Terms of Service
Only Golf Coaching
Terms of Use
Please read the following important terms and conditions before use our App or website. These terms of use are important as they contain all the information you need to know about using our services, whether available for free or are services available to paid subscribers only.
These terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
Please read these terms, our Privacy Policy, and any other terms referenced in this document carefully.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Me and My Sports Limited, trading as Me and My Golf, and
- ‘You’ or ‘your’ means the person signing up to our app from us.
- Website means www.onlygolfcoaching.com
If you don’t understand any of this contract and want to talk to us about it, please contact us by email at info@onlygolfcoaching.com
Who are we?
- Introduction
- We provide services for streaming and downloading instructional golf content as well as other goods and services that may be developed from time to time.
- If you sign up to become a member, download our app and/or sign up for an account via our website or app,including all associated features and functionalities, websites and user interfaces, we well as all content and software applications associated with our services (collectively referred to as “Service”), or if you are accessing any videos or other content or material made available through the Service (the “Content”), you are entering into a binding contract with us and agree to be legally bound by these terms of use.
- You may only use our app and content for non-business reasons․
- This contract is only available in English. No other languages will apply to this contract.
- In order to use the Service and access any Content you must:
- Be over the age of 18
- Have the power to enter into a binding contract with us and not be prevented from doing so
- When registering with us for an account, you confirm that any information you submit to us is true, accurate and complete and you confirm to keep the information that way.
- Information we give you
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
- click on ‘FAQs’; or
- contact us using the contact details at the top of this page.
- We will give you information on:
- the main characteristics of the services you want to buy;
- who we are, where we are based and how you can contact us;
- the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);
- in the case of a contract where its end has not been agreed or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs;
- how to exercise your right to cancel the contract and the costs of doing so;
- our complaint handling policy;
- how long the contract is for and how to end it.
- The key information we give you by law forms part of this contract (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- You have the right to cancel your subscription at any time within 14 days, beginning on the day after you sign up to a trial for a Paid Subscription. In respect of Coaching Plans, as you will have access to streaming the content within the 14 day cancellation period, you can waive your right to cancel to start receiving the service (and access to content) within the cancellation period.
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
- Your privacy and personal information
- Our Privacy Policy is available at www.onlygolfcoaching.com.
- Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
- The Service
- Below, we set out how a legally binding contract between you and us is made.
- You create an account by providing your details via our app or website. Please read and check your details carefully. If you need to correct any errors, you can do so before submitting it to us.
- Our website is free to use and our app is free to download and use. Some Content and parts of the Service are available free of charge to all users (“Free Service”).
- Some of the Content and parts of the Service are only available if you have paid for a subscription (“Paid Subscription”) or a one-off plan (“Coaching Plan”).
- When creating an account, you will be automatically signed up to a Free Trial (see clause 6 below) of a Paid Subscription. Once you have signed up, you can bypass this Free Trial if you wish.
- Your application to sign up constitutes an offer by you to subscribe to the Service by way of a Paid Subscription or Coaching Plan. We will confirm acceptance of your offer by sending you an email which confirms your application has been accepted (“Confirmation Email”). A legally binding contract will be made between us when you receive the Confirmation Email.
- End of the contract
- If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- Payment
- We accept the following credit cards and debit cards: [MasterCard, Visa, Paypal].
- We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- Your credit card or debit card will only be charged when you sign up to a Paid Subscription, or at the end of a free trial if you have not cancelled the subscription or if you bypass the free trial after signing up.
- All payments by credit card or debit card need to be authorised by the relevant card issuer.
- The price of the Paid Subscriptions in your local currency (pounds sterling, US Dollars, Euros, Canadian Dollars or Australian Dollars) and includes local taxes at the applicable rate.
- Nature of the Service and Content
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
- In respect of the Service you can ask us to repeat or fix the service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it; if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
- In respect of the Content: it must be as described, fit for purpose and of satisfactory quality; if it is faulty, you’re entitled to a repair or a replacement; if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back; if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- When we supply the Content:
- we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our website; and
- you acknowledge that there may be minor errors or bugs in it.
- In respect of our App:
- The App is provided as is and as available without express or implied warranty of any kind
- We make no representations that the app is fit for a particular purpose or is of satisfactory quality
- you acknowledge that there may be minor errors or bugs in it;
- we do not endorse, guarantee or assume responsibility for any third-party applications, devices or other product or service which might be advertised through the App, our website or the Service.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
- Ownership
- Our App, Website and all intellectual property rights in them including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
- Nothing in these Terms grants you any legal rights in our App or Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website or App.
- Trade marks: ‘onlygolfcoaching’ and the me and my gold logo are our trademarks. Other trade marks and trade names may also be used on the Website. The use of any trade marks on the Website is strictly prohibited unless you have our prior written permission.
- Your Responsibilities:
- You agree that you are solely responsible for:
- all costs and expenses you may incur in relation to your use of the Website; and
- keeping your password and other account details confidential.
- You agree that you are solely responsible for:
- Limit on our responsibility to you
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
- losses that:
- were not foreseeable to you and us when the contract was formed; or
- that were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
- losses that:
- We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
- Disputes
- We will try to resolve any disputes with you quickly and efficiently.
- If you are unhappy with:
- the digital content;
- our service to you; or
- any other matter,
please contact us as soon as possible.
- If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
- If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
- Accuracy of Information on our Website or App
- While we try to make sure that our Website and App are accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
- We may suspend or terminate operation of our Website and/or App at any time as we see fit.
- Information provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.
- Hyperlinks and third-party sites
- Our Website or App may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site. You should also check the privacy policy of any third party site as ours will not apply.
- Our Website or App may contain hyperlinks to other websites owned and run by Us, for example our store. You must ensure that you have read and agree to the terms of use of those other websites and any applicable terms of sale of goods or service.
- Submitting information to the Website
- While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
- We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Website to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
- Assignment
- We may assign the agreement or any rights under the agreement, in whole or in part to another party
- You may not assign the agreement or any rights under the agreement to any third party.
- Applicable law
- The laws of England and Wales will apply to this contract.
- Third party rights
- No one other than a party to this contract has any right to enforce any term of this contract.