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                   The Services

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                   USER ACCOUNT

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                   USE OF The services AND PAYMENTS

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.

4                   USE OF PERSONAL DATA

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                   INTELLECTUAL PROPERTY RIGHTS

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                   limitation of liablity

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.

7                   CHANGES TO THE Terms and conditions

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                   Applicable law

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.