Welcome to SwingSync (the App). The App is a mobile and desktop golf data analytics and improvement platform (the Services).
The App is operated by Innovative Sporting Platforms Pty Ltd (ACN 672 433 608). Access to and use of the App, or any of its associated Products or Services, is provided by Innovative Sporting Platforms Pty Ltd. Please read these terms and conditions (Terms) carefully. By downloading, installing, browsing, and/or using the App, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the App and delete it from your devices immediately.
Innovative Sporting Platforms Pty Ltd reserves the right to review and change any of the Terms by updating this document at its sole discretion. When updates occur, we will use reasonable endeavours to provide you with notice (such as an in-app notification). Any changes take immediate effect from the date of their publication.
You accept the Terms by downloading and installing the App, remaining on the App, or by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
If you download the App through a third-party app store, such as the Apple App Store or Google Play Store (the App Store Providers), you acknowledge and agree to the following:
Innovative Sporting Platforms Pty Ltd grants you a worldwide, non-exclusive, royalty-free, revocable, and non-transferable license to:
Restrictions: You must not reverse engineer, decompile, disassemble, or attempt to derive the source code of the App. You may not distribute, rent, lease, or sub-license the App to any third party.
Updates: From time to time, we may automatically issue updates to the App to improve performance, enhance functionality, or address security issues. You agree to receive such updates and acknowledge that the App may not function properly if you do not install the latest version.
The App allows you to sync data from third-party services. You expressly acknowledge and agree that:
In order to access the Services, you must first register for an account through the App (Account). You may be required to provide personal information about yourself, including your email address and preferred username.
You warrant that any information you give to Innovative Sporting Platforms Pty Ltd will always be accurate, correct, and up to date.
You may not use the Services if:
As a Member, you agree to comply with the following:
Payments made for your use of the Services may be processed using Stripe, or via In-App Purchases managed by the App Store Providers (Apple/Google).
If you subscribed via an App Store Provider (Apple or Google), refunds are handled entirely by Apple or Google according to their respective refund policies, and you must contact them directly.
If you subscribed directly through us via Stripe, Innovative Sporting Platforms Pty Ltd will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services, or if management makes a decision, at its absolute discretion, that it is reasonable to do so.
Any benefits set out in these Terms may apply in addition to consumer’s rights under the Australian Consumer Law.
The App, the Services, and all related products of Innovative Sporting Platforms Pty Ltd are subject to copyright. The material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Innovative Sporting Platforms Pty Ltd or its contributors.
Innovative Sporting Platforms Pty Ltd retains all rights, title, and interest in and to the App. Nothing you do on or in relation to the App will transfer any intellectual property rights to you.
Innovative Sporting Platforms Pty Ltd takes your privacy seriously. Any information provided through your use of the App and/or Services is subject to our Privacy Policy, which explicitly outlines our practices regarding the local storage of your data.
Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
Use of the App and the Services is at your own risk. The App is provided to you “as is” and “as available” without warranty or condition of any kind.
Innovative Sporting Platforms Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
The Terms will continue to apply until terminated by either you or by Innovative Sporting Platforms Pty Ltd.
If you want to terminate the Terms, you may do so by:
Innovative Sporting Platforms Pty Ltd may at any time, terminate the Terms with you if you have breached any provision of the Terms, if required by law, or if the provision of the Services is no longer commercially viable.
You agree to indemnify Innovative Sporting Platforms Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or arising out of your breach of the Terms or your misuse of the App.
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party claiming a dispute (Dispute) must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
Resolution: On receipt of that notice (Notice), the parties must:
Confidential: All communications concerning negotiations are confidential and must be treated as “without prejudice” negotiations.
The Services offered by Innovative Sporting Platforms Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the App, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in any way relating to the Terms shall be governed, interpreted, and construed by the laws of Victoria, Australia.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.