TERMS AND CONDITIONS
Please read these terms and
conditions carefully as they contain importation information about your legal
rights and obligations. These terms and conditions for users (the ”Terms and Conditions”) govern the use of the
booking service Fade accessed through a smart phones and/or tablets (“the Devices”). By using the Application (as
defined below), you (“you” or the “User”) accepts and agrees to the Terms
and Conditions and you enter into an legally binding
agreement with Golfer Sweden AB, organisation number 559091-7745, (“us” or “Golfer”).
1.1
Golfer
provides the mobile application Fade (the “Application”) by which the
User may search, locate and book golf tee times (“Tee
Times”), make payments etc. at different golf clubs and other related partners
to Golfer, herein referred to as the “Services”. Golfer provides and is
responsible for the Services – but not the golf experience itself.
1.2
Golfer
aims to continuously develop and improve the Services and the Application, and may launch new technical features of the
Services. Such new features may change the appearance and functionality of the
Services and/or the Application. Golfer expressly reserves the right to, from
time to time, change, develop or amend the Services, the Application and any information
or content therein.
2.1
By
accepting the Terms and Conditions, you submit that you are over the age of 13
years. The Services are not intended for use by persons under the age of 13. If
you are under 13, you should use the Services only with involvement of a parent
or guardian.
2.2
In order to use the Services, you must register a user
account with Golfer (“User Account”) and accept the Terms and
Conditions. If you register for a User Account, you agree to provide true and
accurate information in connection with your registration and to keep that
information current. You are solely responsible for any inaccuracies or errors
in the information you have provided to us.
2.3
The
User acknowledges and agrees that the User Account login details and passwords
are strictly personal and the User may be held
responsible for all activity related to the User Account. The User agrees to
promptly notify Golfer if the User has reason to believe that unauthorised
access to the User Account has occurred, and such notification should be sent
to support@joinfade.com Golfer has the right, but not the obligation,
to block access to the User Account if there is reason to believe that
unauthorised access has or will occur.
2.4
For
the avoidance of doubt, you may at any time chose to delete your User Account, but will in such case no longer have any access to
the Services or the Application.
3.1
The
Services may only be used for personal and non-commercial use. The User
undertakes not to use the Services or any of the functions provided through the
Application for illegal purposes or purposes prohibited by the Terms and
Conditions. For example, the
User may not monitor, copy, scrape/crawl, download, reproduce,
reverse-engineer, disassemble, attempt to derive the source code of or modify the
Application, or otherwise use anything in the Application, or in other parts of the Services,
for any commercial purposes without written permission of Golfer or its
licensors.
3.2
By
making a booking through the Application, the User enters into an agreement
with the applicable golf club in accordance with the general terms and
conditions of the golf club (the “Golf Club Conditions”). The Golf Club
Conditions includes rules on bookings, cancellations
and no-show policy (the “Booking Conditions”). The Booking Conditions of
the respective golf clubs will always be made available through the
Application. However, it is the responsibility of the golf club to ensure that
the Booking Conditions in the Application are correct and up to date. Golfer is
not responsible for providing Tee Times or other obligations arising out of the
agreement between the User and the golf club. Golfer is not, and does not,
become a party to any contractual relationship between users and the golf
clubs. The applicable golf club is solely responsible for the golf experience. From
the point at which the User makes a booking through the Application, Golfer
solely acts as an intermediary between the User and the applicable golf club.
3.3
The
User hereby confirms and accepts that the golf club is responsible for
providing Tee Times, products and services or other commitments as set out in
the Golf Club Conditions and the User shall direct any questions or claims
regarding contractual obligations or the golf experience directly to the
applicable golf club.
3.4
The
User can choose to either pay for the booking via the Application at the time
of booking (“Pre-Payment”) or in person at the golf club. In the event
of a Pre-Payments, all payments are administered via our partner Greenfee365
Europe AB (“Greenfee”), and via their payment provider Stripe. You can
read more regarding the conditions for payment, which payment methods are
available and more as part of Greenfee’s terms and
conditions available here: https://greenfee365.com/sv-SE/info/terms-of-service. You acknowledge that Golfer may
come to change its payment solution in the future, all in accordance with
Sections 1.2 and 7 of these Terms and Conditions.
3.5
If the User wishes to review, amend or cancel the booking, please follow the instructions
in the Application. The golf club’s Booking Conditions apply, and it is up to you
to ensure that you have read the Booking Conditions carefully. Should information
be missing in the Booking Conditions, the User shall contact the golf club in order to obtain information on the applicable
cancellation/no-show policy. If the User cancels a booking or does not show up at
the Tee Time in violation of the applicable Booking Conditions, no refunds will
be issued, and the relevant Golf Club may charge the User a no-show fee.
3.6
Lower rates for
specific bookings may apply. These rates are determined by the golf clubs
themselves and may involve special terms and conditions, such as non-cancellable
or non-refundable Tee Times. Please check the specific terms and conditions
with the applicable golf club before making a booking through the Application.
In order to provide the Services and perform
its obligations to the User, Golfer must collect, process and to some extent
store the personal data of the User. Golfer processes data in accordance with
the applicable data protection legislation in force at any given time,
including the General Data Protection Regulation. Information on Golfer’s
processing of personal data can be found in the privacy policy available here.
5.1
All
intellectual property in the Application, or in other parts of the Services, is
either owned or licensed by Golfer. Nothing in these Terms and Conditions shall be interpreted as a transfer
of any intellectual property or other rights to the User or a third party.
5.2
Subject
to the User’s compliance with these Terms and Conditions, Golfer grants the
User a revocable, non-exclusive, non-transferable, non-sublicensable right to
install and use the Application on Devices owned or controlled by the User, and
to access and use the Application and the Services on such devices strictly in
accordance with the Terms and Conditions. The User may, in no event, use the
Application or the Services in any commercial matter.
6.1
Golfer takes reasonable care in
providing the Services, but Golfer cannot guarantee that all information provided
by the golf clubs is accurate, complete, up to date or correct. The Application
is a booking service and Golfer shall not be liable for incorrect or incomplete
information from the golf clubs themselves displayed through the Application. To
the extent permitted by law, Golfer cannot be held responsible for any such errors,
interruptions or any missing bits or information.
6.2
Furthermore, Golfer does not warrant
that the Application and Services will be available at all
times. Golfer may experience hardware, software, or other problems or
need to perform maintenance related to the Application, resulting in
interruptions, delays, or errors. Golfer is not liable whatsoever for any loss,
damage or inconvenience caused by the User’s inability to access or use the
Application or Services during any downtime or discontinuance of the
Application or Services.
6.3
Golfer is not liable and is not
obliged to compensate for delays, cancellations, overbooking, strikes, force majeure or other circumstances outside the scope of
Golfer’s immediate control.
6.4
To the extent permitted by
applicable mandatory law, Golfer shall not be liable for any indirect damages
or any consequential damages resulting from the use of the Services, or delay
or failure to use the Application, or for the provided information through the
Services or for the software.
Golfer may, from time to time, change these Terms
and Conditions. In case of any material changes to these Terms and Conditions,
Golfer will notify you of such changes by email. To the extent permitted by
applicable law, by continuing to use the Services after the change comes into
effect, you will be considered having accepted the relevant changes to these Terms
and Conditions.
8.1
The
Terms and Conditions shall be governed by Swedish law. These Terms and
Conditions do not limit any mandatory consumer laws or regulations.
8.2
If there is a dispute, controversy or claim arising out of
or in connection with the Terms and Conditions, or the breach, termination or invalidity hereof, the User and Golfer shall
primarily try to resolve the dispute by reaching an agreement. In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us by
email at support@joinfade.com
8.3
In respect of disputes
concerning consumer rights the User can, in many cases, submit a report to the
Swedish National Board for Consumer Disputes (www.arn.se). If the User lives in a country in the EU/EEA, the
User also has the right to use the European Online Dispute Resolution platform
provided by the European Commission to settle any disputes. The European Online
Dispute Resolution platform is available here: ec.europa.eu/consumers/odr.