TERMS OF USE
Last update: June 5, 2020
These terms of use (the "Terms of Use") define the terms and conditions under which you are authorized to use the TAG Heuer Golf application (the “Application”). Please read these Terms of Use carefully and make sure that you understand them before you start to use the Application, as these will apply to your use of the Application. We recommend that you print a copy of these Terms of Use for future reference. If you do not agree to the Terms of Use, you must not use the Application.
Those Terms of Use are an agreement between you and TAG Heuer, branch of LVMH Swiss Manufactures SA, having its registered office at 6A rue Louis-Joseph Chevrolet 2300 La Chaux-de-Fonds, Switzerland. If you are residing in China, the Terms of Use are an agreement between you and LVMH Watch & Jewellery Commercial (Shanghai) Co, Ltd, having its office at Room 1702-1705, Tower One, Plaza 66, No. 1266 Nanjing Road West, Shanghai 200040, China.
When the Terms of Use mention “TAG Heuer”, “we”, “us”, or “our”, they refer to the party to your agreement that provides you with the Application.
1 - Description and use of the Application
The Application is available on compatible smartphones and watches and allows you to (i) access a database of golf courses worldwide, (ii) see the distance to the green, to the obstacles, (iii) virtualize golf games, manage the scorecard and calculate game statistics; and (iv) record the history of yours games and share them with your contacts.
If you are under 18, these Terms of Use must be read and accepted by your parent or legal guardian.
2 - Your TAG Heuer account
Your use of the Application requires that you create and complete your TAG Heuer account by providing us with information such as your first name, last name, email address, gender, birth date and country of residence.
You should make sure to provide and maintain accurate, correct and up-to-date information about yourself as requested by our account creation process. TAG Heuer will not be held responsible if you provide incorrect or inaccurate information, and some of the services provided to you through the Application may not operate properly if relying on incorrect or inaccurate information. We would also not be able to contact you with important notices should we not have your correct email address.
You are responsible for maintaining the confidentiality of your actions while using your TAG Heuer account. TAG Heuer is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account information. If you know or suspect that someone other than yourself knows your password, please notify us immediately via the "Help and Support" page of the Application and change your password through the “Change Password” or "Forgotten Password" function.
We are entitled to disable your account at any time if we reasonably believe that you have not complied with any provision of these Terms of Use.
3 - Availability of the Application
The Application will in principle be accessible 24 hours a day, 7 days a week, except if we need to interrupt access for maintenance purposes or for reasons which are beyond our control such as difficulties related to telecommunications networks or other technical difficulties.
4 - Emails and notifications
As part of your use of the Application, you may receive notifications (e.g., “Push” notifications) or emails to notify you of important events or to provide you with certain technical announcements and administrative messages regarding the Application. You only receive Push notifications if you enable them. You can disable them at any time through the settings on your phone.
We will not send you any marketing messages without having collected your specific prior consent for such purpose. Please refer to the privacy policy of this Application for further information.
5 - Intellectual property
We are the owner or the licensee of all intellectual property rights in the Application, and in the content published on it. Those elements are protected by copyright laws and treaties around the world. All such rights are reserved.
The use of the Application and access to its content does not confer any intellectual property rights to you with respect to these elements, which remain our property or the property of our licensors. We grant you a free, personal, non-exclusive and non-transferable right to use the Application and its content, only in a private context and subject to acceptance of and compliance with the Terms of Use. This right is granted to you only in the country from which you access the Application and during the sole period of accessibility of the Application.
Any distribution, copying, exploitation, translation, extraction, distribution, duplication, modification, deletion, transfer, representation or reproduction, as well as any alteration, in whole or in part, of the Application or its content or any of its components, in any manner and for any reason whatsoever, is expressly prohibited. It is also prohibited to (i) copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code (except as provided by law), sell, assign, sub-license or transfer in any way any right relating to the Application and its content; and/or (ii) infringe in any way whatsoever the intellectual property rights attached to the Application and/or its content.
Failure to comply with these prohibitions may constitute an infringement for which its author is liable.
6 - Personal data protection
TAG Heuer ensures the protection of your personal data. For more information about the processing of your personal data involved by your use of the Application, please refer to our privacy policy which will be made available to you before creating your account. Our privacy policy can also be consulted through the settings of the Application once you have signed in.
7 - Intended use
The Application and its content are provided for informational and recreational purposes only, for your private non-commercial use. We make no representations, warranties or guarantees, whether express or implied, that the content of the Application is accurate, current, complete or up-to-date.
While the Application contains features that allow you to follow your sports activities, you must always consult your physician before beginning or modifying any exercise program.
8 - Third Party Services
The Application contains links to content, websites, services, mobile apps or social medial platforms provided by third parties (the “Third Party Services”).
The Application will offer you the opportunity to link or synchronize your TAG Heuer account upon your choice, your data or other content in the Application with these Third Party Services. Please note that these Third Party Services are not under TAG Heuer control and we have therefore no responsibility for the content of those Third Party Services, nor shall we be liable for any loss or damages whatsoever that may be incurred because of any use of the Third Party Services.
Accordingly, as we do not own or control those Third Party Services, the Terms of Use and our privacy policy do not apply to them. The Third Party Services have their own privacy policies and terms of use, and you are responsible for reading, understanding and accepting them before using the relevant service, or before sharing information with the Third Party Services’ provider.
9 - Your obligations
You undertake:
- not to obstruct the proper functioning of the Application, in particular not to bypass technical protection systems, carry out or encourage acts of piracy, transmit viruses, interrupt, destroy or limit the functionalities of the Application as well as of any tool, software or hardware related to the Application;
- not to infringe the rights and image of TAG Heuer or third parties; and
- not to violate the laws and regulations in force as well as public order and morality. In particular, you may not violate the respect for privacy and personal data, human dignity and minors, nor incite violence, racial hatred, discrimination, racism, xenophobia, nor condone crimes, including war crimes and crimes against humanity.
10 - Our liability
TAG Heuer may not be held liable if a breach or improper performance of its obligations is attributable either to you, or to the unforeseeable and insurmountable fact of a third party, or to a force majeure event.
11 – Particular conditions for chargeable services
The Application is compatible with watches commercialized by TAG Heuer and Apple.
For Apple Watch users, the services allowing the display of distances, the entry of the scores, and the measurement of the distance of the shots on their watch can be subscribed to via monthly or annual subscriptions, the prices of which are displayed on the App Store page of TAG Heuer Golf (please note that the “TAG Heuer Upgrade” subscription as available on the App Store is only available to former “Fun Golf GPS” users who purchased the “Fun Golf GPS” app before transitioning to the Application. If you are not a former Fun Golf GPS user, you are not eligible to this subscription).
Subscription to chargeable services is governed by Apple's iTunes terms and conditions. You acknowledge that you have read and accepted Apple's iTunes terms and conditions at the time of payment. Payment and billing processing are subject to Apple's iTunes terms, conditions and privacy policy.
Payments are debited on your iTunes account after confirmation of purchase. TAG Heuer cannot be held responsible for any errors in Apple's iTunes payment process.
Subscriptions are renewed automatically unless the automatic renewal is cancelled at least 24 hours before the end of the active period. Your iTunes account is debited for renewal 24 hours before the end of the current period. You can change your subscription or stop automatic renewal at any time, including after purchase, by going to the Settings of your iTunes account. The cancellation of a subscription takes effect upon renewal, it is not possible to cancel the current period.
12 - Update of the Terms of Use
We may update or revise the Terms of Use from time to time. We will ensure that you are informed of these changes either by a notice in the Application, for example, or, if applicable, by a personalized warning sent by email or through a Push notification. The Terms of Use will be resubmitted to your acceptance if and when updated.
13 - Update of the Application
We may update the Application regularly and change its content at any time. Updates may notably include upgrades, modifications, bug fixes, patches and other error corrections and/or new features. The Application may not properly operate if you do not install all updates. We advise you to consent to automatic updates to increase chances to have the latest version of Application. The Terms of Use (and any additional modifications of the same) will apply to the updates installed on the Application.
Please note, however, that we have no obligation to update the Application.
14 - Contact
For any questions regarding these Terms of Use or if you wish to delete your account, please contact us via the "Support" page in the settings of the Application.
15 – Trademark notices
TAG HEUER and TAG HEUER CONNECTED are trademarks of LVMH Swiss Manufactures SA. These trademarks may not be used without our express permission.
APPLE, APP STORE and ITUNES are trademarks of Apple Inc., registered in the U.S. and other countries.