Terms and Conditions

Terms of using our service

By accessing our website or mobile app, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

Current as of 1 June 2023

General provisions

These regulations (hereinafter: "Regulations") define the terms, conditions and scope of using the Albatros Golf mobile app intended for use on mobile devices with the iOS or Android operating system (hereinafter:"App") and constitute regulations within the meaning of Article 8 ofthe Act of July 18, 2002 on the provision of electronic services.
The owner and operator of the App and website, as well as the service provider is Albatros Golf Spółka z ograniczoną odpowiedzialnością with its registered office in Lublin, Frezerów 3, 20-209 Lublin, Poland, entered in the Register of entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, Court registry number 0000857193, NIP (tax identification number): 9462699683, REGON (National Business Registry Number): 386864419, e–mail address: contact@albatros.golf (hereinafter: "Operator").
The User of the App, within the meaning of the Regulations, is a person who, through the App installed on his/hers own mobile device, uses the functionalities offered by the App (hereinafter: "The User").
The services provided through the App include in particular:

a. saving the results of golf rounds (sports games),
b. keeping statistics from games,
c. the opportunity to learn the game based on original training programs and golf exercises,
d. the ability to check your position on the golf course / holes,
e. providing golf hints (strategy, selection of golf clubs, distance measurement, etc.),
f. adjusting training plans to the user's game level,
g. building an User community.
Upon the acceptance of these Regulations by the User, he or she concludes an agreement with the Operator for the provision of electronic services as part of the use of the App.
The operator is entitled to terminate the contract and cease providing services with immediate effect, if it is found that the User's actions are inconsistent with applicable law, are intended to circumvent it or are aimed at causing damage to other Users.
Downloading the Application, as well as using the basic services offered through it, referred to in sec. 8 below is free.
The free version of the Application allows you to enter game results along with statistics. Access to other functionalities of the application is granted only to Users who have purchased a subscription. A user who has not purchased a subscription is entitled to access the full functionality of the Application only during the 14-day trial period.
The Operator allows the possibility of introducing paid, additional functionalities when making subsequent updates of the App or the Device software. The paid functionalities of the Device will be clearly marked so that the User has full knowledge of the amount of costs incurred in connection with the use of the paid functionalities of the Device.
The costs of data transmission required to download, install, run and use the App are covered by the Users on their own, on the basis of contracts concluded with telecommunications operators or other internet service providers. The User is responsible for any payment for the use of data transmission necessary to use the App. The Operator recommends the App Users to use the App or operating system functions consisting in measuring the amount of data transferred.

Technical requirements and rules of access to the app

The App is available to all people using mobile devices that meet the technical requirements indicated below.
The Internet connection must be activated for the App to run and work properly.
To use the functionality of the App, the User should register in advance via the App.
The Operator reserves the right to carry out maintenance and update works on the App. The operator will make every effort to ensure that the indicated works are carried out in the shortest possible time.

User registration

During the first launch of the App, the User is obliged to undergo the registration process in the App, consisting in setting up an individual User account (hereinafter: "Registration").
To register, the User is required to provide the following data:

a. Email address,
b. Name and Surname,
c. Date of birth / age,
d. Sex,
e. Handicap (HCP = golf / sport value),
f. City / Town,
g. Country,
h. Geolocation (permission for GPS location required),
i. Profile photo.
To register, the User must confirm that he or she has read the Regulations and accepts its content.
The User has the right to edit his/hers data provided during Registration and to change the password set during Registration. Editing data and changing the password is possible via the App.
During Registration, as well as in connection with the use of the App, the User is obliged to:

a. provide truthful, accurate and up-to-date and not misleading data;
b. updating the data provided during Registration in the event of their later change; data are updated within the App settings;
c. keep the password to log in to the App in secret and not share it with other people.
The Operator may extend the registration form with additional fields, the completion of which by the User is voluntary (optional data) and has no effect on the successful completion of the Registration process.
The User is solely responsible for the correctness of the data provided by him or her. The operator is not responsible for the consequences of the User disclosing login data to third parties.
The Operator informs that it does not verify the Users' identity in any way during their Registration. In case of justified doubts as to the truthfulness of the data provided by the User during Registration, the Operator reserves the right to limit the User's use of the App until the User confirms that he or she has provided true data. The Operator will indicate to the User the method of confirming the data by means of a message sent to the email address provided by the User during Registration.

Rules of using the app

The App enables Users:

a. recording game results,
b. keeping game statistics,
c. filtering the game’s results,
d. searching for results from game history,
e. searching for golf courses from the App database (also after its geolocation),
f. using educational content (exercises / training),
g. keeping game development statistics based on training,
h. work on training goals to change the User's actual handicap,
i. sharing the results of games with friends / the community of the App.
Users are obliged in particular to:

a. use the App in a way that does not interfere with its functioning;
b. use the App in a way that is not inconvenient for other Users and the Operator, with respect for the personal rights of third parties and any other rights they are entitled to;
c. use any information and materials made available through the App only within the scope of fair use.
Users are obliged to immediately notify the Operator of any violation of their rights in connection with the use of the App.
In order to enable the correct use of the App, the Users should accept the acceptance of push notifications regarding the services provided by the App.

Payments

For the User's use of the full functionality of the Application, the Operator will be entitled to remuneration specified in the Price List, constituting an appendix to the Regulations. Changing the content of the Price List does not constitute a change to the Regulations.
Any changes to the Price List are effective in the month following the month in which the change was made and after notifying the Users about the change, but for the effectiveness of the notification it is enough to send this information to the User’s registration e-mail address.
Payment of remuneration will be made via the Google Store, iTunes Store or App Store platforms, or directly to the Operator, with the participation of the entity servicing online payments.
The rules and regulations for paying fees via (a.) Google Store, (b) iTunes Store can be found at the following links:

a) https://store.google.com/intl/en_us/about/device-terms/
b) https://www.apple.com/legal/internet-services/itunes/us/terms.html
The User has the option to buy (i) monthly or (ii) annual subscription. At the end of the purchased period, the subscription is automatically extended for the next monthly or annual period. In this case, the Operator is entitled to charge another fee.
Depending on the choice of the User referred to in sec. 5 above, fees are charged for each commenced month or year of using the application.
The User is entitled to unsubscribe. If you unsubscribe, you will not be charged after the end of the purchased period.
Payment of remuneration directly to the Operator will be made "in advance", on the basis of the bill / invoice issued by the Operator.
The User agrees to send the bill / invoice referred to in sec. 8 above, by e-mail to the User's e-mail address provided during registration.
Termination of the contract or cessation of using the services by the User does not result in the Operator having to return the due remuneration.

Operator's liability

The Operator conducts ongoing supervision over the technical functioning of the App, ensuring its correct operation.

The User uses the App voluntarily, on his own responsibility and should ensure the proper functioning of the App to the extent that it is dependent on the User (e.g. proper functioning of the mobile device, App of settings enabling receiving current notifications from the App, etc.). Providers are responsible for the operation of services, Apps and websites other than the App.

The Operator is not responsible for any limitations or technical problems in ICT systems used by Users' mobile devices, which prevent or limit Users from using the App and the services offered through it.

The Operator is not liable for damage or infringement of the rights of third parties, the User or the Users, resulting from actions or omissions committed by the User while using the App.

The operator is not responsible for the incorrect provision of the service caused:

a. failure to meet the technical requirements necessary to use the App,
b. actions of third parties,
c. reasons beyond the Operator's control.

Termination of the use of the app

A User who is a consumer may, within 14 days from the date of concluding the contract for the provision of services, submit a declaration of withdrawal from the contract without giving any reason via the application. The submission of the above statement is possible via the appropriate form available in the Application.

Users may stop using the App at any time, in particular, if they do not accept the changes introduced to the Regulations, the Privacy Policy or the App update. The cessation of the use of the App requires the deactivation of the User account via the appropriate form available in the App.

If it is found that the User is committing activities prohibited by law or the Regulations, or violating the principles of social coexistence or detrimental to the justified interest of the Operator, in particular it’s good name, the Operator may take all lawful actions, including limiting the user's ability to use the App and services provided through it.

Privacy policy

The administrator of personal data provided by the User is the Operator.

By accepting these Regulations, the User agrees to the processing of his data provided during registration and while using the App.

Details regarding the protection of personal data and the scope in which they are processed, as well as the User's rights are set out in the Privacy Policy available at: www.albatros.golf/privacy-policy

Complaints

All complaints related to the use of the App and the provision of services through it, as well as questions regarding the use of the App should be directed to the Operator at the e-mail address at: contact@albatros.golf.

The complaint should include: name, surname, telephone number and e-mail address of the User (provided during Registration), model of the mobile device, the current version of the ICT system installed on the mobile device, as well as a detailed description and indication of the reason for the complaint.

Within 14 days from the date of receipt of the complaint, the Operator will consider the complaint and inform the User by e-mail about the method of its consideration. In a situation where the data or information provided in the complaint need to be supplemented, the Operator asks the User to supplement it before considering the complaint. The time for providing additional explanations by the User extends the period of considering the complaint.

Rights on intangible goods

All materials posted, made available on the platform, as well as the manner of their presentation (layout) enjoy the protection provided for in the Act of February 4, 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2016, item 666) or in the Act on industrial property rights of June 30, 2000 (Journal of Laws of 2013, item 1410) and are vested in the Operator, unless otherwise clearly stated in their content or in the circumstances.

The User is entitled to use the Service for the duration of the Agreement, only within the scope of functionalities made available to him/her by the Operator.

The User does not obtain any rights, including intellectual property rights, over and above those expressly specified in the Agreement. In particular, the User is not entitled to obtain any source files.

Miscellaneous

In matters not covered by the Regulations, the relevant provisions of generally applicable Polish law shall apply, in particular the Civil Code and the Act on the provision of electronic services.

The Operator reserves the right to amend the Regulations at any time. Users will be informed about changes to the Regulations at least 7 days in advance to thee-mail addresses provided by them during Registration, as well as when the App is launched for the first time after notification of the change in theRegulations. The changes apply from the moment indicated in the notification about the amendment to the Regulations (which may not be earlier than within 7days). The changes are considered accepted by the User when he continues to use the App after the changes come into force.

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