Sweetspots' Terms and Conditions for User
These terms and conditions for users (the "Terms and Conditions") governs the use of the booking service Sweetspot accessed through a computer, phone, smartphone or other mobile device (the "Device"). By using the Application (as defined below), you (the "User") accepts and agrees to the Terms and Conditions and you enter into an agreement with Sweetspot AB, organisation number 559095-3583, ("Sweetspot"). If the Terms and Conditions are not accepted the Application (as defined below) shall immediately be uninstalled from the Device.
1. The Services
1.1 Sweetspot provides a mobile application for Devices (the "Application") by which the User may book golf tee times ("Tee Times"), pay membership fees, rent or buy equipment etc. at golf clubs, facilities and other golf related partners to Sweetspot (the "Facilities").
1.2 The Application allows the User to:
(i) search and book Tee Times at the Facilities;
(ii) book Tee Times and invite other users and others to Tee Times at the Facilities;
(iii) pay membership fees (green fee) to the Facilities;
(iv) rent or purchase products/services from the Facilities;
(v) renew the User's membership at a Facility; and
(vi) use the additional functions that Sweetspot develops for the Application.
The provision of services as described in this paragraph 1.2 are referred to herein as the "Services".
2. User account
2.1 By accepting the Terms and Conditions you submit that you are over the age of 16 years, or over the age of 13 years with consent from a guardian to use the Services.
2.2 In order to use the Services, you must register a user account with Sweetspot ("User Account") and accept the Terms and Conditions. Only one User Account is permitted per User. The User Account is personal to the User and may not be transferred or in any other way transported to a third party (unless expressly stated in the Terms and Conditions).
2.3 An Apple-ID or Google account is required to register a User Account. When registering the User Account, the User shall provide correct and truthful information. Any inaccuracies or errors in the information provided by the User is the responsibility of the User.
2.4 It is further the responsibility of the User to protect login details from unauthorised access. The User is obligated to immediately give notice to Sweetspot if the User has reason to believe that unauthorised access to the User Account has occurred. Sweetspot has the right, but not the obligation, to block access to the User Account if there is reason to believe that unauthorised access has or will occur.
3. Use of the Services
3.1 The Services may only be used for personal and non-commercial use.
3.2 The User undertakes not to use the Services or any of the functions provided through the Application for illegal purposes or purposes prohibited by the Terms and Conditions.
3.3 By using the Service the User, besides the Terms and Conditions, enter into an agreement with the relevant Facility in accordance with the general terms and conditions of the Facility (the "Facility Conditions"). It is the responsibility of the Facilities to ensure that the Facility Conditions in the Application are correct and up to date.
3.4 The User hereby confirms and accepts that the Facility is responsible for providing Tee Times, products and services or other commitments as set out in the Facility Conditions and the User shall direct any questions or claims regarding contractual obligations (including but not limited to refunds, cancelations and potential disputes) directly to the applicable Facility.
3.5 The User may through the Application invite (i) other Users to Tee Times (that will receive a notification in the Application) and (ii) non-members (that will receive a text message with a link to the booking information).
3.6 The User does not have the right to use any of Sweetspot's trademark, company name or other characteristics, unless necessary for the intended use of the Services.
Equipment and connection costs
3.7 The User is responsible for all equipment required to use the Services (phone, software, telecommunications systems etc.). Furthermore, the User is responsible to acquire and update necessary hardware and software in order to access and use the Services.
3.8 The Device must have an internet connection for the Application to function properly. The User is responsible to take all necessary actions in order to connect the Device to the internet and pay all fees that the relevant internet service provider may charge as a result of the Application's transmission of data (including but not limited to fees for data roaming).
Payment and price information
3.9 When booking a Tee Time, purchase of product or service the Facility's prices and terms at such time apply, such prices and terms are set out in the Facility Conditions in the Application. Offers or discounts that are provided through the Application cannot be combined with other offers or discounts.
3.10 When booking a Tee Time, purchase of product or service the User will receive a confirmation in the Application which will be displayed together with relevant price (the "Fee"). When booking a Tee Time, payment information will be provided for each User, respectively. The User shall pay the Fee by using the relevant payment method as indicated in the Application (e.g. direct payment to the Facility). After receiving payment, Sweetspot will send out an electronic receipt by email. The Fee for each User must be paid before the Tee Time, product or service can be used.
3.11 Payment of the Fee or other costs through Sweetspot are considered as a payment directly to the Facility. The Fee will include applicable taxes as required by law. The payment of the Fee and other costs are final and non-refundable, unless otherwise stated by Sweetspot. The payment structure is intended to comprise the full Fee that shall be paid to the Facility. Sweetspot is however not liable for any additional fees or costs stated in the Facility Conditions or otherwise applied by the Facility.
3.12 In the event payment of the Fee is delayed, Sweetspot reserves the right to, on behalf of the Facility, take such necessary actions in order to obtain payment (including but not limited to transfer the claim to a collection firm or applying for a payment order (Sw. betalningsföreläggande) from the Swedish Enforcement Agency (Sw. Kronofogdemyndigheten).
Cancellation of Tee Times
3.13 Cancellations shall be made through the Application. The Facility's cancellations policy as set out in the Facility Conditions apply. Should information be missing in the Facility Conditions, the User shall contact the Facility in order to obtain information on the applicable cancellation policy.
4.1 All intellectual property in the Application, or in other parts of the Services, is either owned by or used by Sweetspot through license. Nothing in these Terms and Conditions shall be interpreted as a transfer of any intellectual property or other rights to the User or a third party.
4.2 Subject to the User abiding by the Terms and Conditions, Sweetspot issues a limited, non-exclusive, non-sublicensable, non-transferrable, revokable license which allows access and use of (i) the Application on the Device and (ii) content, information and material accessible through the Application, for the Users personal and non-commercial use. All rights which have not expressly been granted herein are reserved for Sweetspot and its licensors.
5. Use of personal data
5.1 In order to provide the Services and perform its obligations to the User, Sweetspot must collect, process and to some extent store the personal data of the User.
5.3 The Application's function for display of nearby Facilities uses available location data (Sw. platstjänster) from the Device's GPS-system or mobile data network in order to determine nearby Facilities. The data is collected anonymously but can be used to determine the Users exact or approximate location. Sweetspot confirms that location data is only used to inform Users of nearby Facilities and that the data is deleted every time the Application is shut down. Location data can at any time be disabled in the Device´s settings.
6. Liability and limitation of liability
6.1 The Services, including the Application, may contain inaccuracies or errors. Sweetspot and its suppliers do not guarantee and is not liable for any such inaccuracies or errors in the Application except as specifically stated in these Terms and Conditions. All information, software, products and services are provided "as is" (Sw. befintligt skick). The information provided by Sweetspot is regularly updated and Sweetspot reserves the right to improve and/or change the content of the Application at any given time.
6.2 Sweetspot is a booking service and shall not be liable for incorrect or incomplete information from the Facilities or other suppliers, including but not limited to the Facility Conditions, photographs, attributes or quality of golf courses, information about the golf course´s amenities or other descriptions displayed in the Application. The fact that products and services are displayed and offered in the Application shall not be interpreted as a recommendation or a guarantee provided by Sweetspot.
6.3 The Application may contain links to other webpages which are provided and administered by others than Sweetspot. Such links are solely provided as a service to the User. The occurrence of such links does not mean that Sweetspot has approved the content or accepted liability for the content displayed on such websites, nor does it mean that Sweetspot is in any way affiliated with the website provider.
6.4 Sweetspot is not liable and is not obliged to compensate for delays, cancellations, overbooking, strikes, force majeure or other circumstances outside the scope of Sweetspot´s immediate control.
6.5 To the extent permitted by applicable mandatory law, Sweetspot shall not be liable for any direct or indirect damages or any consequential damages resulting from the use of the Service, or delay or failure to use the Application, the provided information or the software. The above apply regardless of the basis of the liability claim.
7. Indemnification clause
The User accepts and agrees to indemnify Sweetspot for any damages, losses, fines, penalties and other costs, including but not limited to reasonable lawyer's and accountant's fees, requested by Sweetspot or a third party due to the User's:
(i) non-compliance with the Terms and Conditions or other conditions referred to herein;
(ii) violation of appliable law of infringement of any third party rights; or
(iii) use of the Application in contradiction to its intended use.
8. Duration, revisions and termination of contract
8.1 These Terms and Conditions apply until further notice. Sweetspot reserves the right to amend the Terms and Conditions at any given time. The User agrees and undertake to respect and comply with the Terms and Conditions applicable at any given time.
8.2 The User may at any time and without previous notice cancel the User Account and thereby immediately terminate the contractual relationship between Sweetspot and the User.
8.3 Sweetspot may restrict the Users access to the Service if there is reason to believe that the User is violating, or will violate, the Terms and Conditions or the Facility Conditions and terminate the provision of the Service with immediate effect by notice by email.
8.4 Furthermore, Sweetspot reserves the right to, at any time, modify, cancel or temporarily or permanently cease to provide the Service if the business operations materially change or if applicable law or governmental regulation.
8.5 All rights and obligations which has arisen before the termination in accordance with clauses 8.2 and 8.3 shall still be enforceable in accordance with the Terms and Conditions.
9.2 Sweetspot's failure to request that the User fulfils its obligations in accordance with these Terms and Conditions, or Sweetspot's failure to make a claim or otherwise enforce its rights under the Terms and Conditions, shall not be interpreted that Sweetspot cedes its right to make such claim or enforce its rights, nor does it means that the User is freed from fulfilling its obligations.
9.3 The User does not have the right to transfer any rights, obligations or licenses established in these Terms and Conditions. Sweetspot has the right to transfer all rights and obligations established in these Terms and Conditions to a third party.
9.4 Any rights for the User established by applicable mandatory law are not affected by the Terms and Conditions.
10. Conflict of laws and dispute resolution
10.1 The Terms and Conditions shall be governed by Swedish law. Any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, or the breach, termination or invalidity hereof, shall be finally settled by the district court of Stockholm as first instance.
10.2 In respect of disputes concerning consumer rights the following resources are available to the User:
(i) Swedish National Board for Consumer Disputes (www.arn.se) address: Box 174, 101 23 Stockholm; or
(ii) the European commission's platform for complaints (http://ec.europa.eu/odr).
At the Swedish Consumer Agency´s website there is more information about your rights as a consumer: www.konsumentverket.se
11. Contact information