identity in any way or impersonate any person;
include any material containing personally identifying information about another person,
such as their real name, address, phone number, or email address, except with the written
approval of that person;
contain material which is pornographic, obscene, indecent or offensive, which promotes
discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
or that may incite hatred or violence against any person or group;
harass, upset, embarrass, alarm or annoy any person;
give the impression that it emanates from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse; or
infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the
proper working of SwingPlane.
The above are our Content Rules.
Although we prohibit the uploading of videos and other User Content which infringes our
Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and
App. It is possible that videos or other User Content may be accessible through our Site
and App which contravenes our Content Rules. We are not responsible for such videos or
User Content, but if you become aware of any such videos or User Content on our Site or
App please contact us here.
We may without notice delete any video or other User Content which appears to breach
our Content Rules, or prevent any use of Services (including purchase of Products) which
includes any such video or User Content.
6. Terms of purchase for Products
A contract between a User and SwingPlane for the purchase of a Product is created as
follows:
The User places the order for a Product on the Site or App by pressing an order
confirmation button at the end of the checkout process: if the Product in question includes
an video or other User Content selected by the User it is a “personalised Product”; if it is a
standard Product which does not include any video or User Content it is a “nonpersonalised
Product”
By confirming your order, you are agreeing to purchase the Product you have selected
Note that SwingPlane may reject an order in certain circumstances, namely:
Your order breaching the requirements of these Terms;
The use of videos which infringe the Content Rules;
The use of videos which are corrupted, unsupported technically or inadequately pixelated;
The Product you order being unavailable;
Our inability to obtain authorisation for your payment; or
A relevant pricing or Product description error being identified.
7. International use of SwingPlane
You must ensure that you comply with the laws that apply to you and your use of
SwingPlane, including as to User Content, the videos that may be viewed and the
Products that may be bought through SwingPlane. That use may be prohibited or
restricted in various jurisdictions.
8. Closure of Accounts
You may choose to cancel your Account at any time here You may be asked to provide
further proof that you are the holder of the Account. Further, we are entitled to lapse an
Account if its User has not logged in to the Account for two years or more. If your Account
is terminated because you have breached this Agreement (including a breach of our
Content Rules), we may prohibit you from establishing another Account. Where an
Account is cancelled, lapses or is terminated, we are entitled to close the Account and
entitled (but not obliged) to delete all videos and other User Content associated with that
Account. You will nevertheless remain responsible for performing your obligations under
these Terms, and the rights granted to us under these Terms (including in Clause 9) shall
not be terminated as a result.
9. Intellectual Property
By uploading, posting, contributing, distributing, communicating or transmitting User
Content (including videos), a User expressly grants to us a non-exclusive, royalty-free,
irrevocable licence (including the right to grant sub-licences through multiple tiers) to use,
reproduce, adapt, distribute and communicate to the public that User Content (a)
worldwide through SwingPlane and any other interactive services through which
SwingPlane (or a service based on SwingPlane) is accessible, and (b) too perform
obligations and exercise rights under these Terms. For the avoidance of doubt, the licence
under this Clause 9 will survive any termination of these Terms or any cancellation,
suspension or lapse of the relevant Account. Note that we may modify User Content in
order to conform it to SwingPlane or the requirements of a Product (such as by cropping
videos). You acknowledge that all copyright, trade marks, and other intellectual property
rights in and relating to SwingPlane (including, without limitation, User Content associated
Users other than you) are owned by, or licensed to, us. You may use and access
SwingPlane and that User Content only to the extent required for the use of the Services
in accordance with these Terms, and for the purpose that we make them available. No-one
may copy, distribute, show in public or create any derivative work from SwingPlane, or any
of the material which is found on SwingPlane unless properly licensed to do so by us. You
are not allowed to use SwingPlane (or to copy or use any material found on SwingPlane)
for any commercial purpose other than to conduct the purchase of a Product from
SwingPlane. You are not allowed to remove any copyright, trade mark or other intellectual
property notices contained in material taken from SwingPlane. No-one may use any robot,
spider, scraper or other automated means to access SwingPlane for any purpose without
our prior express written permission.
10. Privacy
Our Privacy Policy governs all users of SwingPlane. By using or accessing SwingPlane,
you give your consent to the content of that policy. If you do not wish your personal data to
be handled in that way, then you must not use SwingPlane. Users shall not use the
Services in connection with the sending of any unsolicited messages, or to harvest or
otherwise collect information about Users, including email addresses, without their express
consent. No User shall use any information regarding other Users that is accessible
through the Services except as expressly permitted by these Terms.
11. Our Role
To the extent that the law permits, you release SwingPlane, its agents, directors, officers,
shareholders and employees from all liability arising out of or in connection with any videos
or other User Content. You must not assume that accessing, the import or export, or the
advertising, offering, purchase or sale, of any video, User Content or Product complies
with applicable law or regulation by reason of it appearing on SwingPlane. We do not have
any responsibility or liability for the deletion of, or any failure to store or deliver, videos or
User Content.
The responsibility for backing up of user created data in the app rests exclusively with the
user. This includes, but is not limited to backing this data up before app upgrades,
operating system upgrades, device upgrades or any other action where the loss of data is
a possibility. The user expressly indemnifies Golf Apps LTD from any liability arising from
the loss of data.
SwingPlane may contain links to or advertisements for other sites, services or products
(“Third Party Promotions”). Third Party Promotions may contain materials which you find
offensive, objectionable, unlawful or inaccurate. The sites or other destinations to which
Third Party Promotions lead are governed by their own terms of use and privacy policies
which will differ from these Terms. The inclusion of links to Third Party Promotions does
not indicate that we endorse them and we are not responsible for examining or evaluating
the content of such sites or destinations or goods or services available through them.
12. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability
to access SwingPlane, (b) your use of all of part of the Services, (c) to remove from
access via SwingPlane any User Content associated with a User or his/her Account, (d) to
warn Users and other users of SwingPlane against interacting with a particular User, and/
or (e) to take technical and legal steps to stop any Users from using SwingPlane if they
appear to us to be in breach of any provision of these Terms. Should we do so, you
acknowledge that we shall not incur any liability to you or to any other person. In addition,
we are entitled to suspend provision of all or part the Services, or the availability of User
Content associated with any User, at any time if we are obliged or advised to comply with
an order, instruction or request of any limb of government, or any regulator, court or other
competent authority.
13. Contact from third parties.
If anyone contacts us in relation to User Content or a transaction associated with you, then
you agree:
to provide all reasonable information and assistance we may require in connection with
responding to that contact; and
to respond promptly and accurately to it, should we pass the message to you for a
response.
14. Additional services.
We, our affiliates or third parties with which we contract may offer new, updated or
additional services through SwingPlane from time to time. Your use of those services will
be governed by these Terms but may also be subject to additional terms of use, which you
must comply with. Provided that those terms are notified to you on SwingPlane in an
appropriate manner (as determined by us in our reasonable discretion) when you agree to
take those services, any failure by you to comply with a material provision of the terms
governing those services will amount to a breach of these Terms.
15. Operation of SwingPlane
We reserve the right to withdraw or modify all or part of the Services or SwingPlane where
we have legal or commercial reasons to do so. There may be times when the operation of
SwingPlane is adversely affected, or becomes inaccessible, as a result of technical
difficulties experienced by SwingPlane, on the Internet or other communications networks,
or other matters that are beyond our control. Please note, however, that we cannot
guarantee continuous, uninterrupted or secure access to SwingPlane or any of the
material that appears on it. If we are conducting a period of planned unavailability of the
Services, we will inform Users of this by a notice that appears on one or more pages of our
website. For security or other reasons, we may require you to change your password or
other information which facilitates access to SwingPlane; however, we will never ask you
for your password. You are solely responsible for maintaining the confidentiality of your
password and any additional identifying information.
16. Liability
We use reasonable care and skill to provide SwingPlane in accordance with our
specifications for SwingPlane but:
the Services are provided “as is”; and
we cannot and do not guarantee that SwingPlane or the Services will meet your
requirements, including (without limitation) as to the availability or speed of delivery of any
User Content placed on or made through SwingPlane.
We shall have no obligation, duty or liability whatsoever in contract, tort (including
negligence, breach of statutory duty and any other tort) or otherwise, save as expressly
provided in these Terms. Nothing in these Terms excludes or restricts our liability for
fraudulent misrepresentation or for death or personal injury resulting from our negligence,
nor our contractual obligations in respect of Products we agree to supply following our
acceptance of your order in accordance with Clause 6. We, our agents, directors, officers,
shareholders, employees and subcontractors will not be liable to you or anyone else,
whether in contract, tort (including negligence, breach of statutory duty or other tort) or
otherwise:
for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill
or reputation, or for any business interruption; or
for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all
representations, warranties, conditions and other terms, whether express or implied (by
common law, statute, collaterally or otherwise) are hereby excluded, except in the case of
fraud, or where such exclusion is not permitted by law. For the avoidance of doubt,
SwingPlane will not have liability to you or any other person in respect of User Content.
We will not be liable for any failure to perform our obligations under these Terms caused
by matters beyond our reasonable control. The provisions of this Clause 16 shall survive
the termination or expiry of these Terms.
17. Indemnity
You agree to indemnify SwingPlane, its agents, directors, officers, shareholders,
employees and subcontractors against all liabilities, claims and expenses that may arise
out of or in connection with any:
breach of these Terms by you or through your Account; or
User Content associated with you or your Account.
18. Assignment
We reserve the right to assign these Terms, and to assign or subcontract any or all of our
rights and obligations under these Terms, but will not do so in such a way as to reduce any
guarantees you are given under these Terms. You may not without the written consent of
SwingPlane assign or dispose of these Terms or any of your rights and obligations under
it.
19. Entire Agreement
These Terms are intended to contain your entire agreement with us relating to your use of
and access to SwingPlane; we believe them to be fair and reasonable. They replace all
earlier agreements and understandings with you relating to SwingPlane.
20. Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version
on SwingPlane. The new version of these Terms will take effect:
commencing 28 days after the date of posting (or such later date as we indicate in the
relevant posting), if any of the changes is to an operative provision of these Terms which is
capable of adversely affecting you; or
immediately upon the date of posting (or such later date as we indicate in the relevant
posting), if the changes are not reasonably capable of adversely affecting you – examples
of which would include, without limitation, (i) changing the name of, and/or the webaddress
(www.iGolfApps.com) that you use to access, SwingPlane, and (ii) the refinement
of provisions that are already included or referred to in these Terms.
In either case, if you do not wish to be governed by the new version of these Terms, you
must cease to use the Services and SwingPlane. For the avoidance of doubt, we will not
have any liability to you in that event.
21. General
If any part of these Terms is held to be invalid or unenforceable, the remainder shall
remain valid and enforceable. Our failure to act with respect to a breach of these Terms by
you or others does not waive our right to act with respect to subsequent or similar
breaches. The headings to the Clauses are for ease of reference only and do not affect the
interpretation or construction of these Terms. A person who is not a party to these Terms
has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these
Terms, provided that this shall not affect any right or remedy of a third party which exists or
is available apart from that Act.
22. Law
These Terms, the Services and each order and purchase of a Product shall be governed
by English law. You and we each submit to the non-exclusive jurisdiction of the English
courts in relation to disputes arising in connection with these Terms, the Services and any
order for or purchase of a Product.
23. Keeping these Terms
We don’t separately file the Terms entered into by Users when they register for
SwingPlane. You can access them at here. Please make a durable copy of these Terms by
printing and/or saving a downloaded copy on your own computer. They are offered in
English only.
24. Contact
We are a company registered in England and Wales under registration number 03906401
under the name Golf Apps Limited; You can contact us through our website
(www.iGolfApps.com). We will send our notices to you by email to the email address
specified in your Account.
Privacy Policy
This Privacy Policy governs the manner in which Golf Apps LTD collects, uses, maintains
and discloses information collected from users (each, a “User”) of the Swing Plane and
SwingPlane HD applications (“app”). This privacy policy applies to the app and all products
and services offered by Golf Apps LTD.
Personal identification information
We may collect personal identification information from Users in a variety of ways,
including, but not limited to, when Users visit our app, register on the app, place an order,
fill out a form, and in connection with other activities, services, features or resources we
make available on our app. Users may be asked for, as appropriate, name, email address.
We will collect personal identification information from Users only if they voluntarily submit
such information to us. Users can always refuse to supply personally identification
information, except that it may prevent them from engaging in certain app related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact
with our app or website. Non-personal identification information may include the browser
name, the type of computer and technical information about Users means of connection to
our app, such as the operating system and the Internet service providers utilized and other
similar information.
How we use collected information
Golf Apps LTD may collect and use Users personal information for the following purposes:
– To improve customer service
Information you provide helps us respond to your customer service requests and
support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group
use the services and resources provided on our app.
– To process payments
We may use the information Users provide about themselves when placing an order
only to provide service to that order. We do not share this information with outside parties
except to the extent necessary to provide the service.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their
order. It may also be used to respond to their inquiries, questions, and/or other requests. If
User decides to opt-in to our mailing list, they will receive emails that may include
company news, updates, related product or service information, etc. If at any time the User
would like to unsubscribe from receiving future emails, we include detailed unsubscribe
instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security
measures to protect against unauthorized access, alteration, disclosure or destruction of
your personal information, username, password, transaction information and data stored
on our app.
Sensitive and private data exchange between the app and its Users happens over a SSL
secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may
share generic aggregated demographic information not linked to any personal
identification information regarding visitors and users with our business partners, trusted
affiliates and advertisers for the purposes outlined above.We may use third party service
providers to help us operate our business and the app or administer activities on our
behalf, such as sending out newsletters or surveys. We may share your information with
these third parties for those limited purposes provided that you have given us your
permission.
Third parties
Users may find advertising or other content on our app or website that link to the apps and
services of our partners, suppliers, advertisers, sponsors, licensors and other third parties.
We do not control the content or links that appear on these apps and are not responsible
for the practices employed by other parties linked to or from our app. In addition, these
apps or services, including their content and links, may be constantly changing. These
apps and services may have their own privacy policies and customer service policies.
Browsing and interaction on any other website or app, including those which have a link to
our app, is subject to that parties own terms and policies.
Changes to this privacy policy
Golf Apps LTD has the discretion to update this privacy policy at any time. When we do,
we will post a notification on the main page of our website. We encourage Users to
frequently check this page for any changes to stay informed about how we are helping to
protect the personal information we collect. You acknowledge and agree that it is your
responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this app, you signify your acceptance of this policy. If you do not agree to this
policy, please do not use our app. Your continued use of the app following the posting of
changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this app, or your
dealings with this app, please contact us at: admin@iGolfApps.com
This document was last updated on May 14, 2016