MiScore App Terms and Conditions

Posted: 14th September 2023 in MiScore App

MiScore Mobile Application

Licence Agreement

About the App

Welcome to the MiScore Mobile Application (the App) offered by MiClub.  The App allows you to digitally record your golf score for competition or social play at golf courses supported by MiClub.  You can also use the App to manage Private Competitions. The Private Competition function does not include Handicap integration or management. The App also helps a golf club manage its golf course and club by timing rounds and publishing results and leaderboards.

You accept this Agreement by downloading the App or by clicking agree to this Agreement where this option is made available in the user interface, so please read this Agreement carefully. If you do not agree with the terms of this Agreement you must delete the App. Capitalised words in this Agreement have a special meaning which is found in the Definitions.

Club Users

Your Golf Club may offer the App to its Members as one of the benefits of membership under a Club Agreement. If this applies to you, you are a Club User.

If you are a Club User you:

  • can only use the App at your Golf Club and while you remain a Member;
  • do not need to pay a Subscription Fee while you are using it at your Golf Club; and
  • acknowledge that if you want to use the App at any Golf Club other than your own, you will need to become a Subscribed User and all of the terms that apply to Subscribed Users will apply to you when you use the App this way.

Subscribed Users

If you are not a Club User, you can choose to subscribe for the App in your own right. You can use it when you play golf at a Golf Club that is supported by MiClub. If this applies to you, you are a Subscribed User.

If you are a Subscribed User you:

  • need to pay an upfront and an annual Subscription Fee to the App Store; and
  • can use the App at any Golf Club that is supported by MiClub.

Subscribe to use the App

You must purchase the App from the App Store in order to use it.  Your device must be a Compatible Device to download and use the App.

If you are a Subscribed User you need to pay the Subscription Fee when you first download the App and each year on the anniversary of that date.  The annual Subscription Fee will be debited automatically by the App Store annually unless you cancel your Subscription before that date.

Cancel your Subscription

You need to cancel your Subscription with the App Store to end the Subscription.  If you do not cancel the Subscription, the Subscription Fee will be debited automatically by the App Store annually.

If you do not pay the Subscription Fee on time your access to the App will end.

If you delete the App, this does not cancel your Subscription, you need to cancel your Subscription with the App Store to end the Subscription. MiClub is not responsible for refund you any Subscription Fees if you fail to cancel your Subscription properly.

If you are a Club User you will need to login to your Account with the membership number and password allocated by your Golf Club.  You will not need to pay a Subscription Fee to access the App.

If you are a Club User and the Club Agreement is terminated, this Agreement with you will end unless you decide to become a Subscribed User, in which case all of the terms that apply to Subscribed Users will apply to you once you download the App and pay the Subscription Fee.

If you are a Minor

If you are a Minor your parents or legal guardian must consent to you using the App and any of its features such as the Chat Room and accept the terms of this Agreement on your behalf. By continuing to use this App you warrant and represent that such consent has been provided.

Licence

When you download the App, we grant you a Licence to install and use the App on your device on the terms of this Agreement. All other rights are expressly reserved to us.

Intellectual property

We own and control all Intellectual Property in the App and our Material. You agree not to infringe our Intellectual Property.

Your Account

Once you download the App, you will need to register an Account and link it to your Golf Club or the Golf Club that you are playing at that day. You must keep your Account details confidential.  You need to tell us immediately about any unauthorised use of your Account or any security breach of which you become aware.

Your privacy

When you use the App, we collect personal information about you including your name, contact details.  We use your personal information to provide you with the features of the App, updates to the App and to provide Support Services to you.  We also collect location data and details about your game when you play and are actively using the scoring feature of the App.

We may send you push notifications or other communications based on your playing results or location for example, information about weather events at the Golf Club at which you are playing and to provide you with information about Support Services or updates to the App. You can adjust the settings of your device to turn off transmission of location data or to stop push notifications at any time. If you do this you may not receive the full benefit of all of the features of the App.

We share information about your game with your Golf Club who may share results with a Golf Union or other third parties. You acknowledge that your Golf Club may use data from the App to publish results and leaderboards.

When you participate in a Private Competition we will share your name and score with the Organiser and other players who are participating in the Private Competition.

We only disclose aggregated location data to your Golf Club to assist with analysing pace of play, trends and statistics and managing the golf course and investigating disputes in play. You agree that we can use your information in this way. You can find out more about our approach to privacy and how you can access your information at www.miclub.com.au/cms/privacy-policy/.

Private Competitions

You can use the App to setup and manage (Organise) Private Competitions when you play a game of golf.  

You can ask other players who are also playing at your Golf Course by inviting them via the Private Competition feature on the App.

Each player will need to accept the invitation to enter a Private Competition. If a player does not accept the invitation using the App they cannot participate in the Private Competition, record their score or enter the chat.

You acknowledge and agree that all of the terms of this Agreement, including those under the clause entitled Your obligations when using the App, apply to each Private Competition in addition to those set out in this clause below:

  • Other players who are invited to a competition must also have the App to participate in a Private Competition.
  • Players who participate in a Private Competition have to enter their scores in the App for the results to show in the leaderboard for a Private Competition.
  • Players who are also participating in a Golf Club competition at the same time as a Private Competition will need to ensure they nominate how they will participate in the Golf Club competition, either:
    • as a visitor via the Club’s ‘Comp Guest’ button or
    • as a Member via the ‘Score competition’ button.
  • The leaderboard for a Private Competition may be inaccurate if players do not add their scores properly.
  • Results in a Private Competition may differ to a Golf Club’s recorded results for play on the same day depending on how the Private Competition is Organised.
  • Your Golf Club has no visibility or control over any Private Competitions or how they are recorded or Organised.
  • The Private Competition function does not include any Handicap integration or management.
  • If you Organise a Private Competition:
    • only you as Organiser can download the results of the competition after the Private Competition ends. You agree to only use this information for the purposes of Organising the Private Competition and not for any other purpose; and
    • you are responsible for moderating the chat, this means ensuring that the Chat Room Rules are observed by all who are participating and taking appropriate action to remove a player from the chat, if they are not.
  • You may use the Chat Room feature to talk to other players on the day of the Private Competition only.
  • You agree to use the Chat Room feature in accordance with the Chat Room Rules.

Your obligations when using the App

You must use the App and any of its functions:

  • in connection with playing golf only to record your golfing activities against your profile or those of your Playing Partner and not for any other purpose;
  • in accordance with the Rules of Golf;
  • in accordance with this agreement and any rules included in the App or notified to you from time to time; and
  • in accordance with any relevant terms that apply from the App Store from which you downloaded the App.

You must not:

  • use the App for any commercial purposes except those to which we Consent;
  • use the App for any illegal or unauthorised purposes;
  • submit fraudulent, dishonest, or incorrect or inaccurate data using the App;
  • hack, decompile, disassemble, modify, translate, adapt, reverse engineer, or create derivative works or updates from the App or attempt to derive the source code of the App;
  • transmit or introduce any virus or corrupt files so as to damage or disrupt the App;
  • copy or alter the App or any part of it or remove any intellectual property notices; or
  • share or make the App available to third parties, sell, rent, lend, lease, or otherwise redistribute the App; or
  • Use anyone else’s Account details to login.

You acknowledge that:

  • Disciplinary action may be taken against you by your Golf Club if you fail to comply with the Rules of Golf in using the App.
  • You cannot use the Private Competition feature of the App to manage your Handicap,
  • You may be liable to us for damages if you breach this Agreement.

Technical requirements of the App

Your device and the App must be online when you are using the scoring feature of the App. You must have adequate data and the current operating system installed on your device to use and access all of the App features and functions and optimise its performance.

You acknowledge that:

  • we may upgrade the App from time to time;
  • Compatible Devices may change as upgrades happen;
  • we may not be able to provide the App to you if your device is no longer a Compatible Device; and
  • we are not responsible to you if your device is no longer a Compatible Device.

You acknowledge that:

  • certain features of the App such as distance to greens and pins and course maps will not work if location services on your device are turned off; and
  • we may delete the history and any data relating to Private Competitions (such as leaderboards, competitions, scores, chats) from time to time;
  • we are not responsible for:
    1. any excess data usage resulting from use of the App; and
    2. any damage to your device as a result of using the App.
    3. any connectivity or other issues you experience which prevent you accessing the App;
    4. the quality of any information transmitted by you to the App.
    5. any penalties applied by a Golf Club for incorrect use of the App or based on any data we provide from the App;
    6. for public display of your information via leaderboards, prize results or competition information.
  • This Agreement is with us, not the App Store and to the extent relevant, the App Store is an intended third party beneficiary of this Agreement.

Support Services

We provide Support Services for the App.  Please contact us by clicking the relevant link in the App or reviewing the FAQs if you need support. You acknowledge that not all issues you may experience with the App will be able to be resolved with our Support Services, as some issues relate to your device or your data service. You will need to contact the App Store, your device manufacturer or telecommunications service provider for any issue with your device or data service.

Competitors

If you are our Competitor, you are responsible for any loss that we may suffer as a result of your breach of this Agreement and accountable to us for all profits that you might make from any such breach.

Termination

This Agreement is valid until terminated by either of us. We will tell you at least 30 days before we do so if we plan to terminate your access to the App. You can terminate this Agreement by notifying the App Store that you want to cancel your Subscription or cancelling payment of the Subscription Fee before it is due via the App Store.

If you terminate this Agreement, you must cancel your Subscription in the App Store or you will continue to be charged a Subscription Fee automatically on an annual basis. It is not enough to just delete the App from your device.

We may terminate this Agreement and access to the App:

  • if you do not pay the Subscription Fee when it is due;
  • if you are a Club User and the Club Agreement is terminated and you do not choose to become a Subscribed User; or
  • if you do not comply with this Agreement.

We may discontinue, suspend, limit, or cancel your Account or access to the App at any time with notice if:

  • you breach this Agreement;
  • your Account is inactive for an extended period;
  • you bring our name or reputation into disrepute; or
  • you violate the rights of another party.

Consequences of termination

We will remove your access to the App and delete any data in the App when this Agreement ends.  MiClub may keep a record of your transactions from the App.  MiClub is not responsible for refunding any Subscription Fees.

Data Deletion

If you wish to delete your MiScore app user account and the personal information collected by the app, follow these instructions:

If you no longer want to use MiScore app and wish to have your user account details removed from MiClub database along with any score history, then follow these steps:

  1. Login to MiScore App
  2. Access menu tab and scroll down to the bottom ‘User’ section and select ‘Delete User’
  3. If you purchased or accepted the trial service then you need to ensure you cancel the subscription – click the link to Appstore subscription service as shown below. Find the MiScore app listing and proceed to cancel the yearly subscription.
  4. Return back to the MiScore app menu and the ‘Delete User’ function.
  5. Press the Red Delete button
  6. To confirm deletion; type in the word ‘yes’ in the field box then press OK. (for Android users please type in YES in capital letters in the input box then press the Red delete button)
  7. You will be signed out of the app and the removal has been completed.

https://miscorehelp.miclub.com.au/support/solutions/articles/14000137323-delete-app-user-request

Please contact us at support@miclub.com.au for any other requests for deletion of personal information.

General Disclaimer

Nothing in this Agreement limits or excludes anything which may not be limited or excluded by the Australian Consumer Law.

To the extent permitted by law, we exclude all terms, guarantees, warranties, representations, or conditions which are not expressly stated in this Agreement.

You acknowledge that:

  • use of the App is at your own risk;
  • the App is provided to you on “as is” and “as available” basis;
  • we do not make any express or implied representation or warranty about the App or its performance including any loss or damage you might suffer as a result of:
    • any failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability, or currency of any information on the App (including third party material and advertisements on the App);
    • costs incurred as a result of you using the App;
    • if your device is no longer a Compatible Device; and
    • the operation of any links which are provided for your convenience.

We are not responsible to you for any penalties applied by the club or course for incorrect usage of the app during competition or tournament play.

Limit on Liability

Subject to the Australian Consumer Law, our maximum liability to you in relation to the App is limited to the resupply of the App. We are not liable for any Special Loss.

General

Severable If any of part of this Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of this Agreement will continue to apply.

No Waiver A waiver of this Agreement is not valid or binding unless made in writing.

Entire agreement This Agreement contains the entire agreement between us about the App and supersedes all prior agreements and understandings between us. 

Variation We may vary this Agreement and review the Subscription Fee from time to time. If we do change this Agreement or the Fee, we will give you at least 30 days’ notice of the change and the new Agreement and Subscription Fee will be effective after that notice period ends. The current version of the Agreement is available at https://www.miclub.com.au/cms/miscore-app-terms-and-conditions/app/ or by clicking the link in the App. We will treat you as having accepted the updated Agreement if you continue to use the App after any such notice period ends.

Rights that survive termination  The rights and obligations in this Agreement relating to Intellectual Property, Competitors and Limit on Liability survive the termination of this Agreement between us.  

Governing Law This Agreement is governed by the laws of Western Australia and both of us submit to the exclusive jurisdiction of the courts in that State.

Reading this Agreement

In this Agreement:

  • The singular includes the plural and conversely.
  • If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
  • A reference to this Agreement is to this Agreement as amended, varied, or replaced from time to time. The current version of the Agreement is available at https://www.miclub.com.au/cms/miscore-app-terms-and-conditions/app/ or by clicking the link in the App.
  • Mentioning anything after includes, including, or similar expressions, does not limit what else might be included.

Definitions

Account means a user account created through the App and linked to a Golf Club.

App means the MiScore Mobile Application offered by us from time to time and any updates to the App.

App Store means the application store from which you downloaded the App and includes the Apple App Store and Google Play Apps.

Chat Room means the chat room feature in the App which can be used in connection with Private Competitions.

Chat Room Rules means the rules set out in the Schedule to this Agreement.

Claim means any actions, suits, claims, demands, liabilities, costs, expenses, direct or indirect loss or damage (including legal fees on a full indemnity basis) suffered or likely to be suffered by us.

Club Agreement means an agreement with your Golf Club under which they are authorised to offer this App to Members.

Club User has the meaning given to it in this Agreement.

Compatible Device means a device that has adequate data and internet access to Compatible Device means a device that has adequate data and internet access to download and use the App being one of the devices identified below:

Competitor means an entity or individual who is in the business of providing a similar App or similar services as us for commercial gain and includes employees or contractors of a Competitor.

Consent means prior written approval.

FAQs means the frequently asked questions available at https://miscorehelp.miclub.com.au/support/home from time to time.

Golf Club means a golf club or golf course, whether a private or public facility, which is supported by us, at which you are a Member, a social player, or a visitor.

Golf Union means the body responsible for managing golf in your Country and includes Golf Australia, Singapore Golf Union, and New Zealand Golf.

Handicap means the handicap value for a player which is recorded with any National Golf Governance Body.

Intellectual Property means all industrial and intellectual property rights in the App and our Material throughout the world and includes rights in respect of copyright, patents, trademarks, designs, trade secrets, know-how and our confidential information.

Licence means a revocable, non-exclusive, non-transferable licence to install and use the App on your device granted on the terms of this Agreement.

Material means our name, logo, trademark, domain name, App and website including images, designs, literary and artistic works, screen formats, source codes, object codes, layouts and file structures embedded within them.

Member means a paid up member of a Golf Club.

Minor means a person under the age of 15 years.

Playing Partner means someone who is playing golf with you.

Private Competitions mean competitions set up by an App user for a group of players run independently of club competitions.

Rules of Golf mean the Rules of golf which are available from time to time at https://www.randa.org/en/rog/2019/pages/the-rules-of-golf.

Special loss means any special, indirect, or consequential loss or damage. loss of profit or opportunity, or damage to goodwill arising out of or in connection with the App whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Subscribed User has the meaning given to it in this Agreement.

Subscription means the right to use the App on payment of the Subscription Fee.

Subscription Fee means the annual fee to purchase the App paid to the App Store, as amended from time to time.

Support Services means the support provided by MiClub which is available at by contacting us or accessing the MiScore forum at https://miscorehelp.miclub.com.au/support/discussions

You, you, or your means the App user who has downloaded the App and registered an Account.

Us, we, or our means MiEnterprise Pty Ltd ABN 40 096 746 815 (trading as MiClub) and where applicable includes its affiliates, employees, agents, contributors, third party content providers and licensors.

 

Schedule – Chat Room Rules

You agree to comply with the Chat Room Rules when you use the Chat Room.  If you break the Chat Room Rules you may be excluded from a chat or you may lose access to the App.

    1. Be courteous and respectful and ensure your contributions are civil and tasteful.
    2. All of the usual laws in Australia apply even when you are in a Chat Room or chatting online. These laws include anti-discrimination and defamation laws, so keep your chat on topic and your comments appropriate.
    3. Do not use the chat room to:
      • Spam or troll others or post links to websites or materials
      • solicit business by sending information about your or your own products or services to the chat
      • make personal attacks on, or to harass, offend or abuse others
      • submit any defamatory, unlawful, abusive, obscene or offensive material of any kind including text, graphics, video, programs or audio.
    4. We keep records of exchanges made in the Chat Room, even if the Chat Room is no longer available to you.

The Organiser is responsible for moderating the chat, this means the Organiser will ensure the Chat Room Rules are observed and act to remove them or seek assistance from support@miclub.com.au if needed. You can bring something to their attention if you are concerned about how a chat is progressing.