TERMS AND CONDITIONS OF USE OF CLAPPHOUSE
Access to the Clapphouse application (hereinafter, “APP”), as well as the use of it, are subject to the Terms and Conditions of Use described below (hereinafter, the “T&C”).
We advise you to read these T&C carefully. If you have any doubt or clarification, you can contact THE MULLIGAN FACTORY, S.L. (from now on, “TMF”) by email firstname.lastname@example.org or by writing to Carretera de Rubí 88, 08174 Sant Cugat del Vallès, Barcelona.
The non-acceptance of these T&C entails the loss of the right to use the APP, and therefore, the possibility of enjoying the services provided through it (from now on, “SERVICES”).
1. INFORMATION ABOUT TMF
TMF is a Spanish company specialized in the digital transformation of the golf sector that, among others, has developed and is the owner of the APP.
The company is also the owner of the websites www.clapphouse.golf (directly linked to the APP) and www.themulliganfactory.com (which provides more information about the company).
In accordance with the requirement of article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI-CE), we inform you of the following information:
- CIF of the company: B-66767245.
- Headquarters: Carrer Josep Tarradellas 51 1º 2ª, 08195 Sant Cugat del Vallès, Barcelona.
- Registration data: Registered in the Registro Mercantil de Barcelona, in volume 45370, folio 185, page B-485536 and 1st registration.
- Contact email: email@example.com
“User” is any person who accesses the APP and makes use of it. By doing so, the person accepts and acknowledges the T&C, and becomes a User of the App (hereinafter, “USER”). Users are the owners of the personal data that is the object of treatment.
“Licensee” is any entity that has previously signed a software use license agreement with TMF that grants it a specific license for the use of the solution composed of the APP and the associated web manager through which it is possible to manage their presence in it and provide the different SERVICES to USERS. Most of the licensees are entities that have the facilities and services necessary for the practice of golf (eg. golf clubs) and/or entities that are in charge of managing them.
“Account” refers to the virtual space dedicated to each licensee within the APP, and through which the licensee provides the SERVICES to USERS who have previously correctly validated their identity. In order to be a USER of a specific account of a licensee (eg. the usual golf club, another additional golf club that is often visited), it will be necessary to activate said account in advance. Each licensee provides the SERVICES within the scope of its account.
3. DESCRIPTION AND OPERATION OF THE APP
3.1. Purpose of the solution
On the one hand, the APP allows USERS to interact with licensees in different ways, enabling multiple use cases.
On the other hand, the APP allows licensees to optimize their operations, get to know their customers better and offer a better and safer experience to USERS.
TMF also offers directly through the APP different SERVICES of interest to USERS. Some of them are integrated into the accounts of each licensee while others are provided outside of said scope.
3.2. Main use cases
The possible uses associated with the APP and the provision of the SERVICES that the licensees provide through it are multiple, such as those that, but not limited to, are set out below:
(a) Being promptly informed about all types of incidents, news and promotions, and general information of interest.
(b) Accessing other systems outside the APP without having to identify oneself again.
(c) Being able to make, modify and cancel reservations.
(d) Receiving real-time information about reservations.
(e) Being able to check in.
(f) Being able to consult the details of different events and tournaments.
(g) Being able to register for an event and subsequently manage the registration.
(h) Being promptly informed about schedules and classifications.
(i) Being able to consult all kinds of reference information.
(j) Being able to connect with other friends, interact with them and be informed of their activity.
(k) Being able to accumulate points for different events and exchange the points for gifts.
(k) Being able to access additional services of all kinds (eg. playing HCP calculator, request a correspondence, check the weather, technical support,…).
(l) Accessing the personal identification card as a customer.
(m) Being able to pay for different services and products offered.
Whether or not USERS can enjoy these use cases depends to a large extent on the modules contracted at any given time by each licensee as well as the use that each licensee makes of the solution.
3.3. Account Activation
To become a USER, one must activate first the account of any of the licensees in the corresponding list published in the APP, and keep at least one account activated at all times.
To do this you must previously validate your identity as per the mechanism implemented at every moment, and which currently requires:
A) You identify yourself with your specific, confidential customer ID that each licensee should have previously provided to you.
B) And then verify that your mobile number is valid by entering an activation key that will be sent by SMS.
Later, as a USER, in case you want to activate the account of any additional licensee you will only need to complete the above first step.
A USER can activate as many accounts as it wants, and as long as the respective licensees have previously provided the customer identifier needed to activate each account. In this regard, it is important to note that licensees have no obligation to provide a customer identifier to anyone who requests it.
It is also possible to activate different accounts on different mobile devices, in which case it will be necessary to complete the analogous activation process as is implemented at all times.
Once one account is activated, to use the APP is not required for the introduction of any additional username and password.
3.4. Personal information
The APP captures multiple personal data through different mechanisms, and builds with them a profile of each USER with the fundamental objective of being able to personalize the different SERVICES provided and offer a better experience to USERS.
And for the purpose of providing the USERS with the different SERVICES, both TMF and the licensees process this personal data, and act as co-responsible for the processing of said data.
3.5. Parties involved in the APP
The USER declares to know and accept that, taking into account the idiosyncrasy of the operation of the APP, for the correct operation of the same, apart from TMF (as the main provider of the SERVICES and owner of the APP), other parties participate as well such as the different licensees, collaborators and external suppliers of TMF, that, but not limited to, are indicated below:
(a) The different licensees, as those in charge of providing the USERS the SERVICES through the APP and in the context of the account managed by each licensee.
(b) The provider of the licensee’s management systems, and specifically those management systems, with which the APP is integrated to be able to offer USERS information regarding their profile, reservations and participation in events and the possibility of completing different transactions at through the APP (eg. self check in).
(c) The different technology providers, and specifically their respective solutions and services, that TMF uses in order to enable the proper functioning of the APP for aspects such as sending the SMS with the activation key, sending notifications, the service of online registration for events, the provision of various value-added services, payment processing and more.
(d) The different telecommunications operators.
(e) The different developers of mobile operating systems.
(f) The different manufacturers of mobile devices.
In addition, in order to obtain, install, update, access, use, or continue accessing the APP, the USER may have to use certain third-party services, such as those of the mobile operator. The use of third-party services may be subject to additional rates and terms and conditions of use, and the USER accepts that TMF is not responsible for the activities of said third parties, when these services process personal data for their own purposes.
3.6. Obtaining the APP through digital stores
If the APP was obtained through any digital store, the USER and TMF acknowledge and accept that:
(a) This document is concluded between the USER and TMF only, and not with the digital stores.
(b) Digital stores have no obligation to provide maintenance and support services in relation to the APP.
(c) TMF, and not the digital stores, will be in charge of dealing with the claims of the USER or any third party in relation to the APP, including among such:
- Liability claims for the SERVICES offered.
- Any claim in the event that the APP does not comply with any applicable legal or regulatory requirement.
- Complaints related to consumer protection or similar legislation.
- Claims from third parties regarding the infringement of intellectual property rights in relation to the APP or its possession or use.
Digital stores and/or their subsidiaries will be third-party beneficiaries of these T&C and will have the right to enforce the same as a third-party beneficiary.
The USER will be able to obtain the APP from the digital stores of Google Play and Apple Store. Obtaining the APP through digital stores does not imply any cost.
Some of the SERVICES provided may require the activation of the device’s geolocation functionalities. In the case of being necessary, the APP will inform the USER of this so that it can accept or not this characteristic in due course.
The USER acknowledges and accepts that the APP and/or the SERVICES provided may promptly present advertisements from TMF, the licensees or third parties.
3.9. Account deletion
The USER may delete any of the accounts through the option enabled for this purpose within the APP. It may also exercise this right by contacting TMF directly or the licensee of the account to be deleted.
In the event that the USER deletes all the activated accounts, it will lose the status of USER from that moment.
The accounts will not be automatically deleted in the event that the USER simply uninstalls the APP from the mobile device.
TMF and the licensees also reserve the right to delete the USER’s account at their discretion and at any time, and in particular in the event that the USER has not accessed its account and used the APP in the twelve months following the date of the last registered access for the account in question.
4. APP LICENSE AND ITS DURATION
This APP grants the USER a non-exclusive, limited, non-transferable and revocable license to use it, and the USER must use it exclusively for personal purposes, and not for commercial purposes or for the entertainment of third parties. TMF reserves all rights not expressly granted in the SERVICES or in its T&C.
The license granted to the USER is granted in perpetuity. However, TMF may terminate this license at any time and without justified cause.
Notwithstanding the foregoing, said license will expire due to the following circumstances:
(a) Breach by the USER of any of the present T&C that are included in this document.
(b) Attempt to destroy the APP or detect malware or threat in this regard.
(c) At the request of the USER himself by uninstalling the APP from his device.
Termination in accordance with this clause will not affect any right or remedy that TMF has under current legislation.
Likewise, this license does not limit any right that TMF may have in accordance with this document to modify the APP by way of updating, in particular by eliminating the characteristics of the APP, or to modify or stop offering the SERVICES or any part of such.
5. GUARANTEES AND SUPPORT
5.1. General guarantee against incidents
The USER assumes that the APP and the SERVICES that emerge from it cannot be guaranteed to be free of errors; the existence of such errors not constituting a breach of these T&C.
Likewise, the USER declares to know and accept that, taking into account the multitude of agents that intervene in the provision of the SERVICES (as they have been indicated previously in this document) and of factors beyond its control, TMF will not be liable for any serious or minor incident caused or derived directly or indirectly, by actions or omissions of any other collaborators and external suppliers in the correct functioning of the APP and/or by the occurrence of external factors that are beyond the control of TMF, except for those incidents caused or derived directly or indirectly by actions or omissions of a TMF processor and that could have affected personal data, and always in accordance with current legislation at all times in this matter.
By way of example but not limited to the different factors outside of TMF that may cause an impact on the APP and/or on the USERS, and of which TMF will not respond, the following are indicated below:
(a) Launch by third parties of a new operating system for mobile devices that affects the operation of the APP.
(b) Problems and/or news with certain mobile devices, and in particular with those devices that are less popular among the USER base and/or that come from manufacturers of dubious quality.
(c) Incidents associated with the service provider in charge of sending the SMS with the key to activate any account.
(d) Specific problems that may lead to a lack of reception or late reception of the SMS with the activation key and/or any notification, automatic or not, sent by TMF and/or any of the licensees.
(e) Incidents associated with the provider of the infrastructure used by TMF for the provision of SERVICES.
(f) Problems derived from the mobile phone operator, such as connectivity problems since the APP requires internet connectivity to function.
(g) Errors in the information provided and/or published by any of the licensees, and shown to a USER and/or multiple USERS in the APP and that could cause him/her any damage and/or prejudice whenever, in that case, TMF it is limited to providing through the APP a communication channel with the USERS but in no case does it control the content of the information provided to the USERS by the licensees.
(h) Incidents that do not originate from the APP itself and/or any of TMF’s suppliers and collaborators. In particular, TMF will not be responsible in those cases in which the incident has been derived from a misuse of the APP by the licensee or other malpractice or external event not attributable to TMF.
(i) Causes of force majeure such as natural catastrophe, inability to use TMF facilities, illness or death of key TMF personnel or key personnel of TMF’s collaborators and external suppliers, interruption or fluctuations in the communications network, interruption or fluctuations in the supply of electrical energy and, in general, any external element beyond the control of TMF that prevents it from complying with the obligations that are legally and/or contractually their own.
Unless expressly stated otherwise in these T&C, and to the extent permitted by applicable law, TMF will not be liable to the USER for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, which are derived from the breach of these T&C or as a result of the defective provision of the SERVICES.
TMF does not guarantee the availability, continuity or infallibility of the operation of the APP and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or continuity or failure of the APP and the SERVICES, as well as their content.
5.2. Guarantees on the information provided
The uploading of images to the APP, as well as their content, is exclusively the responsibility of the parties who upload them. In particular, TMF is not responsible, in any case, for the images published by the licensees and other third parties, and those shared by the USERS with the licensees or with other USERS, and also excludes any liability for damages and losses of any nature that could be caused.
TMF and the licensees may make links available to USERS in order to facilitate access to information, services and other third-party content available on the Internet. The links enabled in the APP may lead the USER to other websites managed by third parties, over which TMF does not exercise any type of control. TMF is not responsible for the content of the websites that the USER can access through said links, and declares that in no case will it proceed to examine or exercise any type of control over the content of other sites on the network. The existence of links does not presuppose a relationship of any kind between TMF and the owner of the linked web page, and TMF will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed by middle of the links.
Nor will TMF respond to errors in the information provided by the licensees and other third parties, and shown to the USER in the APP and that could cause any damage and / or harm, since TMF is limited to providing a channel through the APP of communication with USERS but in no case controls the content of the information provided to USERS by the licensees and other third parties. For illustrative and non-limiting purposes, said information may consist of:
- Information about reservations.
- Information displayed in the profile of each event.
- Information about the participation of a USER in an event.
- Information on services and rates and different promotions.
- Content of notifications sent to USERS.
- Contact information.
- Links to systems and services of the licensee outside the APP.
- Other reference information posted by licensees.
5.3. Obligations of licensees
Notwithstanding all this, and given that TMF highly values the quality of the solutions it offers, and specifically the quality of the APP and the good perception of it by USERS, TMF has defined a series of specific obligations of mandatory compliance by licensees whose main purpose is to safely offer an excellent service to USERS. To this end, the licensees undertake to:
(a) Ensure the integrity and confidentiality of the customer identifier used for the activation of each account by the USER, that is, that said identifier is treated in such a way that only the USER in question and those parties involved in the process know said identifier.
(b) Make every effort to ensure that the information provided and communicated to USERS through the APP is true and free from any errors, material or formal (including spelling and formatting) and that the information provided will be updated at all times.
(c) Make every effort to carry out any communication in the language of preference selected at all times by the USER from the options enabled by the licensee.
(d) Make every effort not to send notifications, massive or segmented, of a sexual nature or that incite violence, or that contain foul or inappropriate language, and / or that exceed volumes and frequencies considered reasonable.
(e) Do not edit any field of the USER profile without the prior explicit consent of the USER. Said prior consent will not be necessary when the objective of modifying any of the profile fields is to correct an existing error.
(f) Make every effort to (i) ensure that the APP in general, and the different modules contracted in particular are properly configured at all times and (ii) make good use of the different functionalities and benefits of the APP in order to avoid anomalous behaviors in the APP that could affect the experience of the USERS.
5.4. Technical support
In accordance with these T&C, TMF will be obliged to offer and/or publish in the digital store the new extensions or versions, and other services in relation to the use of the APP or the provision of the SERVICES. In any case, it is the USER’s responsibility to update the APP through the functionalities provided by TMF through the digital store.
In the event that TMF inactivates the APP, the USER will be informed by electronic notification.
In the case of requiring help of any kind, USERS may at any time contact the licensee associated with the account activated for which the help is required, and/or with TMF directly through the channels enabled at any time in the APP and/or by sending an email to firstname.lastname@example.org.
Additionally, both TMF and the licensees may, at their choice, make different tools and materials available to USERS to facilitate said technical support, and which they will be informed of at all times.
6. OBLIGATIONS OF THE USERS
The USER assumes his responsibility for the correct use of the APP. This responsibility will extend to:
- The veracity and legality of the information provided by the USERS in the forms issued by TMF and the licensees for access to, and personalization of, certain content or SERVICES offered.
- The use of the SERVICES, information and data offered in the APP contrary to the provisions of these T&C, the Law, morals, good customs or public order, or that in any other way may involve injury to the rights of third parties or from the USERS themselves.
- Likewise, access to the APP and/or the SERVICES, or its parts, may require that the device be connected to the Internet or need other third-party services. In this case, the USER must comply with the terms of the corresponding third party when using their services. In particular, the USER is responsible for ensuring that the installation and use of the APP do not exceed the data usage quotas or other limitations that may apply to their Internet service or other services purchased from third parties.
Additionally, the USER accepts that he will not be able to:
(a) Use or promote the use of any type of cheats, modifications, exploits or other unauthorized means that may interfere or obtain an undue advantage in the use of the APP and/or its SERVICES;
(b) Attempt to disrupt the normal operation of the APP, or any other infrastructure operated by TMF;
(c) Try to gain unauthorized access to the APP;
(d) Make any automated use of the APP;
(e) Impersonating someone else when using the APP,
(f) Use the APP to violate or attempt to violate applicable law.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1. Rights over the APP and its content
Access to the APP does not grant the USER any right or ownership over the Industrial and Intellectual Property rights of the APP, corporate elements, and elements contained therein (by way of example, the texts, images, logos, distinctive signs, sounds , animations, videos, source code and other content). All rights of use and exploitation of the APP and its contents are reserved.
They will, therefore, be works protected as Intellectual Property by the Spanish legal system, being applicable both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
Any transmission, distribution, reproduction or storage, in whole or in part, made for profit or commercial purposes, of the stored content, as well as the APP, is expressly prohibited, except with the prior and express consent of the rights holder.
The USER agrees to indemnify TMF and/or any licensee against all liabilities, costs, losses, claims and expenses that TMF and/or the licensee may incur with a third party as a result of the breach of any of the provisions of these T&C.
In order to preserve the possible Industrial and Intellectual Property rights, in the event that any USER or a third party considers that there has been a violation of their legitimate rights due to the introduction of certain content in the APP, they must notify said circumstance to TMF, by email to the address email@example.com, indicating:
- The personal data of the interested party who owns the rights allegedly infringed. If the claim is presented by a third party other than the interested party, they must indicate the representation with which they act.
- The contents protected by the rights of Industrial or Intellectual Property, and their location in the APP.
- Accreditation of the aforementioned Industrial or Intellectual Property rights.
- Express declaration in which the interested party is responsible for the veracity of the information provided in the notification.
The legitimacy of the Industrial or Intellectual Property rights corresponding to the content provided by third parties is their sole responsibility.
7.2. Considerations on the “Clapphouse” brand
The USER declares to know and accept that the “Clapphouse” brand and the icon that precedes it is the commercial brand with which TMF currently operates the APP, and that it is duly registered.
To this end, the USER, as necessary, declares to know and accept the power that protects TMF to change the brand with which to exploit the APP without any need to communicate or justify said change.
The USER may only use the different TMF brand assets in accordance with the brand guidelines specified by TMF at all times.
TMF declares that it has adopted all the necessary measures to avoid any damage to USERS that may arise from the use of the APP. Consequently, TMF is not responsible, in any case, for any damages that the USER may suffer from the use of the APP.
Likewise, TMF undertakes to implement the security measures that are required by the applicable regulations and adopt, as far as possible, any additional measures of a technical, administrative, informative or organizational nature that are necessary to comply with the legal requirements on protection. of personal data and in particular, guarantee the security and integrity of such data and its protection against alterations, losses, treatments or unauthorized access.
TMF reserves the right to modify, revise or replace these T&C when it deems it necessary. And the USER will be duly informed of this through the APP and also through other channels as TMF deems appropriate.
Modifications, revisions and substitutions will be effective immediately after their publication on the APP, and may be additionally informed through the website www.clapphouse.golf.
The continued use of the APP or the SERVICES after said notification constitutes your agreement to be limited by the terms and conditions of use of said modified, revised or replaced document, as well as your understanding and acceptance.
Non-acceptance of the modifications entails the loss of the right to use the APP, and therefore the USER must stop using it.
For its part, TMF may not assign or transfer any of its rights or obligations under this document at its sole discretion, and without prior notice.
10. APPLICABLE LAW AND JURISDICTION
These T&C will be governed by the current legislation of the Spanish territory. The parties submit, at their choice and waiving any other jurisdiction, to the Courts and Tribunals of TMF’s domicile for the resolution of conflicts and actions that may be exercised, derived from the provision of the SERVICES and the contents, as well as well as the interpretation, application, compliance or non-compliance with what is established here.
If any provision of this document is declared invalid, in any jurisdiction, said provision of the corresponding jurisdiction, will be applicable so that the provision declared invalid is ineffective to the extent of the prohibition, invalidity or inapplicability, without invalidating the remaining provisions of this document or that affect the validity or applicability of said provision in any other jurisdiction.
Last update: December 8, 2020