Introduction

The my-pro website and any associated mobile application (the Site) is owned and operated by My-Pro Limited, a company registered in England and Wales with registered number 07007636 and with its registered office at 11 Broad Walk, Cranleigh, GU6 7LS (my-pro, we, us). By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy and cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use the Site. If you have any questions, you can contact us by email at enquiries@my-pro.eu.

We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users through their my-pro account. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

The Site operates as a platform for PGA Club Professionals and golf players to connect and for the PGA Club Professional to provide chargeable performance data to the player to help the player develop their game

Definitions

In these Terms, the following words have the following meanings:

Golf Pro: a PGA Club Professional who has registered on the Site as a PGA Club Professional;

Performance Development Report: any report completed by the Golf Pro recording the Player’s performance data;

Player: an individual who has registered on the Site as a customer;

Site: the my-pro website;

Site Content: all materials and content including on the Site, including all information, data, text, images, recordings and software excluding any content posted by a Golf Pro and/or a Player;

Terms: these terms and conditions; and

you: any user of the Site, including a Golf Pro and/or a Player.

In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.

Registering directly on the Site

When you register with the Site you must provide (amongst other things) your name, and email address and choose a password. You are responsible for keeping your password confidential and you are responsible for any activity under your my-pro account. Please take precautions to protect your password and contact us immediately by email at enquiries@my-pro.eu if you believe there has been any unauthorised use of your my-pro account.

When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

Players

When you register as a Player you can create a profile on the Site, and we encourage you to add all relevant performance data to your profile. You agree that the content of your profile shall comply with the provisions of Condition 6 and we shall process it in accordance with our Privacy & Cookie Policy.

You may use our Site to search for and contact a Golf Pro. You agree that if you choose to book an appointment with a Golf Pro you are entering into a contract with the Golf Pro, and not with us, for the provision of the appointment. As a result, we are not responsible or liable to you in relation to the provision of an appointment by a Golf Pro. We do not recommend or endorse any Golf Pro or the quality of their appointments.

During registration, you can link your account to a Golf Pro account. We ask Golf Pros to complete your Performance Development Reports on the Site. Only you and your linked Golf Pro can access and view your Performance Development Reports. If you change the Golf Pro linked account, your Performance Development Reports will transfer to the new Golf Pro linked account and the former Golf Pro linked account will no longer have access to your Performance Development Reports.

Golf Pros

If you wish to register as a Golf Pro on the Site, you must be a registered PGA Club Professional and attached to a Golf Club. At our request, you shall provide evidence of your compliance with this Condition 5.1.

The Golf Pro shall provide such additional information as is required on the Site and in order to comply with their legal obligations to a Player, including details of the fee for each appointment and your terms and conditions if requested by the Player. All such information must be accurate and up-to-date at all times and comply with Condition 6 and we shall process it in accordance with our Privacy & Cookie Policy.

Golf Pros shall operate to the best of their ability, with reasonable skill and care and in accordance with all applicable laws and regulations. The Golf Pro is directly responsible to a Player for its own acts and omissions.

Golf Pros shall complete any Performance Development Report for any Player linked to their account following any analysis. Golf Pros shall keep confidential all content of a Player’s Performance Development Report, including after the Player ceases to be linked to their account. All content included on a Performance Development Report by a Golf Pro must be appropriate in the context of a Golf Pro/Player relationship, reasonable, accurate, up-to-date, not misleading in anyway and comply with Condition 6.

Golf Pros shall treat all personal data and other information relating to a Player as confidential and keep all such information secure, and not share such information with any third party, or use such information for any purpose except to provide appointments to the Player. Golf Pros shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection.

Golf Pros agree that my-pro shall be entitled to reproduce and use the Golf Pro’s name within publicity for the Site and for the My-Pro Ltd business.

The Golf Pro is not and shall not be deemed to be an employee of my-pro. The Golf Pro must be self-employed or an employee of the club where they are attached and registered as such with the appropriate taxation authority.

Your Content

Golf Pros are entitled to upload content to the Site within their profile, including photographs, videos, promotions for your business and personal data. By uploading such content, you agree that we shall be entitled to use the content within your profile and that such content may be accessible to other users.

You warrant and represent that all Content you upload shall not:

(a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations and any consumer protection laws;

(b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;

(c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;

(d) be deliberately or knowingly false, inaccurate or misleading; and/or

(e) give rise to any cause of action against my-pro.

We do not monitor or review any user content. However, we may remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 6.2.

Site Availability

We will use reasonable endeavours to maintain and make available to you the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

Disclaimer – Your attention is particularly drawn to these provisions

You agree that my-pro has no responsibility and/or liability for any errors or omissions in any content posted by a Golf Pro or a Player. We accept no obligation to verify or review such content. Furthermore, we do not warrant that any Player shall find a suitable Golf Pro, or that a Golf Pro shall be contacted by a Player.

All content, including content based on a Player’s performance data, is provided for information only and we do not warrant that such content is accurate or up-to-date at any time.

If you are a Golf Pro, my-pro shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any direct or indirect losses you may suffer as a result of use of the Site, including (a) loss of profit, anticipated profits or business; (b) loss of data or content that you have uploaded to the Site; (c) loss of opportunity; (d) loss of revenue; (e) loss of goodwill or reputation; and/or (f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

If you are a Player:

(a) if there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device. However, we will not be liable for damage caused by you failing to comply with these Terms; and

(b) we strongly advise you to record copies of any Performance Development Reports from time to time because we exclude our liability for any loss or corruption of the content of any Performance Development Reports or any other content you upload to the Site.

Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

Indemnity

The Golf Pro shall indemnify and keep indemnified and held harmless my-pro from and against any costs, claims, losses, damages, expenses and liabilities that my-pro may suffer or incur arising as a result of any claim or allegation from a Player or any third party relating to the acts or omissions of the Golf Pro.

Disputes

If there is a dispute between a Player and a Golf Pro, the parties shall work together acting reasonably to resolve the dispute subject to the provisions of the Golf Pro’s terms and conditions.

If you are unable to resolve the dispute, you may contact us and we shall review any dispute raised with reasonable skill and care and you agree to assist us to do so. However, we are unable to require either a Golf Pro or a Player either to pay sums or refund sums. If a Player wishes to do so, they can at any time transfer their my-pro account to another Golf Pro on the Site.

Intellectual Property Rights

The copyright in all Site Content is owned by or licensed to my-pro. All rights are reserved. You can view, print or download extracts of the Site Content for your own use. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

You acknowledge that MY-PRO is a trade mark, and you may not use or reproduce the mark without our prior written consent.

Termination or Suspension

We reserve the right to suspend or terminate the account of a Golf Pro or a Player at any time and without liability

(a) if any information that you provide to us is not true, ceases to be true, or we cannot verify or authenticate any such information;

(b) you are in breach of these Terms;

(c) you are convicted of a criminal offence or act in any way that may bring my-pro into disrepute; and/or

(d) if we receive complaints or disputes are raised in relation to your activities on the Site.

If you are a Golf Pro and you cease to be a member of your Professional Golfers Association and/or attached to a Golf Club, you must delete your profile.

Following deletion of your my-pro account you must cease to use the Site and you must not re-register on the Site as a Golf Pro under any other name.

General

These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.

If you are a consumer and you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.