Legal notice

In accordance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the user is informed that the domain Golfyapp.com belongs, as the owner, to:

Terms of use

The use of this website will be governed by these conditions, including the contents and services made available to users. It is for this reason that GOLFYAPP requests you to read these conditions carefully as they contain all the information related to your rights and obligations.

You should know that merely accessing the website will consider you as a “user” of it and, with this, you expressly, automatically, and voluntarily accept the conditions in force at any time. If you do not wish to accept them, it is recommended that you do not continue using the website.

GOLFYAPP reserves the exclusive right at any time to review these conditions to introduce modifications arising from legislative changes or corporate decisions, committing to publish and thereby inform of the variations that may affect users. These modifications will be understood as accepted when the user continues to use the website.

Likewise, GOLFYAPP reserves the right to unilaterally modify at any time and without prior notice the structure and design of the website as well as the services or contents. Under these same terms, during tasks of modification, repair, updating, or improvements, access to the website may be suspended.

It might occur that as a result of the modifications in the website described in the previous paragraph, new contents or services are included which, in addition to being subject to these Terms of Use, may also be subject to Particular or Special Conditions that expand or replace the present ones. In case of any discrepancy between the general and the particular conditions, the stipulations of the latter will prevail.

The access to certain contents and the use of different functionalities of the website may be subject to certain conditions which may operate as particular or general conditions and will, in any case, be displayed with total transparency before their express acceptance in advance by the users. These conditions may replace, complete, or even modify the present terms of use.

User obligations and responsibilities

During the use of the website, the user commits not to contravene current legislation, good faith, customs, and public order and is prohibited from using the website for illicit, deceptive, malicious, or harmful purposes for GOLFYAPP or third parties. Therefore, the use must be appropriate and correct, refraining from engaging in harmful conduct towards the image, interests, and/or rights of GOLFYAPP and/or third parties or damage, render useless, or overload the website. Likewise, they must refrain from accessing, using, and/or manipulating GOLFYAPP's data.

The user commits to providing truthful information through communications with GOLFYAPP, being solely responsible for any damage or harm that could be caused by such information being inaccurate or false, both to GOLFYAPP and to third parties.

The user is solely responsible for ensuring compliance with the minimum technical requirements and internet connection needed for the correct use of the website. Consequently, GOLFYAPP will not assume any responsibility for the inadequacy of the technical requirements of the user's equipment that prevent proper operational functioning.

GOLFYAPP reserves the right to undertake the necessary legal actions in defense of its interests or temporarily suspend, without prior notice, accessibility to the website due to maintenance, repair, update, or improvement operations.

The user agrees to use this website respecting the following points:

• The user agrees not to cause damage, interruptions, inefficiencies, or defects in its operation or in the computer systems of any third party or, in this case, of GOLFYAPP. Conduct that may cause the saturation of the systems or infrastructure of this website, or of GOLFYAPP's systems or networks, is also prohibited.

• Use this website for the transmission, installation, or propagation of viruses, malicious code, or any other harmful system of similar nature.

• The user agrees not to attempt to breach access levels, improperly manipulate data, duplicate or export data or information protected by intellectual property or other legal rights, attempt to access restricted areas of GOLFYAPP's computer systems, introduce programs, viruses, or any other device that may produce modifications in GOLFYAPP's or third parties' computer systems, as well as the use of hacking or forgery systems, password extraction, or any other similar means that may cause harm to third parties or GOLFYAPP.

• The user may not assign or transmit their username and password to a third party, and therefore, the use of the website for any purpose other than the exclusive satisfaction of their own usage needs, or other than the use described on the website, is prohibited. GOLFYAPP will never know the user's password. It will remain encrypted in GOLFYAPP's computer systems. In case of password loss or need, the user has a password recovery system available.

• In order to register as a user of this website, it will be necessary to be of legal age (eighteen years).

• The user may not register with a false identity, impersonate third parties, or take any other action that may confuse them with an identity other than their own.

• In case of misuse by a third party of the password and access data, the user must immediately notify GOLFYAPP of this fact in order to take appropriate measures. Until the user informs GOLFYAPP of such events, GOLFYAPP will be exempt from any liability that may arise from the unauthorized use of identifying data and/or passwords by third parties.

• The user shall provide the necessary means to ensure that passwords and access keys to the application remain under their control and are not disclosed, copied, or reproduced by unauthorized third parties, and must safeguard them.

• It is absolutely prohibited for the user, in an illustrative but not limited manner, to reverse engineer, decompile, disassemble, reproduce, translate, modify, version, market, duplicate, transform, or transmit to third parties, in whole or in part, the website, as well as to delete, manipulate, or alter in any way any physical or logical notice or label that includes GOLFYAPP's property rights over the application.

• The user agrees not to breach or attempt to breach the security or authentication measures of this website or any network connected thereto, including security or protection measures of the contents hosted on this website.

• The use of the website does not imply GOLFYAPP's acceptance, approval, and/or acknowledgment of the misuse made of the website, as GOLFYAPP only grants the user permission to make correct use of it, in accordance with this contract. The user is solely responsible for the correct use of the website.

• All rights not expressly included in these terms of use, including rights related to intellectual and industrial property, are reserved to GOLFYAPP.

• The user agrees not to use this website to process personal data of other users.

• Preventing the normal development of an event, contest, promotion, or any other similar activity on this website is prohibited.

Intellectual and Industrial Property

GOLFYAPP is the owner or holds authorizations and/or licenses for the exploitation rights of the intellectual and industrial property of the contents, photographs, videos, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, or any other sign that may be subject to marketing or industrial use displayed on the website, and they are protected, among others, by national and international intellectual and industrial property laws.

In no case shall it be understood that the access, navigation, and use of this website by the user, as well as the contracting of services and/or products, gives rise to a license, transmission, assignment, or waiver, total or partial, of the rights set forth in this document in favor of the user. Only a right to use the content and/or services of this website within the domestic scope is granted, with access and navigation for the purpose of enjoying the service offerings permitted within these conditions of use.

Reproduction of this website, as well as any of its contents, is prohibited without the express written authorization of GOLFYAPP. However, the user will have the right to create links to the website page for private and non-commercial use subject to different conditions, reserving GOLFYAPP the right to request, at any time, the immediate removal of any link to the website.

Likewise, it is prohibited to delete, manipulate, or in any other way, exploit the economic rights of GOLFYAPP or third parties without their written authorization. It is also prohibited to modify, copy, reproduce, publicly communicate, transform, or distribute the content of this website for any purpose other than that set forth in this document.

Any object subject to intellectual and/or industrial property, whether owned by the provider or third parties, implies the prohibition of exploitation without prior written authorization.

GOLFYAPP holds the ownership of the distinctive signs identifying its company, therefore prohibiting their reproduction, imitation, use, or insertion of these distinctive signs without our proper authorization.

The intellectual and industrial property of this website are subject to the CC BY-NC-ND license. This license does not allow the generation of derivative works or commercial use of the original work, meaning that only uses and purposes that are non-commercial are possible, except for those expressly agreed upon in particular conditions with users.

Link policy

This website may contain links to third-party websites. GOLFYAPP informs that these websites are managed by third parties, and GOLFYAPP assumes no responsibility for them.

However, if a user detects that third-party websites are engaging in illegal activities or contravening current legality, it is requested to communicate this directly to GOLFYAPP in order to study the case and, if appropriate, disable the link to the website.

Reproduction of this website or any of its contents is prohibited unless expressly authorized in writing by GOLFYAPP. Nevertheless, users will have the right to create links to the website page for private and non-commercial use subject to different conditions, with GOLFYAPP reserving the right to request the immediate removal of any link to the website. The conditions are:

• It will be a revocable and non-exclusive right.

• It must not imply that GOLFYAPP endorses that website, services, or products, nor falsify its relationship.

• It must not include content considered in bad taste, obscene, offensive, controversial, inciting violence, or discriminatory based on sex, race, or religion, contrary to public order, or illegal.

• The link must direct to the website without allowing its reproduction as part of another website or within one of its frames, or create a browser on any of the pages of the website.

GOLFYAPP cannot control the information, contents, products, or services provided by other websites that have established links to the website. Therefore, it is not responsible for any aspect related to such websites.

Company responsibility

GOLFYAPP does not guarantee the reliability, usefulness, or truthfulness of absolutely all the information on this website. Therefore, GOLFYAPP cannot guarantee:

• The continuity of the content hosted on this website or the absence of errors in such content.

• Despite having taken technical and organizational measures at GOLFYAPP according to the current state of the art, the invulnerability of the website, and/or the impossibility of breaching the security measures adopted.

• Performance of the website.

• Potential damages caused by third parties by violating the provisions of this document.

Likewise, GOLFYAPP is not responsible for problems resulting from the malfunction or use of non-optimized versions of any type of browser, as well as those derived from prolonged interruptions in power supply, telecommunications lines, social conflicts, strikes, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

Both access to the website and the use that may be made of the information contained therein are the sole responsibility of the user. Therefore, GOLFYAPP is not responsible for the consequences that such use or access to information may cause and will only proceed to remove, as soon as possible, the contents that may generate any kind of harm or damage, provided that it is notified or has effective knowledge.

GOLFYAPP will not be liable for possible security errors that may occur or for any damages that may be caused to the user's computer system, files, or documents stored therein, when they originate from a virus from the user's computer, malfunction of the browser, or the use of outdated versions thereof, telephone breakdowns, interference, omissions, or disconnections in the operational functioning of the electronic system caused by factors beyond GOLFYAPP's control.

GOLFYAPP cannot control the information, content, products, or services provided by other websites that have established links to the website. Therefore, it is not responsible for any aspect related to such websites, nor can it guarantee their total availability.

In case of breach of any of the provisions contained in this document, GOLFYAPP reserves the right to take appropriate actions under current legislation and in the exercise of its rights or obligations. Therefore, GOLFYAPP may report to the state authorities, as well as to any competent authorities or deemed appropriate, if it detects any violation of current legislation, these conditions, or if there is suspicion of the commission of any crime.

Data Protection

GOLFY APP, S.L. (hereinafter, GOLFYAPP) aims to respect the privacy of its users and protect the personal data they may provide to GOLFYAPP.

In accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter, LOPDGDD) and the General Data Protection Regulation of the European Union (hereinafter, GDPR), users may consult GOLFYAPP's privacy policy on this website.

Likewise, users are informed that the cookie policy is also available on this website.

Conflict Resolution. Applicable law and jurisdiction

The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with the current Spanish legislation.

The parties expressly submit, for any issues or disputes that may arise regarding the interpretation, compliance, and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the domicile of the consumer or user or to those of the place of performance of the contractual obligation.

Legal text developed by:
Área Digital Abogados, S.L.P.
areadigitalabogados.es