Terms of Use

TERMS AND CONDITIONS FOR USE OF HELLO BIRDIE PRODUCTS AND SERVICES

 

The HELLO BIRDIE web sites, mobiles applications and related services are called « Services » in the following terms.

The use of HELLO BIRDIE’s services is subject to the terms and conditions outlined below. In order to sign-up, you need to accept them. We encourage you to read them carefully.

1. DATA POLICY AND PRIVACY

1.1 Your privacy is very important to us. We follow and comply with the 2016/679 EU Regulation (GDPR). The General Data Protection Regulation is a regulation on data protection and privacy for individuals.

1.2 Please refer to our Privacy Notice for further information on the personal data we collect, our use hereof and your rights.

2. COOKIES

2.1 We use cookies to improve your user experience. Please refer to our Cookies Policy for further information on the cookies used by HELLO BIRDIE.

3. SAFETY

3.1 We do our best to keep your HELLO BIRDIE account safe. However, we need your help to keep your HELLO BIRDIE account safe, which includes the following commitments by you:

4. REGISTRATION AND ACCOUNT SECURITY

4.1 Here are some commitments you make to us relating to registering and maintaining the security of your account:

5. PROTECTING OTHER PEOPLE’S RIGHTS

5.1 We respect other people’s rights, and expect you to do the same.

6. SPECIAL PROVISIONS APPLICABLE TO SOFTWARE

6.1 If you download and use our  app, you agree that from time to time, the software may download and install upgrades, updates (including license change) and additional features from us in order to improve, enhance, and further develop the software.

6.2 You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

7. PROMOTIONAL E-MAILS

7.1 If you consent to this specifically, we may send you promotional material via e-mails as well as messages sent to your personal message board at your HELLO BIRDIE account with golf related offers and information. The offers may be personalized, aimed at your specific player profile.

7.2 You can always withdraw your consent through a link in any HELLO BIRDIE communication.

8. USE OF HELLO BIRDIE ACCOUNT

8.1 Each account is for the exclusive use of the named member. You are solely responsible for maintaining the confidentiality of your password, and for restricting access to your account.

8.2 Only registered users have access to HELLO BIRDIE accounts. Users are not allowed to link to any pages of the website that are protected by password or in any other way to give third parties access to this part of the website or the information on the pages.

8.3 Any unauthorized use or abuse by you may imply that your user profile and access to your HELLO BIRDIE account may be terminated (for exemple, we will limit the number of gameplans set in the app to a level which can be effectively played by a single individual golf player within a month period). HELLO BIRDIE reserves the right to terminate accounts or remove or edit content, in our sole discretion. If we terminate your account, you will not create another one without our permission.

8.4 Although HELLO BIRDIE attempts to ensure that all information contained on our website is correct and complete, we accept no liability for errors or omissions, and we reserve the right to change or alter content at any time.

8.5 HELLO BIRDIE reserves the right to make changes to the App, website and these terms and conditions at any time without notice. We recommend that you check these terms and conditions regularly. If you choose to continue to use the website, you agree that by doing so you accept the new terms and conditions.

8.6 Hello birdie holds full copyright, title and any other right, including design and trademark rights, to HELLO BIRDIE App and the website hello-birdie.com and other websites owned by HELLO BIRDIE including any updates and modifications thereto.

8.7 You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize HELLO BIRDIE to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

8.8 By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

9. INDEMNIFICATION

9.1 If anyone brings a claim against us related to your actions, content or information on your HELLO BIRDIE account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

9.2 Although we provide rules for user conduct in these terms and conditions, we do not control or direct users’ actions on their HELLO BIRDIE account and are not responsible for the content or information users transmit or share via their HELLO BIRDIE accounts.

10. LIMITATION OF LIABILITY

10.1 We will use reasonable skill and care in providing the HELLO BIRDIE account to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that your HELLO BIRDIE account will always function without disruptions, delays or imperfections.

10.2 HELLO BIRDIE’s liability cannot exceed the amount you have paid us in the last 12 months.

10.3 HELLO BIRDIE is liable for direct losses only and shall in no event be liable for any consequential loss, loss of profits, loss of data or any other indirect losses.

11. OTHER

11.1 These terms and conditions make up the entire agreement between the parties regarding use of your HELLO BIRDIE account, and supersede any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

11.2 If we fail to enforce any of our rights under these terms and conditions, it will not be considered a waiver.

11.3 You will not transfer any of your rights or obligations under these terms and conditions to anyone else without our consent.

11.4 All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

11.5 Nothing in these terms and conditions shall prevent us from complying with the law.

11.6 These terms and conditions do not confer any third party beneficiary rights.

11.7 You will comply with all applicable laws when using or accessing your HELLO BIRDIE account.

12. DISPUTE RESOLUTION

12.1 French law shall govern this agreement. Any dispute that might arise will be subject to the exclusive jurisdiction of the Commercial Court of Paris, even in the case of the introduction of third parties, interlocutory application or multiple defendants. Notwithstanding the just said, HELLO BIRDIE is entitled to bring any such disputes before courts of law within the user’s jurisdiction, including for the purposes of enforcing its rights under the agreement.

12.2 If any portion of these terms and conditions is deemed void or unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

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Stay updated on these terms and conditions and any changes thereto, which are made available on this site.

Dernière mise à jour: 03/08/2018