Nowswing App Terms of Use

Introduction

Welcome to Now Swing, a mobile application designed to facilitate golf course bookings and related services. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Now Swing Ltd. ("Company", "we", "us", or "our") governing your access to and use of the Now Swing mobile application, website, and related services (collectively, the "Service").

Please read these Terms carefully before downloading, installing, accessing, or using the Service. By using the Service, you agree to be bound by these Terms. If you do not agree to all the Terms, you must not access or use the Service.

Definitions

"App" refers to the Now Swing mobile application available on iOS and Android platforms.
"Booking" means the reservation of a tee time or other golfing service through the App.
"Golf Course" refers to any golf facility that offers tee times or services through the App.
"Tee Time" means a reserved time slot for playing golf at a Golf Course.
"User Account" refers to the registered account created by a User on the App.

"User Content" means any content uploaded or shared by Users through the App, including but not limited to reviews, comments, and profile information.

Account Terms

3.1 Account Creation

To use certain features of the Service, you must register and create a User Account. During the registration process, you will be required to provide accurate, current, and complete information about yourself. You agree to update this information to maintain its accuracy.

3.2 Account Security

You are responsible for safeguarding your login credentials and for all activities that occur under your User Account. You agree to notify us immediately of any unauthorized use of your User Account or any other breach of security. We cannot be held liable for any loss or damage arising from your failure to comply with this provision.

3.3 Age Restriction

You must be at least 18 years of age to create a User Account and use the Service. By creating a User Account, you represent and warrant that you are at least 18 years of age.

3.4 One Person, One Account

A User Account may not be shared by multiple individuals. You may not create multiple accounts for the same individual.

Booking Services

4.1 Booking Process

The App allows you to browse, book, and schedule tee times at participating Golf Courses. When you make a Booking through the App, you are entering into a direct agreement with the Golf Course for the reserved tee time.

4.2 Booking Confirmation

Upon successful completion of a Booking, you will receive a confirmation notice via email or through the App. This confirmation will include details of your Booking, including date, time, Golf Course, applicable fees, and any specific terms set by the Golf Course.

4.3 Golf Course Policies

Each Golf Course may have its own policies regarding dress code, conduct, equipment, and other requirements. You are responsible for complying with all Golf Course-specific policies, which may be accessible through the App or on the Golf Course's website.

4.4 Third-Party Relationship

We act as an intermediary platform facilitating Bookings between Users and Golf Courses. The legal contract for the tee time is between you and the Golf Course directly. We are not responsible for the actions or omissions of any Golf Course.

Booking Services

5.1 Pricing

All prices for tee times are set by the respective Golf Courses and are displayed in the App before you complete your Booking. Prices may include applicable taxes and fees as indicated during the booking process.

5.2 Booking Fees

We may charge a booking fee for using our Service. This fee will be clearly displayed during the booking process before you confirm your Booking.

5.3 Payment Methods

We accept various payment methods including credit cards, debit cards, and other payment options as made available in the App. You agree to provide accurate and complete payment information.

5.4 Payment Processing

Payments are processed securely through our third-party payment processors. By providing your payment information, you authorize us and our payment processors to charge the applicable fees to your selected payment method.

5.5 Price Errors

Despite our efforts to ensure accuracy, pricing errors may occur. We reserve the right to cancel Bookings resulting from such errors prior to your check-in at the Golf Course. In such cases, we will provide a full refund of all amounts paid.

Cancellation and Refund Policy

6.1 Standard Cancellation Policy

Unless otherwise specified during the booking process, you may cancel your Booking up to 24 hours before your scheduled tee time for a full refund. Cancellations made less than 24 hours before your scheduled tee time may not be eligible for a refund.

6.2 Golf Course-Specific Cancellation Policies

Some Golf Courses may have their own cancellation policies that differ from our standard policy. These policies will be clearly displayed during the booking process, and by completing your Booking, you agree to be bound by the applicable cancellation policy.

6.3 Cancellation Process

To cancel a Booking, you must use the cancellation function within the App or contact our customer support team. Cancellations are not valid until you receive a cancellation confirmation.

6.4 Weather Conditions

If a Golf Course closes due to adverse weather conditions or other circumstances beyond our control, you will be entitled to a full refund or the option to reschedule your tee time, subject to availability.

6.5 No-Show Policy

If you fail to show up for your reserved tee time without prior cancellation ("No-Show"), you may forfeit your payment and may be charged the full amount of the Booking.

6.6 Refund Processing

Approved refunds will be processed to the original payment method used for the Booking. Refunds may take 5-10 business days to appear on your account, depending on your payment provider.

User Responsibilities

7.1 Accurate Information

You are responsible for providing accurate and complete information when creating a User Account and making Bookings.

7.2 Timely Arrival

You must arrive at the Golf Course at least 15 minutes before your scheduled tee time. Late arrival may result in forfeiture of your tee time without refund, subject to the Golf Course's policies.

7.3 Proper Conduct

You must conduct yourself in a respectful and appropriate manner while using the Service and at all Golf Courses. You agree to comply with all rules and etiquette of golf and any specific rules imposed by the Golf Course.

7.4 Group Bookings

If you make a Booking for multiple players, you are responsible for ensuring that all players in your group comply with these Terms and any applicable Golf Course policies.

7.5 Equipment and Attire

You are responsible for bringing appropriate golfing equipment and wearing suitable attire as required by the Golf Course. Failure to comply with Golf Course dress codes or equipment requirements may result in denial of play without refund.

Prohibited Users

8.1 General Prohibitions

You agree not to use the Service to:

Violate any applicable laws or regulations
Infringe upon the rights of others
Engage in any unauthorized commercial activities
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to gain unauthorized access to any part of the Service
Harass, abuse, or harm another person
Collect or store personal data about other users without their permission

8.2 Booking-Specific Prohibitions

You may not:

Make speculative, false, or fraudulent Bookings
Make Bookings for the purpose of reselling, transferring, or bartering them
Make consecutive Bookings for the same Golf Course to circumvent course policies
Provide false information when making a Booking

8.3 User Content Prohibitions

You may not submit User Content that:

Is false, misleading, or deceptive
Is defamatory, obscene, pornographic, vulgar, or offensive
Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
Is violent or threatening or promotes violence or actions that are threatening to any other person
Promotes illegal or harmful activities or substances

8.4 Technological Prohibitions

Use any robot, spider, scraper, or other automated means to access the Service
Bypass or circumvent measures employed to prevent or limit access to the Service
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service

Privacy Policy

9.1 Data Collection and Use

We collect and process personal data as described in our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our data practices as described in the Privacy Policy.

9.2 Categories of Data Collected

We collect various categories of data including:
Account data (name, email, phone number)
Booking data (tee times, preferences, history)
Payment data (credit card information, billing address)
Device and usage data (IP address, device type, operating system)
Location data (when enabled and with your permission)

9.3 Third-Party Sharing

We may share your personal data with:

Golf Courses to fulfill your Bookings
Payment processors to process transactions
Service providers that assist in operating the App
Law enforcement or other authorities when required by law

9.4 User Rights

You have certain rights regarding your personal data, including the right to:

Access your personal data
Correct inaccurate personal data
Request deletion of your personal data
Object to certain processing of your personal data
Data portability

To exercise these rights, please contact us using the information provided in the Contact Information section.

9.5 Data Security

We implement appropriate technical and organizational measures to protect your personal data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

9.6 Data Retention

We retain your personal data for as long as necessary to provide the Service, comply with legal obligations, resolve disputes, and enforce our agreements.

Intellectual Property

10.1 Ownership

The Service, including all content, features, and functionality, is owned by the Company, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App on your personal mobile device and to access and use the Service for your personal, non-commercial use.

10.3 Restrictions

You may not:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service
Use any content available through the Service for commercial purposes without our prior written consent
Remove any copyright, trademark, or other proprietary notices from the Service

10.4 User Content License

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant us this license.

10.5 Feedback

If you provide us with any feedback or suggestions regarding the Service, you grant us the right to use such feedback without restriction and without compensation to you.

Disclaimers and Limitation Of Liability

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 Golf Course Services

WE DO NOT WARRANT OR GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR PERFORMANCE OF ANY GOLF COURSE OR THE SERVICES THEY PROVIDE. THE QUALITY OF ANY TEE TIME OR SERVICE BOOKED THROUGH THE APP IS SOLELY THE RESPONSIBILITY OF THE GOLF COURSE PROVIDING SUCH SERVICE.

11.3 Availability

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

11.5 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.6 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use of the Service, including, but not limited to, your User Content and any use of the Service's content, services, and products other than as expressly authorized in these Terms
Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
Any dispute between you and a Golf Course

Modifications To Terms

13.1 Updates to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13.2 Continued Use

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13.3 Notification of Changes

We will notify you of any changes to these Terms by posting the new Terms on the App and/or sending you a notification.

Dispute Resolution

14.1 Informal Resolution

If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting us.

14.2 Arbitration

If you are unable to resolve the dispute informally, any dispute arising from or relating to these Terms or the Service shall be finally settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.3 Arbitration Rules

The arbitration will be conducted in accordance with the rules of the Arbitration and Mediation Centre in your jurisdiction. The arbitration shall be conducted in the English language by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

14.4 Arbitration Location

The arbitration shall take place in the city where the Company maintains its principal place of business, unless the parties agree otherwise.

14.5 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.6 Small Claims Court

Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within the jurisdiction of that court and is not removed or appealed to a court of general jurisdiction.

Termination

15.1 Termination by You

You may terminate your User Account at any time by contacting us using the information in the Contact Information section or by using the account deletion function within the App.

15.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

15.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your User Account, you may simply discontinue using the Service or delete your account through the App settings.

15.4 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Accessibility Statement

Now Swing is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you encounter any difficulty in accessing or using any part of our Service, please contact us using the information in the Contact Information section.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

Now Swing Ltd.

Email: admin@nowswing.com
Phone: +1 404 626 8587
Address: 3295 River Exchange Dr (Suite 225), Norcross, GA 30092

By using the Now Swing App, you acknowledge that you have read this Privacy Policy and agree to its terms and conditions.