Terms and conditions for the use of Short Game Guru/Terms of use
1 About Short Game Guru
1.1 Short Game Guru is a web app that supports you in your golf training - especially in the area of short game. With currently more than 110 practice tasks including history and statistics you can practice efficiently and focused alone, in a group or in cooperation with your coach. Suitable for beginners to golfers with single handicap. Your putting will become more confident, your chips more consistent and your pitches will land closer to the flag. Short Game Guru runs online in the browser - on every smartphone, tablet, notebook and desktop computer.
To enhance your enjoyment of Short Game Guru, we'll also give you recommendations for topics that might interest you, as well as other interesting information.
1.2 You receive the Short Game Guru from the Short Game Network - legally represented by Yves Tamborini, Mödesser Straße 5, 31234 Edemissen, Germany ("We", "Us").
2. most important rules of use
2.1 We provide an online service that makes available various golf training tasks and tips, the design and availability of which may vary over time (collectively, "Content"). You can access the Short Game Guru in any country where it is available, although Content varies from country to country.
2.2 Please read these Terms of Use ("Terms") before using the Short Game Guru.
2.3 We may change these Terms, for example due to a change in the law or to ensure better functionality of the Short Game Guru, but subject to clause 4.9, the tariff structure of the Short Game Guru will not be restricted in its entirety to your detriment. You will be notified of any changes to these terms and conditions by email from us to the last registered email address. You will also be notified immediately of any changes to our payment terms. The changes will be deemed accepted if you do not object within fourteen (14) days from the date of notification, provided that we inform you in the notification of this consequence of a lack of objection.
2.4 The Short Game Guru and all content obtained through it are for personal and non-commercial purposes only. We grant you, as a subscriber to the Short Game Guru, a limited, non-exclusive, non-transferable license to access the Short Game Guru and use the Content. Except for the foregoing limited right of use, no right, title or interest is transferred to you. You are not entitled to use the Short Game Guru for public reproduction.
2.5 Your use of the Short Game Guru is subject to the authorization of all payments due by your payment service provider or, if applicable, the validity of any subscription or coupon code used by you. Your use is subject to these Terms at all times. For the avoidance of doubt, payments will only be accepted from a payment processor located in the country in which you wish to subscribe to Short Game Guru.
2.6 You agree that we may disclose to third parties information relating to the content that you view through Short Game Guru. Such information will be transmitted anonymously.
2.7 We are entitled to terminate the contract with you at any time by e-mail with a notice period of fourteen (14) days with effect from the end of the current contract period. Our right to extraordinary termination for cause remains unaffected. In particular, we may terminate with immediate effect if you seriously violate these Terms or you cause disruption to Short Game Guru. If we terminate your contract with us for any reason other than a breach of contract on your part, you may be entitled to a pro-rata refund of the amount paid in advance for Short Game Guru.
3. free trial period
3.1 If you are lucky enough to receive a free trial period of Short Game Guru, the duration of the trial period will be described to you in more detail during the registration process for the free trial period. We may make offers and discounts with respect to Short Game Guru at any time; such offers or discounts may not apply to your personal account. For the avoidance of doubt, any offers or discounts you receive will be subject to additional terms and conditions that either replace or supplement these Terms. In the event of any conflict between these Terms and the Additional Terms, the latter shall prevail.
3.2 At the end of the free trial period, we give you the opportunity to continue using Short Game Guru for an annual/semi-annual/quarterly/monthly fee. You can choose freely. You can see the time when your free trial period ends on our website under "My.Guru".
4. the financial
4.1 You are fully responsible for all costs and equipment necessary to use Short Game Guru.
4.2 Your chosen tariff includes only access to the Short Game Guru. Telephone calls and other communication or access charges may be billed separately through your ISP or applicable service provider. All prices are inclusive of applicable value added tax.
4.3 Payment via the payment provider PayPal (PayPal account or credit card, debit card, direct debit and other payment methods offered by PayPal). You confirm that any means of payment you use is your own or you have permission from the card or account holder to use it. All accounts and payment methods are subject to validation and approval by the payment method provider. If your payment is declined, you will not be able to access Short Game Guru until you provide a valid payment method that has been verified by us.
4.4 Payment with a coupon code. If you have purchased a voucher code for the use of Short Game Guru from a trainer, pro-shop or retailer, you can redeem it for the use of the agreed/printed period. In this case, your right of withdrawal will expire and you will have to contact the presenter or seller of the voucher for possible refunds.
4.5 We reserve the right to refuse payment at our reasonable discretion.
4.6 The fee charged for the use of Short Game Guru is due before the beginning of the billing period.
4.7 You may purchase a renewal of your usage on our website or our app, respectively, through the "My.Guru" menu item.
4.8 We may change our service plan from time to time, provided that the changes are reasonable for you.
4.9 We reserve the right to adjust the price of Short Game Guru to reflect changing market conditions, significant changes in procurement or supply costs, changes in sales tax, or changes in functionality.
5. your cancellation
You may cancel your subscription to Short Game Guru via the menu item "My.Guru" by clicking the "Cancel Membership" button. You may cancel your use of Short Game Guru at any time prior to the expiration of the selected usage period, but you will continue to have access to Short Game Guru for the remaining usage period. In case of cancellation you are not entitled to a refund of the usage fee.
6. right of withdrawal
You have the right to cancel this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us - Short Game Network, Yves Tamborini, Mödesser Straße 5, 31234 Edemissen, Germany - of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail to help@short-game.com). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
6.1 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen (14) days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
If you have redeemed a voucher code for the use/renewal of Short Game Guru, we will not be able to refund you in case of withdrawal. Please contact the presenter or seller of the voucher.
6.2 Expiration of the right of revocation
The right of withdrawal expires in case of a contract for the delivery of digital content that is not on a physical medium, if we have started the execution of the contract after you (i) have expressly agreed that we start the execution of the contract before the expiration of the withdrawal period and (ii) have confirmed your knowledge that you lose your right of withdrawal by your agreement with the start of the execution of the contract.
7. technical requirements
7.1 You are responsible for ensuring that you have and maintain all hardware and software necessary to access, receive and view the Short Game Guru.
7.2 We will use reasonable efforts to ensure that the Short Game Guru is available to you at all times. However, the Short Game Guru is provided on an "as is" basis. Except as set out in clauses 7.4 and 12, we will not be liable for any unavailability due to troubleshooting or disruption on the part of the provider used by us, nor if it is impossible for you to view Short Game Guru on a particular device.
7.3 Occasionally, we may need to interrupt Short Game Guru for updates or maintenance. We will endeavor to keep such interruptions to a minimum.
7.4 We provide the Short Game Guru with reasonable care and skill. Beyond that, we give no warranty (and, to the extent permitted by law and subject to clause 12, exclude any statutory warranties). Any statutory rights to which you are entitled as a consumer remain unaffected.
7.5 The transmission quality of Short Game Guru may vary from computer to computer and from device to device and may be subject to various factors, such as your location, the available bandwidth and/or the speed of your internet connection.
7.6 We recommend a download speed of at least 0.5 MB per second. You should check with your internet service provider about possible charges for data usage.
7.7 The software (browser) used to deliver Short Game Guru may vary depending on the device and medium. Likewise, functionalities may vary depending on the device. The use of Short Game Guru may require software from third parties, which in turn may be subject to licenses.
8. use of the Short Game Guru
8.1 We own or license all intellectual property rights in the Short Game Guru (including all Content). All materials, including but not limited to design, text, software, graphics, footage, and images, that You receive (and any selection or editing thereof) are subject to Our and/or third party copyright.
You agree that you:
(a) use the Short Game Guru for non-commercial, non-profit (financial or otherwise) purposes only and not allow any other person to use the Short Game Guru. You may not charge any fees for the use of the Short Game Guru;
(b) at all times view the Short Game Guru only through the permitted device. You must keep your password secret and never disclose or otherwise make available passwords or other access information to others;
(c) not copy, record or store (except as permitted by us in the Application Feature), redirect, share, reproduce or otherwise distribute the Short Game Guru, in whole or in part, to any other person, nor permit or enable any other person to do so;
(d) do not modify, disassemble or reverse engineer any part of the Short Game Guru; and
(e) do not misuse or use the Short Game Guru for any unlawful or tortious purpose (for example, by transmitting computer viruses through the Site or using the Site in a way that infringes the rights of others).
8.2 We may suspend your access to Short Game Guru if you use Short Game Guru in an abusive or excessive manner or against the interests of other users, if we have reasonable grounds to believe that you are in breach of these Terms, or if we are required to do so by a regulatory authority.
8.3 You may use Short Game Guru on no more than two (2) devices at the same time. Pursuant to Section 8.1 (b), you agree that your login information is unique to you and may not be shared with any other person. You may change Your Login Data at any time on Our Website under "My.Guru".
8.4 We reserve the right to remove or change any content provided via Short Game Guru, provided that the changes are reasonable for you.
9. your security precautions
Pay close attention to any communication that requests your credit card or other account information. Submitting your information in response to such communication may result in identity theft. Please always retrieve your sensitive account information directly through Short Game Guru and not through a hyperlink reference in an email or other electronic communication, even if it appears official.
10. age restriction
You must be 12 years of age or older to use Short Game Guru.
11. compensation
11.1 You agree to fully indemnify us for all damages, costs and expenses, including reasonable legal fees, resulting from
11.1.1. your negligent or intentional deception, act or omission in connection with your use of Short Game Guru;
11.1.2. your negligent or intentional breach of these Terms; or
11.1.3. any claims made by third parties due to your negligent or intentional use of the Short Game Guru in violation of these Terms.
11.2. for the purposes of clause 11.1, damages also include liabilities we have to our affiliates, our licensors (including licensors of our affiliates) or our licensors' affiliates as a result of any of the events listed in clauses 11.1.1 - 11.1.3.
12 Liability
12.1 Subject to clause 12.2, our liability and the liability of third party rights holders to you arising out of or in connection with the provision of Short Game Guru to you in the event of a slightly negligent breach of a material contractual obligation under these Terms shall be limited to such damages as are typically foreseeable. A "material contractual obligation" under these Terms is an obligation the performance of which is essential to the proper performance of these Terms, the breach of which jeopardizes the purposes of these Terms, and the performance of which you as a user regularly rely upon. Damage is "foreseeable" if it was typically foreseeable at the time you accepted these Terms. We exclude our liability as well as the liability of third party rights holders for the slightly negligent breach of a non-essential contractual obligation.
12.2 Our liability as well as the liability of third party right holders for gross negligence or intent or for injury to life, body or health or due to fraud is neither excluded nor limited by these conditions. Likewise, any other mandatory consumer rights remain unaffected.
12.3 As far as the Short Game Guru contains links to sites, sources or services from third parties, we have no control over the content of these sites, sources or services. Use of all such sites, sources or services is subject to the terms of use and privacy policies of the applicable third party. We assume no liability for them or for any damages that may result from your use of them.
12.4 Statements or other materials posted through the Short Game Guru are not intended to provide you with reliable advice. Therefore, we are not liable for any damages resulting from any user of the Short Game Guru or any third party relying on such content.
13. contact us
13.1 You can contact us for technical problems or any other reason using the contact form. In order for us to assist you, you may be asked to provide your email address, home address, product information, and payment information (including your billing address for further assistance or account identification).
13.2 If you have signed up for Short Game Guru, you should notify us immediately of any changes to your information by updating that information on our website under "My.Guru" or via the App.
13.3 All communications from us will be made by email to your last registered email address. We are not responsible if you do not receive messages sent from us.
14. apps from third parties
You may encounter third-party apps (including websites, widgets, software or other software utilities) ("Apps") that interact with Short Game Guru. Your use of these Apps may be subject to terms of use from third parties. We are not liable for the Terms of Use for Apps from third parties that you may use in connection with Short Game Guru.
15 Force Majeure
Neither we nor any third party rights holder shall be liable for any delay in the provision of, or failure to provide, Short Game Guru to the extent that such delay or failure is beyond our or the third party rights holder's control, including, but not limited to or the control of the third party owner, including, but not limited to, failure of electronic or mechanical equipment or communications, third party access (including denial of service attacks and overuse or misuse of Short Game Guru), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, extreme weather conditions, including floods, acts of nature or orders from regulatory, governmental or supranational authorities, war, riot, labor disputes and the cancellation or postponement of an event.
16. waiver
Any waiver by us or any third party rights holder of any provision of these Terms does not constitute a waiver of any rights or remedies or of any claim for subsequent breach of any provision of these Terms.
17 Third Party Rights
Clauses 2, 7, 11, 12, 14, 15 and 16 confer rights on third parties and may be enforced by them. Except as otherwise provided in this Clause, no person other than the parties to the contract covered by these Conditions shall have any right to enforce any provision of these Conditions. This shall not affect any rights or remedies of third parties which are mandatory under applicable law.
18. assignment
Subject to the following paragraph of this clause 18, we may assign, sub-contract or otherwise dispose of our rights and/or obligations under these Terms without prior notice to you and without your consent.
In the event of a transfer of the Contract with you to a third party, we will notify you thereof. In this case, you are entitled to terminate the contract by notifying us within four (4) weeks from receipt of our notification.
You are not entitled to transfer, subcontract or otherwise dispose of your rights and/or obligations under these Terms.
19. severability clause
If any provision of these Terms and Conditions is invalid or unenforceable, the validity of the remaining provisions shall not be affected.
To the extent that an invalid or unenforceable provision would become valid or enforceable by deletion of a part, it is assumed that this part is deleted and the remainder of the provision remains in force.
20 Applicable Law
To the extent permitted by law, these Terms and Conditions shall be governed exclusively by German law. Mandatory consumer protection laws of your country may remain unaffected and continue to apply.
Short Game Guru and the Short Game Network are operated from Yves Tamborini, Mödesser Straße 5, 31234 Edemissen, Germany
Current status: 03.04.2017
