About   Welcome to HowDidiDo. These Terms apply when you download, access or use the HowDidiDo App (the “App”) within the United Kingdom and Ireland.   These Terms form a contract between you and Club Systems International Limited (“we”, “us”).   The App is provided by: Club Systems International Limited Company number: 03550638 Registered office: 107 Cheapside, London, England, EC2V 6DN     References to “HowDidiDo” in these Terms mean the App operated by Club Systems International Limited.

1.     Contractual Information

Please read this summary carefully the law requires us to highlight certain key points:

1.1.    Your consumer rights

You have rights under the Consumer Rights Act 2015 (“Consumer Protection Law”). If the App or digital content we provide is faulty, you may be entitled to a repair, replacement or refund. Nothing in these Terms affects those rights.

1.2.    Subscriptions & auto-renewal. If you choose a paid subscription (via any In-App Purchases), these terms will renew automatically unless you cancel at least 24 hours before your renewal date.

1.3.    Cancelling your account. You can cancel at any time via your App Store account settings.

1.4.    Pricing and price changes. Fees will not change during a period you have already paid for. If we change Fees for future periods, we will notify you and you may cancel before renewal.

1.5.    Changes to these Terms. We may make changes to the App or these Terms for legal, technical, or operational reasons. If changes are significant, we will notify you. If you do not agree, you may stop using the App and/or cancel your account in accordance with clause 1.3.

1.6.    Contacting us. If you have questions or complaints, you can contact us at support@howdidido.com.

 

2.      THE SERVICES WE PROVIDE

2.1.    We provide the App as an online service so that you can record, view and manage your golf scores, handicaps, competition results and related golfing information. Some features may require you to have a valid handicap or membership with a participating golf club or governing body.

2.2.    We will provide the App with reasonable care and skill and will use reasonable efforts to keep it available and working properly. However, as the App is provided over the internet and relies on third-party systems (such as your device, your internet connection, app stores and hosting providers), we cannot guarantee that it will always be available or free from errors, delays or interruptions. This does not affect your legal rights.

2.3.    From time to time we may update, modify or improve the App, for example to: (i) add or change features; (ii) improve performance or security; (iii) fix bugs; and/or (iii) comply with changes in law or requirements from app stores or golf governing bodies.

2.4.    Where a change is significant, we will notify you in advance where reasonably possible and explain what it means for you. If you do not agree with a significant change, you may stop using the App and cancel any subscription at the end of your current billing period.

2.5.    We may need to carry out planned or urgent maintenance on the App or our systems. This may affect availability. Where reasonably possible, we will try to schedule maintenance at times we expect to be less disruptive and will give you reasonable notice of planned maintenance.

2.6.    We may suspend, restrict or disable your access to the App (or parts of it) if: (i) you seriously or repeatedly breach these Terms; (ii) we reasonably believe your account has been compromised or is being used fraudulently or unlawfully; (iii) we are required to do so to comply with law, a court order, regulator or golf governing body; and/or (iv)there are technical, security or operational reasons which mean we need to suspend access.

2.7.    We will try to contact you in advance where reasonably possible, but this may not always be possible (for example, in urgent or security-related situations).

2.8.    Nothing in this section limits your rights under UK consumer law. If the App or any paid digital content does not conform to these Terms or to what we have agreed with you, you may be entitled to a repair, replacement or refund under your statutory rights.

2.9.    We will provide the App and any related services with reasonable care and skill and in accordance with good industry practice. Nothing in these Terms affects your legal rights under consumer law.

2.10. Some features of the App depend on third-party systems (such as golf clubs, governing bodies, app stores, hosting providers, and your device and connection). We are not responsible for delays or issues caused by factors outside our reasonable control.

2.11. Where we estimate that a feature, update or service will be available at a particular time, this is only an estimate. We will use reasonable efforts to meet any timescales we provide, but timing is not guaranteed.

 

3.     LICENCE AND INTELLECTUAL PROPERTY

3.1.    We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on devices that you own or control, for your own personal, non-commercial use and in accordance with these Terms and any rules of the App Store.

3.2.    This licence is for use of the App only. You do not acquire any ownership rights in the App or any content or data that we make available within it. All intellectual property rights in the App and its content are owned by us or our licensors.

3.3.    You must not (and must not try to):

(i) copy, modify, adapt, merge, translate, or create derivative works from the App or any part of it, except where this is allowed by law;

(ii) decompile, reverse engineer or otherwise attempt to derive the source code of the App, except to the extent that you are allowed to do so by law and then only after asking us first;

(iii) rent, lease, sell, sublicense, assign, distribute, publish or otherwise make the App available to any other person;

(iii) use the App for any commercial purpose without our prior written consent;

(iv) remove or obscure any copyright, trade mark or other proprietary notices in the App;

(v) access the App in order to build a competing product or service, or to copy any ideas, features or graphics of the App; or

(vi) use the App in any way that is unlawful, harmful, or could damage, disable, overburden or impair our systems or interfere with other users.

3.4.    Where the App allows you to upload, submit or create content (for example scores, comments, profile details), you:

(a) retain ownership of your content; but

(b) grant us a worldwide, non-exclusive, royalty-free licence to use, store, display and adapt that content only as necessary to operate and improve the App and related services.

3.5.    We may suspend or terminate your licence to use the App if you seriously or repeatedly breach these Terms.

3.6.    This licence will automatically end when you delete the App and close your account, without affecting any rights or obligations that arose before then.

3.7.    For the avoidance of doubt, all intellectual property rights in the App, its software, databases, design, trademarks, content and all related materials are owned by us or our licensors. The App is licensed to you, not sold. Other than the limited licence granted to you under this Section 3, you do not acquire any ownership or proprietary rights in the App or its content, and no intellectual property rights are transferred to you under these Terms.

 

4.     YOUR RESPONSIBILITIES

4.1.    You are responsible for ensuring that your device, operating system and internet connection meet any minimum requirements needed to use the App. We are not responsible for issues caused by your device, settings, operating system, or mobile/data provider.

4.2.    You must keep your login details and account credentials secure and confidential. You are responsible for all activity carried out under your account unless it results from something we have done wrong.

4.3.    You must use the App only for lawful purposes and in accordance with these Terms. In particular, you must not (and must not attempt to):

(i) upload, share or submit anything that is unlawful, defamatory, obscene, hateful, discriminatory, misleading, infringing, or otherwise inappropriate;

(ii) bully, harass, impersonate, or misuse the App to cause harm or nuisance to others;

(iii) misuse the App by introducing viruses, malware or other harmful technologies;

(iv) gain or attempt to gain unauthorised access to the App, our systems, other users’ accounts, or any related data;

(v) scrape, harvest, extract or reproduce any data from the App by any automated or manual means, except where permitted by law;

(vi) circumvent, disable or interfere with security-related features of the App;

(vii) decompile, reverse engineer or otherwise analyse the App except where you are allowed to do so by law and only after asking us first;

(viii) use the App for any commercial purpose without our prior written consent; or

(ix) do anything that may disrupt, damage or impair the proper operation of the App or reduce the enjoyment of the App by other users.

4.4.    You must ensure that any information you provide to us (including profile information, scores, competition entries and user-generated content) is accurate, up-to-date and not misleading.

4.5.    If you breach this section, we may suspend or restrict your access to the App, or close your account, where appropriate. We will try to give you notice where reasonably possible, unless the breach is serious or urgent action is needed for legal, technical or safety reasons.

 

 

5.     PAYMENT (IN-APP PURCHASES)

In-App Purchases:

5.1.    You shall receive a fourteen (14) day free trial prior to purchasing any paid subscription. Thereafter, App features are available only through a paid subscription (“In-App Purchases”). You can choose whether to make an In-App Purchase option. If you do, your subscription will begin once your purchase is confirmed by your App Store account (Apple or Google).

5.2.    App Store payments. All payments for In-App Purchases must be made through your App Store account. We do not handle or store your payment card details, and we do not issue invoices to consumer users.

5.3.    Auto-renewal. If you make an In-App Purchase, it will automatically renew at the end of each subscription period unless you cancel at least 24 hours before renewal.

5.4.    Managing or cancelling your In-App Purchases. You can manage or cancel your In-App Purchases at any time in your App Store account settings. Deleting the App does not cancel your subscription. If you cancel, you will continue to have access to the In-App Purchases until the end of your current billing period.

5.5.    Pricing and taxes. In-App Purchase prices and the applicable billing period will be shown to you in the App Store before you complete your purchase. Prices include any applicable taxes unless the App Store indicates otherwise.

5.6.    Refunds. Any requests for refunds must be made directly through the App Store. Refund eligibility is determined by the App Store’s own policies.

5.7.    Price changes. We may change the price of future subscription periods. If we do, we will notify you in advance: (i) the new price will apply only at your next renewal; (ii) if you do not agree to the new price, you may cancel your any subscriptions relating to In-App Purchases before it renews; and (iii) You will not be charged a higher price for a period you have already paid for.

5.8.    No late-payment fees or interest. Because all payments are handled through your App Store, you will not be charged late-payment fees or interest, and we will not pursue you for unpaid sums

 

6.     TERM AND TERMINATION

6.1.    When these Terms begin. These Terms apply from the moment you first download, access or use the App and continue until your account is closed.

6.2.    Your right to end your use of the App. You may stop using the App at any time by closing your account through your account settings.

6.3.    If you have made any In-App Purchases, cancellation is handled via your App Store account, and you will continue to have access to any In-App Purchases until the end of your current billing period.

6.4.    Our right to suspend or terminate your access. We may suspend, restrict or close your account (or access to certain features of the App) if:

(a) you seriously or repeatedly breach these Terms;

(b) we reasonably believe your account has been compromised or is being used fraudulently;

(c) we are required to do so to comply with law, a court order, or a request from a relevant golf governing body; or

(d) there are technical, operational or security reasons that make this necessary.

6.5.    We will try to give you notice where reasonably possible unless urgent action is needed.

6.6.    What happens when your account ends. When your account is closed:

(a) your licence to use the App under Section 3 will end;

(b) we may delete or anonymise your personal data as described in our Privacy Policy;

(c) some information (such as historic competition results or handicap data) may need to be retained where required for legitimate sporting or regulatory reasons; and

(d) any rights, remedies or obligations that arose before your account was closed will continue to apply.

6.7.    No return of digital content or “property”. The App is a digital service. You are not required to return anything to us, and we do not require you to return or “hand back” any property.

6.7.1.   

7.     CONFIDENTIALITY AND DATA PROCESSING

7.1.    Confidential information. During your use of the App, we may provide you with information that is confidential or proprietary (for example, technical details about how the App works). You agree not to disclose such information to others or use it for any purpose other than your personal use of the App, unless the information becomes public through no fault of your own or you are required to disclose it by law.

7.2.    We will not disclose your non-public information unless permitted by law or required to operate the App.

7.3.    Your personal data. Your personal data is handled in accordance with our Privacy Policy, which explains:

(i)      what personal data we collect;

(ii)     how we use it;

(iii)    when we share it;

(iv)    your legal rights; and

(v)     how to contact us about your data.

7.4.    Where there is any conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy will apply.

7.5.    We will handle any personal data in that content in line with our Privacy Policy.

7.6.    Anonymised and aggregated data. We may use anonymised and aggregated data (data that does not identify you) for purposes such as:

(i)      improving the App;

(ii)     analysing usage trends;

(iii)    generating statistical insights;

(iv)    supporting golf-related reporting.

(v)     This anonymised data does not identify you and may be used for commercial or research purposes.

7.7.    Data security. We use technical and organisational measures to protect your personal data. More detail is available in our Privacy Policy.

7.8.    No indemnities. Nothing in these Terms requires you to indemnify us. However, we may remove content or suspend access if you misuse the App or upload unlawful content.

 

8.     LIABILITY

8.1.    Nothing in these Terms excludes or limits our liability for:

(i)      death or personal injury caused by our negligence;

(ii)     fraud or fraudulent misrepresentation;

(iii)    anything else that the law does not allow us to exclude or limit.

9.      If we fail to comply with these Terms, we are responsible for foreseeable loss or damage that you suffer as a result. Loss or damage is foreseeable if either: (i) it is obvious that it will happen; or it is obvious that it will happen; or (ii) you and we both knew it might happen at the time you accepted these Terms.

10.   We are not responsible for: (i) losses that we could not reasonably anticipate; or (ii) losses caused by your device, internet connection or third-party services we do not control.

10.1. No exclusion of your statutory rights. Nothing in these Terms affects your legal rights, including your rights under the Consumer Protection Law relating to digital content.

10.2. Force majeure. We are not responsible for delays or failure to perform caused by events outside our reasonable control. If such an event prevents us from providing the App for a prolonged period, we will let you know and you may stop using the App at any time.

 

 

 

11.   ASSIGNMENT AND SUBCONTRACTING

11.1. We may transfer our rights or obligations under these Terms where this does not materially reduce your rights. We will notify you if this happens.

11.2. You may not transfer your rights or obligations to anyone else unless we agree in writing.

Subcontracting. We may use subcontractors and service providers to operate parts of the App. We remain responsible for their performance.

 

12.   CHANGES

12.1. We may update these Terms to reflect:

(i) changes to the App or new features; (ii) security, technical or legal updates; (iii) changes required by app stores or golf governing bodies.

12.2. If we make a significant change, we will notify you in the App or by email and explain what it means for you.

12.3. If you do not agree, you may stop using the App and cancel your In-App Purchases at the end of your current billing period.

12.4. We may make minor or editorial changes (for example, to improve clarity or update examples) without notice.

 

13.    DISPUTES

13.1. Contact us first if you have a concern or complaint about the App, please contact us at:

support@howdidido.com

We will try to resolve the issue with you.

GENERAL PROVISIONS

13.2. Publicity. We will not use your name or content for marketing purposes without your permission.

13.3. Third-party rights

These Terms do not give rights to anyone else.

Apple and Google may enforce certain App Store requirements, but they have no responsibility for the App.

13.4. Entire agreement. These Terms are the entire agreement between you and us relating to your use of the App.

13.5. Severance. If any part of these Terms is found to be unlawful or invalid, the remaining parts will continue in force.

13.6. No waiver. If we delay enforcing these Terms, we may still enforce them later.

13.7. Notices. We may contact you through the email address linked to your account or via in-App notifications.

You can contact us at support@howdidido.com.

13.8. Governing law. These Terms are governed by English law. If you live in Scotland or Northern Ireland, you may bring legal proceedings in your local courts.