Entry into force: 18th May 2022
The mobile application Hello Birdie (hereinafter referred to as the “Application”) is aimed at enabling its users (hereinafter referred to as the “Users”) to get the most of their golf experience by using their current and predictive capabilities to drive their golf game on any golf course.
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided on the Application (hereinafter referred to as the “Services“) as well as to define the rights and obligations of the various parties within this context.
The company Hello Birdie also offers a website https://www.hello-birdie.com/ – or sub-domains of hello-birdie.com – through which Users can get access to additional Services and in particular information on his golf performances (hereinafter referred to as the “Website”). These General Terms and Conditions also define the terms and conditions of use of these Services.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Application.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
The Application is managed by the company Hello Birdie, a French Simplified Joint Stock Company (“Société par actions simplifiée”) with a registered capital of EUR 9 296, registered under number 828790907 with the Registry of Trade and Companies of Paris, whose head office is located at 9 passage des Marais, 75010 Paris (hereinafter referred to as “Hello Birdie“).
Hello Birdie can be contacted, including for any claim, through any of the following channels:
Street Address: 9 passage des Marais, 75010 Paris
Email address: legal@hello-birdie.com
The Application can be accessed by:
– Any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Application with the agreement of their legal representative.
– Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
The Application is intended exclusively for private individuals and is not meant for professional use, understood as any use directly or indirectly linked to a regular remunerated activity in any branch of trade or industry.
These General Terms and Conditions can be accepted by checking a checkbox in the registration form. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Application or use the Services through the Website.
In order to use the Services, the User must download the Application through the store of the Third-Party Entity by completing the registration form and complying with any required process. Users must provide all information that is marked as being required. Incomplete registrations shall not be validated.
The User may also be registered on one of the third-party sites that are indicated on the Application and use their connection ID for the said third party site to register on the Application. In this case, Users must provide Hello Birdie with the additional information requested where appropriate. Users expressly authorize Hello Birdie to access their account details for the third-party site in question.
In either case, Users must provide Hello Birdie with all information that is marked as required. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the Users’ name (hereinafter referred to as the “Account“), giving Users access to their own personal space (hereinafter referred to as the “Personal Space“) which shall enable them to use the Services in a format and according to the technical means that Hello Birdie deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form or they provide through the abovementioned third-party sites is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Personal Space by logging in to the Application, using their connection ID and their password.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Application with these ID and password are deemed to be made by them. Users must contact Hello Birdie immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge Hello Birdie’s right to take all measures it deems appropriate in a case such as this.
Users have access to the following Services, in a format and according to the technical means that Hello Birdie deems the most appropriate.
Users have a profile page (hereinafter referred to as the « Profile ») on which they fill all requested information in particular with regards to their identity and their golf practice.
Users expressly acknowledge and accept that the information they give with regards to their golf practice will be used by Hello Birdie to personalize the Services to the User.
The Application provides several features allowing the User to enjoy golf better by planning its golf game in detail including:
– Definition of a strategic game plan that is individualized to the User,
– During the round of golf, real-time recommendations based on the golf course and playing conditions,
– Access to statistics concerning Users’ game, in a format and according to the technical means that Hello Birdie deems the most appropriate.
Users acknowledge and accept that some Services may only be available directly through the Website. The conditions of access to these Services are detailed on the Website.
Hello Birdie reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
Users acknowledge and accept that Services listed above are described for information purposes only and that the access to certain Services require a Subscription.
Users are expressly informed and accept that all payments and subscriptions made through the Application are handled by a third-party Entity (hereinafter referred to as: « the Third-Party Entity »).
Users contract directly with the Third-Party Entity, as regards the implementation of these payments, by accepting the Third-Party Entity’s general terms and conditions when they create their account with this Third-Party Entity.
The detailed prices of the Services, the conditions regarding the available subscriptions (hereinafter referred to as the « Subscriptions ») and the right of withdrawal are indicated in the Third-Party Entity’s general terms and conditions. For information purposes only, some of the prices are indicated in the Service packages, available on the Website.
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users are solely responsible for the use of the Application and in particular the information he chooses to transmit through the Application.
Each User is solely responsible for successfully completing all necessary administrative, tax and/or social formalities, as well as for the payment of contributions and taxes of all types concerning them that could result from their use of the Services. Hello Birdie shall in no case be held liable in this respect.
Users acknowledge having read on the Application and Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
Users undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate or assign all or part of their rights or obligations under the present general terms and conditions of use to any third party, in any way.
Users agree to provide Hello Birdie with all information necessary for the proper performance of the Services. More generally, Users agree to actively cooperate with Hello Birdie with a view to ensuring the proper performance of this agreement.
Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and / or image chosen by the User to identify themselves on the Application), that they broadcast or publicize within the framework of the Services (hereinafter referred to as the “Content“).
Each User guarantees Hello Birdie that the former has all the necessary rights and authorizations for the publication of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of Hello Birdie into play.
Users therefore agree to refrain from publishing, in particular, but not limited to:
– Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature,
– Counterfeit Content,
– Content that is detrimental to the image of any third party,
– Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities,
– Content that could harm a third party’s computer system (such as viruses, worms, Trojan horses, etc.),
– And, more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
Users expressly grant to Hello Birdie the right to use their profile image, for purposes of illustration on the Application or promotion of the Services, by any means and on any media whatsoever, for the entire world and for the term of their registration on the Application. Such right is granted free of charge.
Users must take all necessary measures to back up through their own resources the information they deem necessary in their Personal Space, as no copy of this information shall be provided to them.
Users expressly acknowledge that the use of the Services requires that they should be connected to the internet and that they are solely responsible for such connection.
Users acknowledge and accept that Hello Birdie cannot be held liable in case of material and immaterial damages or accidents that could arise from the use of the Services by Users, in particular within the framework of the User’s golf games.
Each User agrees to defend, indemnify and hold Hello Birdie harmless from and against any claims, demands, actions and/or grievances whatsoever, that Hello Birdie could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.
Users agree to compensate Hello Birdie for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
It is strictly prohibited to use the Services to the following ends:
– Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
– Violating public order or any local policy or laws,
– Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
– Sending unsolicited emails and / or prospecting or commercial solicitation,
– Tampering with the aim to improve referencing of another site,
– Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
– And more generally, any action that uses the Services for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of Hello Birdie’s Application.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Hello Birdie’s IT systems, (iii) any hijacking of the Application system resources, (iv) any acts that would place a disproportionate load on the Application’s infrastructure, (v) any attempts to breach the Application’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Hello Birdie or of the Users of its Services and finally, more generally, (vii) any breach of these General Terms and Conditions of Use.
It is strictly prohibited to make money from, sell or concede all or part of one’s access to the Services or to the information that is hosted and / or shared on the Application.
In the event of a breach by a User of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, Hello Birdie reserves the right to take any measures it deems appropriate and in particular:
– to suspend or cancel access to the Application and the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
– to delete all content placed by the latter online on the User Account,
– to inform any relevant authorities,
– to commence and prosecute any legal proceedings.
Hello Birdie agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
Hello Birdie has no knowledge of Content posted online by Users within the context of the Services, and shall not moderate, select, check or monitor in any way this Content, with regard to which Hello Birdie only intervenes within the role of hosting provider.
Consequently, Hello Birdie cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can however be the subject of a complaint to Hello Birdie within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, Hello Birdie reserving the right to take the measures set forth in these General Terms and Conditions.
However, in order to constantly improve the quality of the Services, Hello Birdie invites Users to submit all comments and information that they may wish to bring to its attention concerning the quality of transactions made using the Services.
Hello Birdie assumes no responsibility in the event that any information from the Personal Space of a User is lost. Users should keep a backup copy and shall not be able to claim for any damages caused by any loss of this information.
Hello Birdie agrees to regularly check that the Application is operational and can be accessed. To this end, Hello Birdie reserves the right to interrupt access to the Application momentarily for maintenance purposes. In the same way, Hello Birdie shall not be held liable if the Services are ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Hello Birdie’s control, force majeure, or due to any disruption in the telecommunications network.
Hello Birdie does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
In any event, any liability that could be incurred by Hello Birdie within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users is expressly limited to the total amount received by the Third-Party Entity in respect of the last 12 months of Subscription.
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Hello Birdie on the Application and the Website are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Hello Birdie’s authorization, is strictly prohibited and could lead to prosecution.
Hello Birdie practises a policy of protection of personal data, the characteristics of which are detailed in the document “Privacy Policy “, which Users are expressly invited to read.
Hello Birdie may insert advertising or promotional messages on any page of the Application or in any communication sent to Users, in a format and according to the conditions, that Hello Birdie solely deems appropriate.
Hello Birdie can in no way be held liable for any failure in the use of the Application due to the use of the golf courses’ information or other data made available by third parties (including its potential partners).
In particular, Hello Birdie can in no way be held liable for the technical availability or unavailability of Internet sites, services or mobile applications operated by third parties which Users would access directly in the Application or through links within the Application.
By using certain of the Services connecting to third-party sites, Users agree to be bound by this third-party sites additional Terms of service (including their Privacy Policy) in connection with their use of such services.
Hello Birdie shall not be liable for content, advertisements, products and / or services available on such third party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
Hello Birdie shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Application and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
Users can opt out of the Services at any time from their Personal Space.
Hello Birdie reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments by email.
Any User who does not agree with the amended General Terms and Conditions of Use must unsubscribe from the Services according to the provisions set out in Article “Term of the Services, cancellation”.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
Users acknowledge and accept that the present General Terms and Conditions only concern the use of the Services and that they must refer to the general terms and conditions of the Third-Party Entity to know the conditions of cancellation of their Subscription where necessary.
If any of the stipulations of these General Terms and Conditions are deemed invalid or inapplicable, the other stipulations shall nevertheless remain in full force and effect.
Users acknowledge and accept that these General Terms and Conditions shall not be affected in the event of a change of control of Hello Birdie (within the meaning of Article L. 233-3 of the French Commercial Code) or the absorption of Hello Birdie by another entity.
In the event of a translation of these General Terms and Conditions of Use into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
In the event of any dispute with Hello Birdie, in relation with these General Terms and Conditions, Users have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement, pursuant to articles L611-1 et seq. and articles R152-1 et seq. of the French Consumer Code.
To this end, Users may contact the following consumer mediator:
Centre de médiation et de règlement amiable des huissiers de justice (Medicys – Mediation and Amicable Resolution Center of Judicial Officers)
Street address: 73 Boulevard de Clichy, 75009 Paris (France)
Email address: contact@medicys.fr
Telephone: (33) 1 49 70 15 93
These General Terms and Conditions of Use are governed by French law.
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