These Terms set out your rights and obligations, and those of Golf Apps Limited (“we” or “us”), in relation to SpeedStix.com, including any subdomains (the “Site”), “SpeedStix” that you access (the “App(s)”) and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). When we refer to “SpeedStix” in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
You must take the time to read and understand these Terms before using SpeedStix. By registering with SpeedStix, you accept that you are entering into a contract with us under these Terms. People who register for SpeedStix establish an “Account”, and become “Users”. Visitors to SpeedStix who do not become Users, but who nevertheless use the Site and/or download the App, affirm that they are bound by these Terms each time they access SpeedStix. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
2. Obtaining an Account
If we ask you to provide some information about yourself when you register for SpeedStix, you must ensure that this information is accurate and current. You may keep this information updated through your Account.
Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, which we accept at the time of your order (your “Payment Method”) and other personal details so that we may process the order for you. In the event that you supply or attempt to use an invalid Payment Method an order made using that Payment Method will fail. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time.
The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, SpeedStix may terminate your Account at any time without notice.
You should not register as a User if you are under 13 years of age.
3. The Essentials of SpeedStix
SpeedStix provides Users with the facility to access physical training videos, plans, evaluations and corrective exercises. SpeedStix may also offer Users the ability to order:
Personalised training or golf lessons and services which bear Users’ information on or within them; other, non-personalised, products and services, and we refer to those lessons, products and services as our “Products”.
As SpeedStix evolves and changes over time, we may add Products or remove Products from our Services. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services. Although we incur cost in providing you with the facility to store and access your training history and other User Content with SpeedStix (your “Storage”), we don’t charge you for this Storage. However, we reserve the right to introduce a policy under which we may withdraw your Storage if (a) you have not purchased a physical or personalised Product from us through your Account at least once in any given twelve month period,(b) we have notified you by email of the fact, and of our intention to withdraw your Storage unless you purchase a physical or personalised Product, and (c) you have not purchased a physical or personalised Product from us within 30 days of that emailed notification. We will notify Users by email if and when we are to commence enforcing this policy.
It is expected that users are familiar with the backup and restore processes of the devices SpeedStix is installed on, and backups are taken at regular intervals and before any app updates, operating system updates or device upgrades or any other event that may cause the loss of content of the app.
5. User Content and Content Rules
videos and other material (including textual annotations to and comments on videos) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with SpeedStix are treated as “User Content” for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through SpeedStix, if you do not have the right to do so. Each User
shall ensure that his/her User Content does not:
- infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an video that you upload to SpeedStix or that you are fully licensed by the copyright owner to upload the video and to make any subsequent use of it (such as by including the video in a personalised Product);
- infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- contravene any applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent the User’s identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of SpeedStix.
The above are our Content Rules.
Although we prohibit the uploading of videos and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that videos or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such videos or User Content, but if you become aware of any such videos or User Content on our Site or App please contact us here.
We may without notice delete any video or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such video or User Content.
6. Terms of purchase for Products
A contract between a User and SpeedStix for the purchase of a Product is created as follows:
The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process:
- if the Product in question includes an video or other User Content selected by the User it is a “personalised Product”;
- if it is a standard Product or physical device which does not include any video or User Content it is a “nonpersonalised Product”.
By confirming your order, you are agreeing to purchase the Product you have selected.
Note that SpeedStix may reject an order in certain circumstances, namely:
- Your order breaching the requirements of these Terms;
- The use of videos which infringe the Content Rules;
- The use of videos which are corrupted, unsupported technically or inadequately pixelated;
- The Product you order being unavailable;
- Our inability to obtain authorisation for your payment;
- A relevant pricing or Product description error being identified.
Where a physical product is re-sold by the original purchaser, any digital assets included with the physical product are not included in the re-sale. This includes (but is not limited to) access to the training programs on the website or app(s).
7. International use of SpeedStix
You must ensure that you comply with the laws that apply to you and your use of SpeedStix, including as to User Content, the videos that may be viewed and the Products that may be bought through SpeedStix. That use may be prohibited or restricted in various jurisdictions.
8. Closure of Accounts
You may choose to cancel your Account at any time here You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all videos and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 9) shall not be terminated as a result.
9. Intellectual Property
You may use and access SpeedStix and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from SpeedStix, or any of the material which is found on SpeedStix unless properly licensed to do so by us. You are not allowed to use SpeedStix (or to copy or use any material found on SpeedStix) for any commercial purpose other than to conduct the purchase of a Product from SpeedStix. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from SpeedStix. No-one may use any robot, spider, scraper or other automated means to access SpeedStix for any purpose without our prior express written permission.
By uploading, posting, contributing, distributing, communicating or transmitting User Content (including videos), a User expressly grants to us a non-exclusive, royalty-free, irrevocable license (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content (a) worldwide through SpeedStix and any other interactive services through which SpeedStix (or a service based on SpeedStix) is accessible, and (b) too perform obligations and exercise rights under these Terms. For the avoidance of oubt, the licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. Note that we may modify User Content in order to conform it to SpeedStix or the requirements of a Product (such as by cropping videos). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to SpeedStix (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us.
11. Our Role
To the extent that the law permits, you release SpeedStix, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with the use of any SpeedStix device, any videos or other content of the app or website, or the use of the User content. By accessing the services and using the device you confirm you have read the instructions of use, and the warnings provided on the site and/or on the packaging of the product.
You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any video, User Content or Product complies with applicable law or regulation by reason of it appearing on SpeedStix. We do not have any responsibility or liability for the deletion of, or any failure to store or deliver, videos or User Content.
The responsibility for backing up of user created data in the app rests exclusively with the user. This includes, but is not limited to backing this data up before app upgrades, operating system upgrades, device upgrades or any other action where the loss of data is a possibility. The user expressly indemnifies Golf Apps LTD from any liability arising from the loss of data.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access SpeedStix, (b) your use of all of part of the Services, (c) to remove from access via SpeedStix any User Content associated with a User or his/her Account, (d) to warn Users and other users of SpeedStix against interacting with a particular User, and/ or (e) to take technical and legal steps to stop any Users from using SpeedStix if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
13. Contact from third parties.
If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:
- to provide all reasonable information and assistance we may require in connection with responding to that contact;
- to respond promptly and accurately to it, should we pass the message to you for a response.
14. Additional services.
15. Operation of SpeedStix
We reserve the right to withdraw or modify all or part of the Services or SpeedStix where we have legal or commercial reasons to do so. There may be times when the operation of SpeedStix is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by SpeedStix, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to SpeedStix or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of our website. For security or other reasons, we may require you to change your password or other information which facilitates access to SpeedStix; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your
password and any additional identifying information.
We use reasonable care and skill to provide SpeedStix in accordance with our specifications for SpeedStix but:
- the Services are provided “as is”;
- the maintenance and care of the product, and any user owned property (including, but not limited to the “shaft” the device is attached to), is the duty of the user.
- in addition to the above it is the responsibility of the user to check the device (including, but not limited to the “shaft” the device is attached to, and the”grip”) for any defects or signs of wear, and to discontinue use if any signs of these are present.
- in using the device, the user confirms that they have checked that the surrounding areas are clear of any other persons, property or other flora or fauna which may become inurned, or damaged if they/it came into contact with the device.
- in addition to the above it is the responsibility of the user to check with their relevant heath professional before undertaking any training or use of the device.
- we cannot and do not guarantee that SpeedStix or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any product or User Content placed on or made through SpeedStix.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability forfraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
- for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption;
- or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising.
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, SpeedStix will not have liability to you or any other person in respect of User Content.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
The provisions of this Clause 16 shall survive the termination or expiry of these Terms.
You agree to indemnify SpeedStix, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:
- breach of these Terms by you or through your Account;
- or User Content associated with you or your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of SpeedStix assign or dispose of these Terms or any of your rights and obligations under it.
19. Entire Agreement
These Terms are intended to contain your entire agreement with us relating to your use of and access to SpeedStix; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to SpeedStix.
20. Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on SpeedStix. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you;
- or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the webaddress (www.SpeedStix.com) that you use to access, SpeedStix, and (ii) the refinement of provisions that are already included or referred to in these Terms.
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and SpeedStix. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
These Terms, the Services and each order and purchase of a Product shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.
23. Keeping these Terms
We don’t separately file the Terms entered into by Users when they register for SpeedStix. You can access them at here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
We are a company registered in England and Wales under registration number 03906401 under the name Golf Apps Limited, and additionally by our sister company Golf Apps Limited in New Zealand. You can contact us through our website (www.SpeedStix.com). We will send our notices to you by email to the email address specified in your Account.
By using our services, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our services. Your continued use of any of the services following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on December 14, 2020