TERMS OF SERVICE
TrackMan provides its services to you subject to the following conditions. Before you may use TrackMan Range ("TrackMan") or MyTrackMan.com and other associated websites ("the Website"), you must read and accept all of the terms and conditions in this Terms of Service ("Terms of Service"). If you do not agree to be bound by these Terms of Service, you may not use TrackMan or the Website in any way.
1. Physical condition. The services provided by TrackMan using TrackMan and the Website are designed for your enjoyment. Golf is a physical activity. You are responsible for determining whether you are in appropriate physical condition to participate. If you are in doubt, consult your physician. TrackMan TAKES NO RESPONSIBILITY FOR ANY INJURIES YOU MAY SUFFER PARTICIPATING IN THIS ACTIVITY.
2. Limitation on Use. TrackMan and the Website are intended for use by users over the age of 13. Use of TrackMan and the Website by children under 13 is not authorized. User must be the named account holder of the credit card, other entry identification card, or equivalent form of identification utilized in the account registration process. User must be a citizen of a country in which use of TrackMan and the Website is allowed and must be physically located in a jurisdiction in which use of TrackMan and the Website is not prohibited by law.
3. Intellectual Property and Trademarks. TrackMan holds full copyright, title and any other right to TrackMan and the Website, including any and all updates and modifications thereto and any and all derivative works thereof. All trademarks appearing on TrackMan or the Website are the property of their respective owners. The Website contains material which is owned by or licensed to TrackMan. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
4. License and Website Access. TrackMan grants you a limited license to access and make personal use of TrackMan and the Website. This license does not include any downloading or copying of account information for the benefit of any third party; linking to any internal or subsidiary pages of the Website located one or several levels down from the main page ("deep linking"); any action that imposes or may impose (in TrackMan's sole discretion) an unreasonable or disproportionately large load on TrackMan's infrastructure; or any use of data mining, robots, screen scrapes or similar data gathering and extraction tools. You may not bypass any measures used by TrackMan to prevent or restrict access to the website(s). Any unauthorized use by you shall terminate the permission or license granted to you by TrackMan. When you use our Website we may collect information about your computer, including (where available) your IP address, operating system, and browser type, for system administration and to report aggregate information. For the same reason, we may obtain information about your general internet usage but using a cookie file. This will help us improve our Website and deliver a better and more personalized service. You may refuse to accept cookies by activating the setting on your browser.
5. Your Account. Each account is for the exclusive use of the named member. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to exit from your account at the end of each session. You agree to notify TrackMan immediately of any unauthorized use of your account or any other breach of security. TrackMan reserves the right to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
6. Accuracy of Information. You represent and warrant that all information you supply to TrackMan is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate suspensions and/or termination of your account.
7. Availability. TrackMan cannot guarantee the availability of TrackMan and reserves the right to suspend or remove TrackMan from any location at any time.
8. Account Termination. TrackMan reserves the right to terminate you account without refund under the following conditions:
a. Abuse. TrackMan reserves the right to investigate abuse and/or suspected abuse, on a case-by-case basis and to terminate or suspend an individual's ability to use any TrackMan product or service. TrackMan reserves the right to lift the suspension of a user at any time, at its sole discretion. Termination may result in the immediate closure of the account, and a prohibition against any future membership.
b. Inactivity. TrackMan may terminate your account without refund, with or without prior notice, if you account remains inactive for 180 days
c. Discontinued. If TrackMan Range is to be discontinued at your local range for any reason, you will be given 3 months notice to use the balance of your account. Any credits not used by the end of the notice period will be forfeited without refund.
9. Electronic Communication. You accept that TrackMan or your local driving range where you play TrackMan may contact you via e-mail or SMS with information about TrackMan products, offers regarding TrackMan, invitations to TrackMan competitions and other marketing related activities regarding TrackMan. You also accept that TrackMan may use all types of transactions on my MyTrackMan.com in all marketing activities towards me. You can anytime on MyTrackMan.com cancel this permission, if you don't want to receive e-mail marketing or SMS from TrackMan.
10. Disclaimer of Warranty. TrackMan makes no warranties with respect to TrackMan or any product or services offered on the Website. All products and services provided by TrackMan are provided to you "AS IS" without warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. Under no circumstance with TrackMan be liable for any loss or damage caused by your use of TrackMan or the Website. It is your responsibility to evaluate the accuracy, or completeness or usefulness of any opinion, advice or other content available on TrackMan or the Website.
11. Technical Malfunction. TrackMan has undertaken all efforts possible to reduce the risk of a technical malfunction during use of TrackMan or the Website. Should users experience technical difficulties that result in loss of credits on a user's account, user should make a written request for a refund, either at the Range venue or directly to TrackMan, quoting: user name, relevant ticket number if applicable, name and postal address, phone number, email, and description of problem. TrackMan or Range venue is not responsible for any other loss associated with a technical malfunction, including but not limited to miscalculation of score, prematurely ended games, and loss of data.
12. Accuracy. Although TrackMan attempts to ensure that all information contained on TrackMan and The Website is correct and complete, we accept no liability for errors or omissions, and reserve the right to change or alter the content at anytime.
13. Indemnity. You agree to indemnify and hold TrackMan (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of this Terms of Service, or your violation of any law or the rights of a third party.
14. Modification Policy. TrackMan reserves the right to make changes to TrackMan, the Website, and this Terms of Service at any time without notice. We recommend that you check these Terms of Service regularly. If you choose to continue using TrackMan or the Website, you agree that by doing so you will be deemed to accept the new Terms of Service.
15. Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.
16. Legality. You are subject to all laws of the local and/or other jurisdiction in which you reside and from which you use TrackMan or the Website, and are solely responsible for obeying those laws and regulations. You agree that TrackMan cannot be held liable if laws and regulations applicable to you restrict or prohibit your participation. TrackMan makes no representations or warranties, implicit or explicit, as to your legal right to use any product or service offered by TrackMan nor shall any person affiliated, or claiming affiliation, with TrackMan have authority to make any such representations or warranties.
17. Applicable Law and Venue. The law of the Kingdom of Denmark shall govern the Agreement. However, the provisions of the United Nations Convention on the International Sale of Goods shall not apply. Any disputes or claims arising out of or in the connection with the Agreement may be brought before the ordinary courts of law with the Maritime and Commercial Court ("Sø- og Handelsretten") in Copenhagen, Denmark, being the first instance venue. Notwithstanding the just said, TrackMan shall be entitled to bring any such disputes before courts of law within the Buyer's jurisdiction, including for the purposes of enforcing its rights under the Agreement.
When you buy a product or service from TrackMan, we may share your Personal Information with one of our business partners as necessary to provide and support that product or service. We may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third party vendors, but these statistics do not include Personal Information. We may disclose Personal Information we collect from you if required to do so by law or in the good-faith belief that disclosure is necessary (a) to obey the law or comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property or the rights or property of other users of our website; or (c) to act in an emergency to protect the personal safety of users of our website or the public. If all or part of our company is sold, merged, or otherwise transferred to another entity, we may transfer your Personal Information to that entity as part of that transaction.
20. Entire Agreement. These Terms and Conditions, in connection with such other obligations, rules, terms, and conditions, if any, detailed in writing at www.MyTrackMan.com, constitute the entire agreement between you and TrackMan and cannot be modified by you. Nothing in this subsection shall be construed to prevent TrackMan from modifying these Terms and Conditions.
21. Severability. 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.
22. Rules. The full Game Rules for TrackMan Range Golf and the latest version of these Terms and Conditions are available online at http://mytrackman.com
23. About TrackMan. TrackMan is owned by TrackMan A/S, a company registered in Denmark whose registered office is Stubbeled 2, DK-2950 Vedbæk, Denmark.
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YOUR TRACKMAN ACCOUNT
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