1.1 These general user terms and conditions (hereinafter: "Terms") are used by Golf Sports B.V. i.o, a company with limited liability under the laws of the Netherlands (hereinafter: "Golf Sports B.V. i.o" or "we"). These Terms apply to the use of the application for golf swing analysis 'Kunu', all further services as performed by Golf Sports B.V. i.o in connection thereto (hereinafter "KunuApp") and the use of an account for the use of KunuApp (hereinafter: "KunuAccount").
1.2 The KunuApp enables you to analyse and improve your golf swing. We offer you convenient ways to track your progress and receive training suggestions based on your swing data
1.3 Golf Sports B.V. i.o can be reached by e-mail via social@kunu-golf.com
1.4 Should you want to make use of any means of alternative dispute resolution, you may contact Golf Sports B.V. i.o to this end via social@kunu-golf.com For more information on online dispute resolution, please be referred to the ODR-platform of the European Commission.
2.1 These Terms apply to any use by you of the KunuApp. If you cannot agree to these Terms, you cannot use the KunuApp and you should discontinue using it and remove the KunuApp from your device. By registering for a KunuAccount you explicitly agree to be bound by these Terms. In case you cannot agree to these Terms, you should not register for a KunuAccount.
2.2 We reserve the right to make changes to the KunuApp and these Terms at any time. You will be subject to the Terms in force at the time that you use the KunuApp and have agreed to the new Terms. Not agreeing to new Terms could mean that you are not able to use the KunuApp anymore.
2.3 If any of the provisions within these Terms are deemed invalid, void or for any other reason unenforceable, that provision will be replaced by a provision that is valid and serves the purpose of the earlier provision and respects the purpose of these Terms. The unenforceability of such a provision will not affect the validity and enforceability of any remaining provisions.
3.1 Any conduct by you that in our sole discretion restricts or inhibits any other user from using the KunuApp will not be permitted. You agree to use the KunuApp solely for lawful purposes. You are prohibited from using the KunuApp for any other purpose than making use of the KunuApp as intended by Golf Sports B.V. i.o.
3.2 You are prohibited from using the KunuApp for any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable conduct of any kind, including but not limited to any conduct that would constitute a criminal offense, a breach of intellectual property rights of Golf Sports B.V. i.o or any third party, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the KunuApp, use of the KunuApp, or access to the KunuApp unless you first obtain our express written consent to do so. You agree that you will not use any deep-link, page-scrape, robot, spider or any other automatic or automated instrument, program, algorithm or methodology or any other similar or equal manual process to gain access to any part of the KunuApp, including but not limited to your KunuAccount, or to acquire, copy and/or store or reproduce such content in any way whatsoever, or to circumnavigate the navigation structure or presentation of the KunuApp in order to obtain information that is not deliberately and easily made available through the KunuApp. We explicitly reserve the right to block any such activity and to suspend or terminate your KunuAccount and refuse you any and all current and future use of the KunuApp or registration for a new KunuAccount.
3.4 You agree not to access the KunuApp by any means other than through the interface that is provided by us for use in accessing the KunuApp, furthermore you agree that you will not access the KunuApp, including any part or element thereof, or any connected systems or networks, nor any of our other servers without proper authorization by hacking, cracking, mining of passwords or any other unlawful means.
3.5 You are not permitted to investigate, scan, test the vulnerability of the KunuApp or any connected network, or to infringe any security or authentication measures implemented on the KunuApp or any connected network. You are not permitted to (reverse) search for information on other users of the KunuApp or any of our customers, including but not limited to any KunuAccount that is not your KunuAccount or to track the source of any such information or to exploit any such information with the purpose to disclose it, including, but not limited to, personal data.
3.6 You agree not to undertake any action that presses an unreasonable or disproportionate burden on the infrastructure of the KunuApp, our systems and/or networks and or any system or network connected with our systems and networks.
4.1 The KunuApp is free to download application and offers in-app subscriptions. The KunuApp is optimized for use on smartphones and thin clients operating iOS or Android. The KunuApp is available through the AppStore and Google Play.
4.2 You enter into an agreement with Golf Sports B.V. i.o when you have downloaded and installed the KunuApp on your device, have accepted these Terms for your use of the KunuApp and created a KunuAccount. Golf Sports B.V. i.o will only enter into an agreement with you in the English language.
4.3 Golf Sports B.V. i.o solely allows consumers to use the KunuApp for their own personal purposes. No commercial use of the KunuApp is allowed.
4.4 You may view the agreement for the use of the KunuApp (the Terms) and your KunuAccount in your KunuAccount. We expect you to store a copy of all relevant agreements and documents, such as these Terms and the Privacy Policy and print such documents when you deem such necessary. You may view these documents at any time on this page https://www.kunugolf.com/terms-and-conditions and this page https://www.kunugolf.com/privacy-policy.
4.5 When you enter into an agreement with Golf Sports B.V. i.o, such as but not limited to an agreement to use the KunuApp and your KunuAccount but you discover that you have provided us incorrect or undesired information you may at all times cease your registration. When you discover that you have provided us incorrect or undesired information after your registration has taken place or receipt of the confirmation email, please correct such information yourself in your KunuAccount.
4.6 We expressly reserve the right to involve third parties to perform (parts of) any agreement that you enter into with Golf Sports B.V. i.o, such as but not limited to the storage of data as necessary for the functioning of the KunuApp. Please be hereby informed that the terms and conditions of such third party apply when we informed you of the involvement of such party.
5.1 Creating a KunuAccount is mandatory for your use of the KunuApp.
5.2 In consideration of your use of the KunuApp, you represent to us that information you have provided is true, accurate, current and complete information about yourself as prompted by the KunuAccount registration form for your KunuAccount information.
5.3 Account information and certain other information about you is subject to our Privacy Policy https://www.kunugolf.com/privacy-policy. You are not permitted to register for a KunuAccount on the name of any other person or party.
5.4 You agree to inform us of any unauthorized use of your account information, including but not limited to your password or any other security breach. We explicitly reserve the right to hold you liable for any damage whatsoever resulting from any unauthorized use of your KunuAccount by a third party. The credentials you choose for your KunuAccount are confidential. We expect you to keep these details to yourself and not share them with anyone else, for example to log into your KunuAccount.
6.1 The KunuApp is provided "as is". We do not guarantee the accuracy or completeness of the KunuApp or any information on it or that it is free of defects or viruses.
6.2 We perform all services to you with all reasonable accuracy that may be expected of us, but cannot guarantee that you will always be happy and completely satisfied with the KunuApp.
6.3 While performing sports fits in a healthy lifestyle, you should be aware of possible health risks involved in such. You are at all times responsible for your own health and the decisions you choose to make concerning your health and fitness. Golf Sports B.V. i.o is, under no circumstances, responsible for your health or physical condition.
6.4 Any liability of Golf Sports B.V. i.o, whether direct, indirect, immaterial or consequential, including but not limited to loss of profit, resulting from the use of the KunuApp, is excluded to the fullest extent permitted by law, unless such damage is the result of intent or gross negligence on our side.
6.5 We will not be liable to you or to any person for any loss or damage of any kind that may arise from the unauthorized use of the KunuApp and the use of any information contained within the KunuApp. Furthermore we shall not be held liable for any third party information that is linked or otherwise referred to on the KunuApp and that is not maintained and controlled by us.
6.6 We will use reasonable endeavours to ensure that the KunuApp is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the KunuApp will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the KunuApp is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.
6.7 We take precautions to protect all (personal) data collected through the KunuApp and via your KunuAccount but in the event that unauthorized third parties infiltrate our system we will not accept any liability for any resulting misuse of the (personal) data.
6.8 The KunuApp may include (hyper)links and other references to third party files, websites and locations. We have not verified the content of such files, websites and locations and therefore only offer the possibility to get further information, if and insofar this is desired by you. A reference to any third party information cannot be considered any recommendation for such information, neither explicit nor implicit. We can therefore not give any guarantee for the accessibility or content of such third party files, websites or locations and cannot accept any liability for the operation of such files, websites or locations, nor for any damage, whether direct or indirect, resulting from accessing such files, websites or locations. The sole fact that we have included a reference to any third party website or application does not imply that we endorse its contents.
6.9 Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the KunuApp.
6.10 From time to time, Golf Sports B.V. i.o may issue an update of the KunuApp. Golf Sports B.V. i.o is, under no circumstances, responsible or liable for consequences of the use of older versions than the most recent version of the KunuApp.
7.1 We may elect to electronically monitor areas of the KunuApp and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the KunuApp; or (iii) to protect our rights or (intellectual) property or the rights of our users, customers or suppliers.
7.2 We may terminate your access, limit or suspend your access to all or part of the KunuApp, without notice, among others for any conduct that we, in our sole discretion, believe is in violation of any applicable law, these Terms, or is harmful to the interests of another user, a third-party or us. We may also at any time and without notice limit your access to those parts of the KunuApp or to certain functionality where such access or functionality is, in our sole discretion, not needed by you.
8.1 We reserve all rights of intellectual and industrial property with respect to the KunuApp, KunuAccount and Golf Sports B.V. i.o, including but not limited to copyright, trademark rights, trade name rights, database rights and rights to knowhow. We reserve the right to further exploit, improve, test, delete and alter the KunuApp. Nothing in these Terms shall constitute the assignment of any intellectual property from Golf Sports B.V. i.o to you.
8.2 You are not permitted to remove any mark or sign on intellectual property rights from any of our material or the KunuApp or to reproduce, duplicate or copy any of our material or the KunuApp. Any re-sale of such material is expressly prohibited.
8.3 When using the KunuApp we enable you to upload your own content in your KunuAccount. When you choose to share your content with us, you grant Golf Sports B.V. i.o a worldwide, non-exclusive, royalty-free, right of use of all content, designs, text, photos, graphics and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all information that you choose to provide to Golf Sports B.V. i.o or generate through the (use of) KunuApp, KunuAccount or any other way.
8.4 We reserve the right to use the above mentioned material for purposes of marketing, analysing, storage, reproduction, and any other (commercial) activity, including commercial activity with third parties, as may be necessary to provide you with the best service and to further improve and market the KunuApp and Golf Sports B.V. i.o in general.
8.5 You are responsible for all text, images and photos that you choose to provide to us. You are to take into account the possibility that such material is copyrighted to third parties, in which case you are responsible for gathering their prior permission to enter their material into the KunuApp and/or a KunuAccount and to make such subject of the performance of our services. You hereby indemnify Golf Sports B.V. i.o from any claims or allegations from third parties concerning any infringement of copyrights or other intellectual property rights as performed by you or made possible by you.
8.6 In case you infringe or repeatedly infringe the copyrights or other intellectual property rights of Golf Sports B.V. i.o or other users, we reserve the right to terminate any agreement we have with you and / or deny any access to the Website, KunuApp or your KunuAccount.
8.7 When you feel that your intellectual property rights are violated please inform us of such infringement by providing to us all relevant information we may need to protect your rights.
9.1 Any fitness information, evaluation or training advice generated by us should not be considered by you as a replacement for a medical consultation, evaluation or treatment by an appropriately licensed medical practitioner or health services provider. You should (and are urged to) seek the advice of an appropriately qualified medical practitioner in relation to any physical activities that you carry out, and in relation to the use of the KunuApp. Should you have any healthcare related questions, please see or call your physician. No staff of Golf Sports B.V. i.o are, or purport to be, licensed or registered medical practitioners.
9.2 If you have a pre-existing medical condition, then you should seek professional medical advice prior to making use of the KunuApp.
9.3 Should you have an emergency, call your physician immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented in the KunuApp, and you should not use our content for diagnosing or treating a health problem.
10.1 We respect the personal privacy of all users of the KunuApp and will at all times seek to comply with the General Data Protection Regulation ("GDPR") or any (national) laws or regulations that may be applicable to the processing of personal data by Golf Sports B.V. i.o. The personal data we collect through the Website and KunuApp shall be carefully and adequately processed in accordance with our Privacy Policy https://www.kunugolf.com/privacy-policy.
11.1 These Terms are effective until terminated by Golf Sports B.V. i.o. If you no longer agree to be bound by these Terms, you must cease your use of the KunuApp and can no longer use the KunuApp.
11.2 Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the KunuApp with or without notice. You agree that any termination of your access to the KunuApp may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your KunuAccount and all related information and files in your account and bar any further access to such files, the KunuApp or KunuAccount. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the KunuApp or KunuAccount.
12.1 The laws of the Netherlands exclusively apply to these Terms and all agreements and legal relationships between you and Golf Sports B.V. i.o, such with the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980).
12.2 Any disputes relating to or arising from the use of the KunuApp will only be submitted to the competent court in the district of Amsterdam, location Amsterdam, the Netherlands.
13.1 Should you have any further questions, need more information or would want to launch a complaint, please contact Golf Sports B.V. i.o via e-mail social@kunu-golf.com or reach us at +31850602176.