Terms of Service

for the purchase and use of the Breaking 77 mobile app and the www.breaking77.com website.

Terms and conditions between Fosbury KG, Am Eichkogel 14, 2353 Guntramsdorf, the owner of the “Breaking 77” brand and the user of the mobile application.

The legal terms below govern the use of the mobile application named “Breaking 77” (“App”). These General Terms and Conditions can also be found on our website www.breaking77.com. We provide the following information for you to show you how we handle your personal data and that we take this issue very seriously. With the information below, we comply with the requirements of the General Data Protection Regulation (GDPR).

 

1 INTRODUCTION

1.1 Breaking 77 is an app for golfers that allows users to expand their personal golfing experience and share it with friends. The app includes, among other things, the possibility to use GPS to measure the distance to the green during the round and to keep an overview of your score and that of your friends. In addition, personal streaks, records and statistics from users and their app friends are displayed and compared. The user also has access to map sections of golf courses worldwide. This data does not claim to be complete or up-to-date. Using a search function, users can find other Breaking 77 users and make friend requests. The products, services, content, features and technology available to the user are created to perform the tasks described above.

1.2 The general provisions of these terms and conditions come into effect as soon as you start the download process via a third-party platform (e.g. an app store) by clicking on the “Download” button or performing an equivalent action or the website www.breaking77.com use. These actions create the contract (“Agreement”) between Fosbury and the User.

1.3 These conditions apply to both consumers and business customers. Any conflicting or deviating terms and conditions of the user will not be accepted and will not form part of the contract unless agreed in writing by Fosbury and the user.

1.4 If you do not agree to the terms of this Agreement, you should stop using the App and the Website. The Company reserves the right to change, modify or update the terms of this Agreement at any time without prior notice. Changes will take effect immediately upon their posting on the website. Your continued use of the App and/or the Website following the posting of changes means that you acknowledge and accept the Agreement and its changes.

2 LICENSE

2.1 Accounts and Access

In order to be able to use our service, registration within the application is required. After successful registration, your account will be created and you will be considered a “user” from now on. Your account gives you access to our Service and features that we set up, manage and customize at our sole discretion. It is possible that we offer different account types with different characteristics or functions for different user groups.

If you open an account on behalf of a company, organization (e.g. a team) or other legal entity, this applies to you and that legal entity. You represent and warrant that you are an authorized representative of the entity and have the authority to bind it to this Agreement.

By connecting your account to Breaking 77 through a third-party service provider (such as Apple, Google, Facebook, or other social media service), you consent to us accessing your information from that service, using it in accordance with the provider’s policies, and store your login details for this service.

2.2 The App, consisting of software, documentation and any other material or data provided with the download, its elements and parts of their elements remain the property of Fosbury. The user receives a non-exclusive, non-transferable and non-sublicensable right to use the app in accordance with these GTC until the end of the contract (“license”) or as long as their account is active.

2.3 It is your duty to provide and maintain current, comprehensive and unique information, which may include (but is not limited to): an email address, a password, your name, your country of origin and your date of birth. You may not use a fake identity or incorrect information or create an account on behalf of anyone other than yourself. Do not share your account information or login information with others, allow anyone access to your account, or otherwise compromise the security of your account. If you become aware of or suspect a security breach in your account, including but not limited to loss, theft or unauthorized disclosure of your credentials, you must notify us immediately and change your credentials. You are solely responsible for any use of the account information. You are responsible for using your credit card or other means of payment (e.g. PayPal). You agree that we shall not be liable for any loss arising from any unauthorized use of your account. We reserve the right to remove or reclaim any username at any time and for any reason (e.g., due to claims by a third party that a username violates the rights of the third party). We cannot guarantee that unauthorized third parties cannot breach our security measures or use your personal data for improper purposes. You accept that you provide your personal information (including account information) at your own risk.

2.4 In accordance with our Privacy Policy, we store and use your account information (including Aggregated Data) and by using our Services you consent to the collection, use and disclosure of that data. This consent also includes receiving notifications and emails from us in accordance with our privacy policy. If you choose to disclose any information collected or stored by the Service to any third party, you represent and warrant that you have the right to do so.

2.5 You may download, install and use the App on a device for private use. For any commercial use, however, you need our express written consent. You are responsible for obtaining all necessary hardware and for any applicable charges such as internet, data, or cellular charges. We reserve all rights not expressly granted.

2.6 Under the License, the User is prohibited from making any reproduction of the App, its elements and parts.

2.7 The license expires upon termination of the contract, removal of the app from the user’s mobile device or in the event of a breach of these terms.

3 TERMS AND CONDITIONS

3.1 Terms of Use

3.1.1 The User may only use the App for the purposes intended by Fosbury. He may only use the Services for his own private purposes. Use for any other purpose requires Fosbury’s prior written consent.

3.1.2 Use of the App must not infringe the rights of any third party or Fosbury. In addition, you may not use spyware, viruses or any other type of malware to interfere with the functionality of the App, websites or other Fosbury products. Use of the Service for any advertising or commercial purpose, including spam, chain letters, junk e-mail, unsolicited e-mail, or repetitive messages, is prohibited.

3.1.3 The user is liable for all damage caused by actions taken using the app or parts thereof, in its original or modified form. The user is obliged to prevent misuse of the app or parts thereof and to inform Fosbury immediately of any circumstances that could indicate misuse. In the event of misuse of the app or parts thereof, the user is obliged to take all necessary measures to prevent the reported misuse.

3.2 Intellectual Property

3.2.1 The User accepts that all content of the App such as text, graphics, audio or video files, design, editorial content and code used for implementation belongs to Fosbury and/or its licensors.

3.2.2 The user is not permitted to manipulate or use trademark or copyright symbols.

3.3 Protection of personal data

The information you provide, as well as any other data received from you, will be processed and stored by Fosbury in accordance with the privacy policy which can be found on the website www.breaking77.com.

3.4 Delete Account

You can terminate your account at any time by following the instructions on the mobile app in the Settings Menu -> Delete Account. Termination of your account may result in disabling your access to the Service, Website and App. Upon termination of your account, we will delete or destroy your account information in accordance with our Privacy Policy. We accept no liability for the timeliness of deletion or destruction provided reasonable efforts are made to complete it. If data or information about you does not constitute account information, it may not be possible to delete or destroy it. In such cases, this data is anonymized so that your historical information, content, logs and related information is not personally identifiable. You hereby acknowledge and agree that account information, once deleted or destroyed, cannot be recovered and you must provide it again if you wish to subscribe again. We do not control any account information or content shared, posted or otherwise made available by you and cannot delete it from sources where it was shared.

3.5 Liability

3.5.1 Fosbury is only liable for damage caused by intent or gross negligence, including intent or gross negligence by its representatives or vicarious agents. In this case, the liability for damages is limited to the foreseeable damage. This does not affect Fosbury’s liability for damage due to injury to life, limb or health, intent, acceptance of a guarantee, fraudulent concealment of information about Fosbury’s products and other cases of mandatory liability.

3.5.2 Fosbury shall not be liable for any damage resulting from use of the App contrary to these Terms.

3.5.3 Fosbury does not guarantee, and therefore is not responsible for, the continued functionality of the App or the continued availability of the website www.breaking77.com or any other website or database necessary for the functionality of the App or its accuracy. In particular, no liability is assumed for temporary disruptions or interruptions. Fosbury shall not be liable for any damage arising from changes or deletions to the app, the database or the services the app provides, or any content or editorial reasons. In addition, Fosbury shall not be liable due to technical difficulties or dependence on third party services.

3.5.4 Fosbury does not guarantee and is not liable for the full compatibility of the App with the user’s mobile device. Fosbury is also not liable for damage caused by malfunctions resulting from insufficient compatibility of the user’s mobile device, its operating system or other data such as other software present on the device.

3.5.5 Fosbury reserves the right to change or completely or partially block the app’s access to the database, parts thereof, individual pages, parts of pages or certain content of the website. Such a step may be necessary, for example, if required by law.

3.6 Pricing Terms

3.6.1 The app can be downloaded free of charge. After downloading, the user is entitled to use the app with all functions during 4 rounds of golf and to get an idea of the options offered. Thereafter, the user must take out a subscription to continue using the “Play Round” feature. Access to all other functions will remain as is. The Breaking 77 website is free.

3.6.2 The Company reserves the right to change the prices and/or the pricing structure of the App and/or Website at any time. The app offers different subscription periods at the indicated prices, which can be subscribed and paid through iTunes account or Google Play account. The user’s specified payment method will be charged when the subscription is confirmed. Subscription automatically renews for the same period unless canceled at least 24-hours before the end of the current period. The user can manage the subscription themselves by going to their account settings after purchase.

4 UPDATES

4.1 Fosbury endeavors to keep the App up to date with the latest technology and to make it secure. For this reason it may be necessary from time to time to provide updates or new versions of the app to fix security threats, adapt the app to new technical developments and standards or add new functions.

4.2 The user has free access to the update and is not obliged to download and/or install it.

4.3 Fosbury reserves the right to block all or part of an outdated version’s access to the Database if the outdated version poses a threat to the security or integrity of the Database, App or mobile device, or if it is technically necessary or economic reasons, it becomes unprofitable to maintain access.

5 MARKETING

5.1 By agreeing, the user consents to receiving information from Fosbury on a regular basis about the company’s products and services. This information may include, but is not limited to, newsletters, product and/or service updates, special offers, promotions, company news and advertisements from third parties. Company may contact User via email or directly through the App, including but not limited to push notifications and in-app notifications. If the User no longer wishes to receive emails, they may unsubscribe by following the “unsubscribe” instructions provided at the bottom of each Company email.

5.2 For more information on how the Company uses and protects users’ personal information and other information collected while using the Products, the Company refers to its Privacy Policy. The current version of this policy is available on the company’s website.

6 TERMINATION, REFUND

6.1 Termination of Contract

Fosbury reserves the right to terminate the user’s access to all or part of the Application and/or Website at any time, for any or no reason and with or without notice, effective immediately. User may terminate this Agreement and their Breaking 77 account by ceasing use of the Products. All provisions of this Agreement which by their nature should survive termination shall survive termination. This includes, without limitation, ownership provisions, disclaimers of warranties, indemnification and limitations of liability.

6.2 When the termination takes effect, the app’s access to the database will be blocked. The user’s personal data will be deleted after a period of fourteen (14) days.

7 THIRD PARTIES

The Website or App may contain links to other websites or apps on the internet owned and operated by online retailers and other third parties. The user acknowledges that the Company is not responsible for the availability or content on or through third party websites. Any concerns regarding such links or the content of such websites should be contacted by the website administrator of such third party. Use of any third-party website or app is subject to that website’s terms of service and privacy policy, for which we are not responsible. The Company encourages all users to read the terms of service and privacy policies of third-party websites.

All dealings between users and advertisers found on Company’s website are solely between those parties. The Company accepts no responsibility or liability for any loss or damage arising in connection with any dealings between users and advertisers on the Website. Users agree that they assume sole risk in dealing with any such advertiser.

8 SEVERABILITY

If any provision of the contract is found to be void or ineffective, or is or becomes invalid in whole or in part for any other reason, the remaining provisions of the contract shall continue to apply without restriction. We will replace the invalid provision with a valid provision, the legal consequences of which correspond as closely as possible to those of the invalid provision with regard to the content and purpose of the agreement.

9 ASSIGNMENT

You may not transfer, assign, subcontract or otherwise deal in any of your rights and obligations under the Contract without our prior written consent. We reserve the right to transfer, assign or novate any of our rights and obligations under any Contract or any rights or obligations hereunder.

10 GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Austria. You agree that any cause of action arising out of or relating to Fosbury may be brought exclusively in the courts located in Wr. Neustadt, Austria and you consent to the exclusive jurisdiction of those courts.

11 DISPUTES

Here in Austria they say: “People come together by talking!” We want to create transparency for our users in every phase. Communication with you and your trust in us is therefore very important to us. If you have any questions or problems regarding or with our Services, please contact us at support@breaking77.com.

 

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