Terms of Service

You must read and accept these terms for the use of all services provided to you by VPAR Ltd via the app or the website www.vpar.com.

Thanks for using VPAR.

Please read these terms and conditions carefully. By using VPAR or signing up for an account you’re agreeing to these Terms. We’ll start with the basics, including a few definitions that should help you understand this agreement. VPAR (“VPAR” or the “Service”) is a golfing service offered through the website at http://www.vpar.com, and through an iOS and Android app (we’ll refer to it as the “Service”) that allows you to score, manage, record and analyze your golf games. VPAR includes VPAR Inc, our wholly owned US subsidiary and which is owned and operated by VPAR Ltd, registered in England and Wales with company registration number 06581897, having its registered and trading address at Rosedale Studios, Rosedale Road, Richmond TW9 2SX, United Kingdom (referred to as “VPAR”, “we” or “us”). VPAR has employees, independent contractors, and representatives (“our Team”). As a customer of the Service you’re a “Member” according to this agreement (or “you”). These Terms of Use (“Terms,” including our Privacy Notice) define the terms and conditions under which you’re allowed to use VPAR, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us. All services are provided and accessed by you via the apps on a smartphone or a web browser on an applicable device (PC, mobile phone etc.) of your own choice. The Service is provided in accordance with UK law and any disputes shall be dealt with by the English courts.

Payments

The VPAR app is free to download and use. You can pay to be part of Club VPAR, which offers real value through benefits, discounts and other services described on our site from time to time. To use our Service you need to be at least 16 years old. Information and fees for all paid services is available at www.club.vpar.com. If you choose a paid service, you are responsible for paying all fees and applicable taxes associated with the paid services in a timely manner with a valid payment method. You authorize VPAR, via our payment gateway, Stripe, to charge your debit/credit card or PayPal account for all charges to your accounts. When you provide such a payment method to VPAR, you confirm that you are permitted to use that payment method. You also authorize VPAR to collect it, along with other related transaction information. If your payment fails or your account is past due, you agree to pay all amounts due on your account upon demand and reimburse VPAR for any costs and expenses related to the overdue payment. VPAR may also collect fees owed using other collection mechanisms. In case of payment failure, VPAR may at any time without notice suspend, terminate or delete your account. You agree to submit any disputes regarding any charge to your account in writing to VPAR within thirty days of such charge

Intellectual Property Rights

All contents featured or displayed on the Service, including but not limited to logos, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software are the property of VPAR or VPAR's business partners and are protected under law. In the event you download software (including but not limited to mobile phone applications, screensavers, icons, videos and wallpapers) from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the "Software") are licensed to you by VPAR. VPAR does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Unauthorised reproduction, distribution or public display of the Service or any parts thereof or the Software is contrary to the Copyright Act and may result in civil and criminal sanctions. Nor is it permitted to remove messages or material available concerning copyright or the like from the Service. Downloading and other digital reproduction of the Service contents or any parts thereof of the Software are only permitted for personal, non-commercial use, unless otherwise agreed with VPAR. No reproduction of the Service contents by use of proxy servers is permitted

Exclusion of liability

The information, services and Software on the Service is provided without any express or implied warranty of its correctness or completeness. VPAR is also entitled to change, suspend or withdraw the contents of or any services, products described on the Service at any time without prior notice. VPAR is not liable for any communications between VPAR and you. If links are established to a third-party app or website, VPAR is not liable for the contents of such third-party sites. This includes links to partner's site that may use VPAR's logos as part of a co-branding or other agreement. VPAR cannot in any event be held liable in damages for any use of the Service or software, including loss of income, business interruptions, loss of data, operational failures or similar losses

User submissions and Misuse

All materials, information or other communications submitted by you on the Service will be considered non-confidential and non-exclusive and will not entitle the submitters to royalties. VPAR will be providing interactive areas on the Service and allow users to post to social media sites, including, but not limited to Facebook and Twitter, (“Social Sites”) in which users may transmit or post communications and upload items. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person who posted or transmitted the Content. This means that you, and not VPAR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. VPAR does not control the Content posted via the Service or Social Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will VPAR be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. VPAR does not claim ownership of any Content submitted and you do not have to submit anything to us, but if you choose to submit something (including any user generated content, feedback, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, modify, further develop, prepare derivative works of, improve, distribute, publish, display, remove, retain, add, and use, distribute, sell, sublicense, commercialize and otherwise exploit, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. VPAR exercises no control over any Content you or others submit while using the Service. VPAR has no obligation to verify the identity of any users when they are connected to the Service or to supervise the Content which has been provided by users. VPAR does not, and cannot, pre-screen or monitor or moderate any or all Content provided by you. Your use of the VPAR service is at your own risk. You bear all risks associated with the use of any Content provided by users available in connection with the Service. VPAR reserves the right to delete from the Service any of your submissions, Content, postings or member names that violate this agreement or are in any way objectionable in VPAR’s sole discretion. VPAR will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violators, up to and including complete and immediate termination of your registration and/or accounts with VPAR. You acknowledge that VPAR does not pre-screen and / or moderate content. You are prohibited from using the Service to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasion of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Any perceived violation in the absolute discretion of VPAR and VPAR can remove or suspend your account. You are also prohibited from using the Service to advertise or perform any commercial solicitation

Privacy and personal data

VPAR respects the privacy of the visitors to the VPAR app and its website www.vpar.com (hereinafter referred to as the "Service") and takes great care to protect your personal data. To this end, please see here our Privacy Notice - https://www.vpar.com/privacy-notice

Children

VPAR are committed to looking after our children; given the rightly onerous implications of allowing children to use any data driven service, we are currently not inviting individuals under the age of 16 to use VPAR. We hope that we will be able to change this sometime in the future.

Third Parties

Third party products and services made available on the Service are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with VPAR. Your interaction with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obliged to use or transact business with any third party that appears on VPAR. YOU AGREE THAT VPAR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICE. VPAR or third parties may provide links to other internet sites or resources through the Service. VPAR does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that VPAR is not responsible for the availability of such external sites or resources.

Electronic Communications

The app may provide you with the ability to send or post messages or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or VPAR. You agree to use communication methods available on the Service only to send communications and materials related to the subject matter for which VPAR provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by VPAR (unless expressly stated otherwise by VPAR) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by VPAR in any manner, though VPAR reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Miscellaneous

VPAR are entitled to revise these terms and conditions at any time. VPAR reserves the right, at its own discretion and without notice, to remove information from the Service and to discontinue the Service.

Invalidity

Should any part of these terms and conditions be deemed unlawful or invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the terms and conditions.

Mobile Data Usage

VPAR is not liable for any cost related to data traffic due to use of VPAR.

Force Majeure

VPAR won’t be held liable for any delays or failure in the performance of any part of the Service from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. Congratulations! You’ve reached the end. Now we hope you will get out there, in the fresh air, and play some golf.

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