Swing Social Terms and Conditions

This is the Terms and Conditions for the Swing Social application and website. This agreement will elaborate how we protect and respect your personal data and information that you provide to us. If you are a Swing Social user, customer or website visitor, these Terms and Conditions apply to you.

Swing Social collects data immediately upon usage of the application and website, some of which is personal information about you that needs to be treated with care. The personal data will be provided to us by you and other times data about you are collected automatically.

1. Introduction

When using the Swing Social App and the Swing Social Website, you referred to as “The User” or “You” unconditionally agree to the terms and conditions hereby defined in This Agreement. “The Company” refers to Gaxa Holdings Pty Ltd, trading as Gaxa Sports. If you do disagree to the terms and conditions of This Agreement, you should discontinue use of The Application and The Website. The Company reserves the right, at any time, to modify, update, or alter the terms and conditions of This Agreement without prior notice. Your continued use of the Swing Social App and Swing Social Website after amendments constitutes an acknowledgement and acceptance of the Agreement and its modifications.

2. Description

The following are descriptions of The Products:

  • Swing Social is a software application product available for download on Apple AppStore and Google Play Store for compatible mobile devices. The Swing Social App provides The User with features such as golf game scoring, social golf group functions, golf news, social features, location and navigation to golf courses.
  • The Swing Social Website provides The User with information about The Application, news about the golf world, a help center to resolve issues and general descriptive information about The Company.

To use the Swing Social products, The User is individually responsible for:

  • Compatible devices to use the Swing Social App and Swing Social Website, including but not limited to a Smartphone, Tablet, Computer, or “Wearable” internet-enabled device;
  • Having an internet connection to use the Swing Social App and Swing Social Website including but not limited to cell phone data services; and
  • Paying any costs and fees related to their own provision of items referenced above in (1) or (2), including those specific to service contracts of individual cell phone coverage carriers.

3. Pricing Terms

The Swing Social App is Free to download but The User can elect to subscribe for Premium to get exclusive features.

The Swing Social Premium subscription is available at the fees advertised in each moment. Payment will go through Apple account or Google Play account [referred to as “Store Accounts”]. The subscription will automatically renew for the same period, unless cancelled at least 24 hours before the end of the current period. Subscriptions can be managed by The User and auto-renewal may be turned off by going to Account Settings.

The Swing Social Website is Free. There are no fees associated with the use of The Swing Social Website.

The Company reserves the right to change the prices and/or pricing structure of The Swing Social App and Swing Social Website at any time.

4. Corporate Contact

The User agrees to periodically receive Information regarding The Company’s Services and Products. The Information includes but is not limited to Special offers, Newsletters, Product and/or Service Updates, and Promotions, Company News, and Third-party Advertising. The Company can contact The User by email or directly via the Swing Social Application; “Push Notifications” and “In-app Notifications.” Users can opt-out of email contact by “Unsubscribe” at the bottom of emails from The Company.

For more info about how The Company utilizes and protects Users’ personal information and other information, please refer to The Company’s Privacy Policy.

5. Agreement to Deal Electronically

All of The User’s transactions with or through the Application and the website may, at The Company’s option, be conducted electronically from start to finish. If The Company decides to proceed non-electronically, those services will still be governed by the remainder of these Terms and Conditions. If the law allows The User to withdraw this consent or if we are ever required to deal with The User non-electronically, The Company reserves the right to charge or increase fees.

6. Unauthorized Use of Password

The User agrees to be solely responsible for all transactions or acts that are validated through use of their password, whether or not made with The User’s knowledge and authority, these transactions will be binding to The User. You agree to protect your password and are aware that a failure to keep it secure may enable others to engage in transactions through The Application and/or The website for which you will be legally responsible. Please contact us immediately if you suspect it is being used without your consent and we will refuse to accept any further orders placed under that password on your behalf and will use commercially reasonable efforts to block such orders.

7. Rules & Responsibilities

The User agrees to not use The Application or The Website or The Company’s means of contact to:

  • Upload, post, email or otherwise transmit:

    • (a) Content that is harmful, threatening, unlawful, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • (b) Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • (c) Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
    • (d) Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;
    • (e) Materials that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Impersonate any entity or person, including, but not limited to, The Company, a Company official, a forum leader, or a host, or otherwise misrepresent a User’s affiliation with a person or entity;
  • Act in a manner that negatively affects other users’ ability to engage in real time exchanges; or
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

The Company shall have the right (but not the obligation) to monitor the content of The Application and The Website to determine compliance with this Agreement and any operating rules established by The Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted by The User.

8. Modifications and Interruption to Product(s) or Service(s)

The Company reserves the right to discontinue or modify its offering of The Products with or without notice to Users. The Company shall not be liable to any User or any Third Party should The Company exercise its right to modify or discontinue The Products and The Services. By agreeing to The Terms and Conditions herein and by using The Application and The Website, The User acknowledges that The Company does not guarantee continuous, uninterrupted, or secure access to The Application or The Website.

9. Termination

The Company may terminate The User’s access to The Application and The Website at any time, with or without cause, with or without notice, effective immediately. The User may terminate this Agreement and Swing Social Account simply by discontinuing use of The Products or Service.

10. Compliance With Laws

The User is responsible for knowledge of all laws that may be directly or indirectly applicable to use of The Swing Social App and Swing Social Website and agrees to comply with all such laws. The User may not use The Products to the extent that use violates applicable state, federal, or international laws, regulations, or other government requirements. The User further agrees not to transmit any material or carry out any other action that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

11. Third Party Sites

The Application Website may include links to other sites on the Internet that are owned and operated by online merchants and other Third Parties. Users acknowledge that The Company is not responsible for the availability of, or the content located on or through, any Third Party site. Users should contact the site administrator or webmaster for those Third Party sites if Users have any concerns regarding such links or the content located on such sites. Use of Third Party sites is subject to the terms of use and privacy policies of each site, and We are not responsible therein. The Company encourages all Users to review terms of use and privacy policies of Third Parties sites.

Any dealings with advertisers found on The Company’s Website are solely between the User and that advertiser. The Company shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on The Website. Users agree to assume the sole risk in dealing with any of said advertisers.

12. Disclaimer Regarding Accuracy of Vendor Information

While The Company tries to ensure that the information on its Website is accurate, We make no representations or warranties as to the accuracy or reliability of any information provided on The Website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.

13. Copyright Information

All contents of The Application and The Website, including but not limited to their respective site design, user interfaces, copy/text, graphics and application features are The Property of The Company and are protected by intellectual property rights. Any use of such Property from The Application and/or The Website without prior written permission of an authorized director of The Company is strictly prohibited.

Such prohibited uses include but are not limited to reproduction, modification, distribution, or replication of The Company’s Property for personal, recreational, commercial or other use. Further, any form of data extraction or data mining, or other commercial exploitation of any kind is also prohibited. The User agrees they will not use any robot, spider, other automatic device, or manual process to monitor, copy, or extract content contained in The Application or The Website without prior written permission of an authorized director of The Company.

14. Disclaimer of Warranties

The Company makes no warranties of any kind regarding the use or the results of The Products or Information therein in terms of their correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any permanent or temporary interruptions in the use of The Products or Services. The Company does not warrant that its Product or Service will operate error-free or that The Application or The Website are free of computer viruses, malware, or other potentially harmful or intrusive software. If The User’s use of The Products were to result in the need for servicing or replacing equipment or data, The Company is not responsible for any associated costs.

15. Limitation of Liability

In no event shall The Company or any of its affiliates be liable for any damages whatsoever, particularly special, indirect, consequential, or incidental damages. Further, The Company shall not be liable for damages for loss of profits, loss of revenue, or loss of use, arising from or related to a User’s use of The Products or Information contained therein, regardless of whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. The foregoing applies even if The Company has been advised of the possibility of such damages. Part or all of this Limitation of Liability provision shall not apply to the extent prohibited by applicable law.

16. User’s Representation and Warranty

The User represents and warrants that The User’s use of The Application and/or The Website will be in strict accordance with the The Company’s Privacy Policy, with This Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside), and The User’s use of The Application and/or The Website will not infringe or misappropriate the intellectual property rights of any Third Party.

17. Indemnification

The User agrees to indemnify and hold harmless The Company and its parents, subsidiaries, affiliates, directors and employees that either have been, are now, or will be at any time in the future affiliated with The Company from any and all claims, demands, and expenses, including attorneys’ fees, made by any User or Third Party due to or arising out of User use of The Products, User violation of this Agreement, User infringement of intellectual property, or User infringement of any other right of any person or entity.

18. Other / Miscellaneous

If any provision within this Terms and Conditions of Use Agreement is rendered unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected and shall remain valid and enforceable to the maximum possible extent. You agree and understand that this Terms of and Conditions of Use Agreement and the other Agreements referenced herein may be assigned by The Company, at its sole discretion, to a Third Party in the event of a merger or acquisition. This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between The User and The Company in relation to Your participation as a User. By accepting this Terms and Conditions of Use Agreement, the User consents to the use and disclosure of their personal and other information and related practices as described in The Company’s Privacy Policy.