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Terms of Service
Welcome to OneOn Golf

By accessing or using OneOn Golf (“App” or “Services”), you agree to be bound by these Terms of Service (“Terms”). These terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, you may not access or use the Services.

Your Service Provider
The entity providing this service is WDA TECHNOLOGY SDN. BHD. (1161791-U), a company incorporated in Malaysia under the Malaysia’s Companies Act 2016 with its principal place of business at 5-M2-4, PANTAI PANORAMA COMMERCIAL LOT, BANGSAR SOUTH, 59200 KUALA LUMPUR.

OneOn Golf is an App which provides a platform for consumers to obtain or procure goods and services provided by Partner or us. Where goods and services are provided by Partner, OneOn Golf’s role is merely to link the user with such Partners. OneOn Golf shall not be responsible for the acts and/or omissions of any Partners. Partners shall bear all liability in relation to such goods and services. Partners are not, and shall not hold themselves to be an agent, employee or staff of OneOn Golf and the solutions provided by Partners shall not be deemed to be provided by OneOn Golf.

A. Definitions

1. “App” means the relevant mobile application(s) made available for download by OneOn Golf (or its licensors) to Consumers and Partners respectively.

2. “Consumer” means any end-user who accesses or uses the App to search for and obtain the Solutions

3. “User” means any end-user who accesses or uses the App to provide solutions or to search for and obtain the Solutions.

4. “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

5. “Partner” means the independent third parties (who are not OneOn Golf) who provide the relevant Solutions to Consumers through the Service, including (a) GolfPro (b) GolfMate and (c) any other relevant goods and services providers.

6. “Service” means the linking of Consumers to Partners or other Consumers through the Application.

7. “Solutions” means the golf coaching, golf touring, golf flight accompaniments or any other relevant goods and services which are made available to Consumers via Partners through the App.

B. Basic Terms

1. Your must be at least 18 years old to use the Service. If you are the parent or legal guardian of a minor who is creating an account, you are deemed to have accepted these Terms on the minor’s behalf and are shall be responsible to ensure strict compliance of these Terms. You will be responsible for the minor’s actions and for any charges associated with minor’s use of the Services made on the App. If you do not have consent from your parent or legal guardian, you must stop using/accessing this App and/or Service.

2. If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity and that such entity accepts this Terms

3. You shall be required to create an account to access certain features of the Service (“App Account”). You can do this by providing access credentials in the form of an email address and password. You shall also be required to provide certain personal information such as your name, gender and age. It is a condition of your use of the Services that all information you provide is correct, current and complete.

4. By accessing or using OneOn Golf (“App” or “Services”), you agree to be bound by to the processing of your personal data as described in the Privacy Policy set out herein below.

5. For the purpose of these Terms: (i) “Content” means text, graphics, images, photographs, GIF’s, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that App Account holders (User and/or Partner) provide to be made available through the Services, including, without limitation, profile, username, graphics, audio, video, images, photographs, comments and posts. Content includes, without limitation, User Content.

6. You agree not to post upload, publish, submit or transmit any User Content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) is sexually explicit or sexually suggestive.

7. Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other users may be able to request email notifications of your new User Content or publish their own comments to your comments. We may use User Content to develop aggregate ratings, personalize site views, market products or identify or feature popular users.

8. If you post or upload any User Content to the Services, you hereby acknowledge and agree that you are granting OneOn Golf (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to OneOn Golf the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that OneOn Golf, its licensees, affiliates, successors and assigns, shal have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to OneOn Golf under these Terms and to display any advertising, publicity, promotional, materials and distribution rights in connection with your User Content. You acknowledge and agree that OneOn Golf, its licenses, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms obligates of may be deemed to obligate OneOn Golf or any person or entity to exercise any of the rights granted by you under these Terms. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms. You agree that OneOn Golf, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.

9. No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between OneOn Golf, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that OneOn Golf does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.

10. Use of Name and Likeness: By posting User Content on the online services, you consent to the recording, use and reuse by OneOn Golf, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as used, edited, altered, fictionalized or modified by OneOn Golf, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with OneOn Golf, or related Sites or online services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.

11. Ownership: Except as expressly set forth in these Terms, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by OneOn Golf or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and OneOn Golf.

12. Liability for User Content: User Content does not reflect the views of OneOn Golf. Notwithstanding anything else in these Terms, OneOn Golf should not be seen as endorsing any User Content in any way. User Content posted through the online services are provided by users like you who are unaffiliated with OneOn Golf, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not OneOn Golf, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the online services. None of OneOn Golf or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the online services, nor shall they have any liability for any such User Content. OneOn Golf does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or online services, you may be exposed to User Content that is offensive, indecent, or objectionable.

13. You are responsible for any activity that occurs through your App Account and you agree you will not sell, transfer, license or assign your App Account, followers, username, or any App Account rights. With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, OneOn Golf prohibits the creation of and you agree that you will not create an App Account for anyone other than yourself. You also represent that all information you provide or provided to OneOn Golf upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

14. You agree that you will not solicit, collect or use the login credentials of other users on the App.

15. You are responsible for keeping your password secret and secure, and you’ll notify us immediately of any unauthorized use of your App Account.

16. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

17. You may not use the Services for any betting, gambling, illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.

18. You are solely responsible for your conduct and any User Content that you submit, post or display on or via the Services.

19. You will not use the App to cause nuisance, annoyance, inconvenience or make fake bookings;

20. You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.

21. You must not change, modify, adapt or alter the Services.

22. You must not access our private API by means other than those permitted by us.

23. You must not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.

24. You must not use, display, mirror or frame the Services or any individual element within the Service, our(or any of its affiliated brands) trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.

25. You must not access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.

26. You must not attempt to probe, scan or test the vulnerability of any our system or network or breach any security or authentication measures.

27. You must not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content.

28. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (aka “spam”) to any App users.

29. You must not use domain names or web URLs in your username.

30. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any App page is rendered or displayed in a user’s browser or device.

31. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

32. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms.

33. Violation of these Terms may, in our sole discretion, result in termination of your App Account. You understand and agree that we cannot and will not be responsible for the User Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services to you.

34. We reserve the right to modify, discontinue, or terminate the Services or your access to the Services for any reason, without notice, at any time, and without any liability or obligation to you.

35. By registering for the App Account, you agree to be subscribed to transactional emails related to your account, our newsletter, and dedicated emails containing promotions and deals from our partners. You can unsubscribe anytime, for any reason.

36. You can deactivate your App Account by contacting us at our business address. If we terminate your access to the Services or you contact us to deactivate your account, your User Content will no longer be accessible through your App Account, and your Content will no longer persist and appear within the Services.

37. We reserve the right, in our sole discretion, to change these Terms from time to time. All changes are effective immediately after we post them on the Services, and your use of the Service after the effective date of the changes constitutes your agreement to the revised Terms. If you do not agree to be bound by these Terms, then you may not use the Services anymore. Notwithstanding the foregoing, any changes to the dispute resolution provisions will not apply to any dispute for which the parties have actual notice before the date the change is posted on the Services. Each time you sign in or otherwise use the online services you are deemed to be entering into a new Agreement with us on the then applicable terms and conditions

38. We reserve the right to force forfeiture of any username for any reason.

39. We may, but have no obligation to, remove, edit, block, and/or monitor Content or Accounts containing Content that we determine in our sole discretion violates these Terms or applicable law or other legal requirements, without any prior notice to you. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Content removed from the App may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your User Content. In other words, we are not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage.

40. Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You hereby assume all such risks by using the Services.

41. You agree that we are not responsible for, and do not endorse, User Content posted within the Services. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your User Content violates these Terms, you may bear legal responsibility for that User Content.

42. Except as otherwise described in our Privacy Policy, as between you and us, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any User Content you provide.

43. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information. You understand that OneOn Golf does not conduct criminal background checks on its users or otherwise inquire into the background of its users. OneOn Golf makes no representations or warranties as to the conduct or compatibility of its users.

44. There may be links from the App, or from communications you receive from the Services, to third-party web and/or mobile apps. There may also be links to third-party web and/or mobile sites within the App. The Services also includes third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party web and/or mobile app, including applications that connect the Services or your profile on the Services with a third-party web and/or mobile app. For example, the Services may include a feature that enables you to share User Content from the App with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that We are in no way responsible or liable for any such third-party services or features, content, products or services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third-party service (each, a “Third Party Application”) and such Third Party Application may interact with, connect to or gather and/or pull information from and to your Services profile. By using such Third Party Application, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information, you are consenting to information about your profile on the Services being shared; (ii) your use of a Third Party Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if OneOn Golf has not itself provided such information; and (iii) your use of a Third Party Application is at your own option and risk, and you will hold the Indemnified Parties (defined below) harmless for activity related to the Third Party Application.

45. You agree that you are responsible for all data charges you incur through use of the Services.

46. You are prohibited from crawling, scraping, caching or otherwise accessing any Content on the Services via automated means, including but not limited to, user profiles and photos.

47. Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We will not be liable to you for any modification, suspension, or discontinuation of the App and/or the Services, or the loss of any Content.

48. Subject to your compliance with these Terms, we grant you a limited, personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable and non-exclusive license to download and install a copy of the App on a mobile device, computer, smart television or other device that you own or control and to run such copy of the App solely in connection with the Services in compliance with these Terms and in the manner permitted by the Services and solely for your own personal non-commercial purposes.

49. THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ONEON GOLF NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE SAID “INDEMNIFIED PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR VIA THE SERVICES. IN ADDITION, THE INDEMNIFIED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. INDEMNIFIED PARTIES MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, SECURITY, AVAILABILITY, OR RELIABILITY OF ANY CONTENT.

50. THE INDEMNIFIED PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE INDEMNIFIED PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE INDEMNIFIED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

51. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

52. THE INDEMNIFIED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

53. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

54. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

55. THE INDEMNIFIED PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE INDEMNIFIED PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

56. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

57. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

58. You will defend (at our request), indemnify and hold the Indemnified Parties harmless from and against any claims, disputes, demands, liabilities, damages, costs, fees, awards, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your User Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of OneOn Golf.

59. These Terms are governed by and construed in accordance with the laws of Malaysia.

60. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

61. These Terms constitute the entire agreement between you and us regarding the Services and Content, superseding any prior agreements between you and us regarding the Services and Content. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. The failure of OneOn Golf to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
62. We are committed to complying with the Personal Data Protection Act 2010 and in the course of providing you with the Services or access to the App, we will be collecting, using, disclosing and/or processing data, including your personal data.

63. By clicking or checking “sign up”, “I agree to OneOn Golf privacy policy and you acknowledge that you have been notified of and understood the terms of OneOn Golf’s privacy policy and that you have agreed and consented to the collection, use, disclosure and/or processing of your personal data as described herein.

64. We may update this Privacy Policy from time to time. Any changes We make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you, whereupon your continued use of the Services, access to the App, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy, as notified to you. Please check back frequently to see any updates or changes to this Privacy Policy.

65. Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

66. During the course of your use of the Platform and the provision of the Services, we may collect personal data from you, which includes but is not limited to:
a) Identity data, such as your name, gender, profile picture, and date of birth;
b) Contact data, such as billing address, email address and phone numbers;
c) Transaction data, such as details about payments to and from you, and other details of products and Services you have purchased from us;
d) Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the App or Services;
e) Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
f) Usage data, such as information on how you use the App, products and Services or view any content on the App;
g) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
59. During the course of your use of the App and the provision of the Services, we may receive personal data from you in the following situations:

a) When you create an account with us;
b) When you apply for any of the Services or purchase any products available on the App;
c) When you subscribe to our publications or marketing collaterals;
d) When you enter a competition, promotion or survey;
e) When you participate in any activity or campaign on the App;

60. You must provide true, accurate, not misleading, current and complete information as required for the Service and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, OneOn Golf has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.

61. We will only be able to collect your personal data if you voluntarily submit the personal data to us or as otherwise provided for under this Privacy Policy. Unfortunately, if you choose not to submit your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with the Services or access to the App.

62. If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent from that third party to share and transfer his/her personal data to us, and for us to collect, use and disclose that data in accordance with this Privacy Policy.

63. The personal data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third party service providers and their service providers and related companies, third party sellers, and companies located both inside and outside your home country), for certain purposes, which include but are not limited to the following:

a) To facilitate your use of the Services or access to the App, including responding to your queries, feedback, claims or disputes;
b) Payments that you make through the App for products, whether sold by us or a third party seller, will be processed by our agent;
c) To deliver the products you have purchased through the App, whether sold by us or a third party seller. We may pass your personal information on to a third party in order to make delivery of the product to you (for example to our courier or supplier), whether the product is sold through the App by us or a third party seller;
d) To compare information, and verify with third parties in order to ensure that the information is accurate;
e) To administer your account (if any) with us;
f) To verify and carry out financial transactions in relation to payments you make online;
g) To audit the downloading of data from the App;
h) To improve the layout or content of the pages of the App and customise them for users;
i) To identify visitors on the App;
j) To carry out research on our users’ demographics and behaviour;
k) To provide you with information we think you may find useful or which you have requested from us, including information about our or third party sellers’ products and services, provided you have indicated that you have not objected to being contacted for these purposes;
l) To allow other users to identify you via the "Find my friends" (or similar function) as a user of the Service, to allow you to find other users and to connect with them on the App, and to support the socializing function of the Services;
m) To promote the Services and use information that you give to OneOn Golf, such as user-generated content (including video content) that you can choose to broadcast on our App, as part of our advertising and marketing campaigns to promote the Platform;
n) To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the App;
o) To display on scoreboards on the App in relation to campaigns, mobile games or any other activity;
p) To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
q) OneOn Golf may also use your personal information to send you marketing or promotional materials about our or third-party sellers’ products and services from time to time, unless you choose to opt-out from receiving these materials; and
r) OneOn Golf may also conduct automated-decision making processes in accordance with any of these purposes.

64. For the avoidance of doubt, you acknowledge and consent to OneOn Golf sharing anonymised information such as but not limited to in the following circumstances:

a) Aggregated information. We may conduct joint data analytics projects with selected third-party providers using anonymised information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the App;
b) Behavioural-based advertising. We may collaborate with selected third parties using anonymised information to derive certain models that would facilitate more accurate advertising to selected users.

65. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the App. We may use your contact information to send newsletters from us and from our related companies.

66. In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.

67. We may share and permit the sharing of your personal data with third parties and our affiliates for any of the abovementioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the abovementioned purposes.

68. You may communicate the withdrawal of your consent to the continued use, disclosure and/or processing of your personal data including personal data relating to others who may be identified from that personal data for any of the purposes and in the manner as stated above at any time, by contacting OneOn Golf through the “Contact Us” page.

69. Please note that if you communicate your withdrawal of your consent to our use, disclosure or processing of your personal data for the purposes and in the manner as stated above, OneOn Golf may not be in a position to continue to provide the Services to you, and we will not be liable in the event that we do not continue to provide the Services to you. Our legal rights and remedies are expressly reserved in such an event.

70. It is important that the personal data you provide to us is accurate and complete for you to continue using the App and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.

71. You can update your personal data anytime by accessing your account on the App. If you are unable to update your personal data through your account, you can do so by contacting us through our “Contact Us” page.

72. We will only retain your personal data for as long as required to by law or as is relevant for the purposes for which it was collected.

73. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.

74. You authorised OneOn Golf or its service providers to use cookies, web beacons, and other similar technologies for storing data to help provide you with a better, faster, safer and personalised experience when you use the Services or access the App.

75. YOU ACKNOWLEDGE AND AGREE THAT ONEON GOLF HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF ONEON GOLF HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST ONEON GOLF FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.

76. The App may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We shall not be responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.

77. The App provide opportunities for you to make purchases (“transactions”). Each transaction is governed by these Terms and the specific terms of the particular transaction which will be communicated to you during the check-out process. You Agree that all transactions made by you on the App cannot be exchanged and are non-refundable. All purchases are subject to the applicable service fees and charges, which are also non-refundable.

78. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the online services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. OneOn Golf will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the online services.

79. Consumers are required to make full payment of the Consumers Charges for all services offered in the App by the method selected at the time of booking, by any one of the automated payment methods available on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

80. Automated payment may be made by credit card and or debit card, or alternative e-Wallets where available as are made available in the App.

81. Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

82. Consumers and Partners may be allowed to rate each other in respect of Solutions provided.

83. Every rating will be automatically logged onto Oneon Golf’s system and OneOn Golf may analyse all ratings received. Oneon Golf may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

84. Any complaints between Partners and Consumers must be taken up with each other directly.

85. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Oneon Golf to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

86. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Application. Any such communication or agreement is strictly between you and the applicable third party and Oneon Golf and its licensors shall have no liability or obligation for any such communication or agreement. Neither Oneon Golf nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Application, and in no event shall Oneon Golf, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain Partners of goods and/or services may require your agreement to additional or different Terms of Service prior to your use of or access to such goods or services, and Oneon Golf is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of use may apply to your use of such third party services. Oneon Golf is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

87. Oneon Golf may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. You agree and allow Oneon Golf to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

88. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

89. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Oneon Golf but may be assigned without your consent by Oneon Golf. Any purported assignment by you in violation of this section shall be void.

90. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Oneon Golf.

91. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

92. The failure of Oneon Golf to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

C. Terms of use for Partners.

1. If you have registered an account as a GolfMate or GolfPro the following terms shall be applicable in the addition to the Basic Terms above.

2. If you are a GolfPro user, you must possess a valid PGA/PGAM Pro Card.

3. If you are a GolfMate, you are required to achieve and maintain a body mass index of 18.5-24.9.

4. You shall be responsible for any claims, judgments and liabilities resulting from any accident, loss or damage including but not limited to personal injuries, death, total loss and property damage which is due to or is alleged to be a result of any event arising from any services you provide to users.

5. You shall not contact Users for purposes other than in connection with the service you are providing to Users.

6. You shall not reverse look-up, trace or seek any information on any other user or visitor to the App including without limitation any user account not owned by you, to its source, or exploit the App or any service or information made available to offered by or through the App, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information as provided for by the App.

7. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you.

8. You are strictly forbidden to use the App for other purposes such as but not limited to data mining of OneOn Golf’s information or information related to the App or Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage and OneOn Golf reserves the right to take such action as may be appropriate or permitted under the law against you and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used.

9. Without prejudice to any other provisions, information which you have submitted to us for your registration as GolfMate or GolfPro on the App, which may include your personal data, may be linked to the account on the App or otherwise be temporarily displayed in the course of the Services on the App. You hereby give your consent to such use of information for the purposes of the Service and to facilitate your use of the App. Your use of the App or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the App or otherwise in connection with the Services shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the App for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

10. You shall obey and comply with all rules and codes set out by golf courses whilst at the premises and shall endeavor to advice and ensure users are in compliance.

11. You shall comply to the following code of conduct whilst using the app or delivering solutions to users.

a) No to any physical assault, verbal or sexual harassment, sexual assault, rape, murder, kidnapping, threats and intimidation.
b) Do not ask overly personal questions or comment on anyone’s appearance.
c) Do not consume drugs or become intoxicated by alcohol.
d) Maintain good personal hygiene at all times.

12. OneOn Golf charges a fee for your use of the Service (“Service Fee”). The Service Fee may be up to 30% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the App, our decision to terminate or suspend your access to the App, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

13. YOU ACKNOWLEDGE AND CONFIRM THAT ONEON GOLF MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION AFTER DEDUCTION OF ONEON GOLF’s SERVICE FEES.

14. OneOn Golf retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold OneOn Golf liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

15. OneOn Golf may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumer whereby these promotional offers shall accordingly be honored by you. OneOn Golf may change the Service Fee at any time at its sole discretion.

16. You are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.