Terms and Conditions

TERMS AND CONDITIONS FOR USE OF ACCOUNT

The use of TrackMan’s services is subject to the terms and conditions outlined below. In order to sign-up, you need to accept them. We encourage you to read them carefully.

1. PRIVACY AND DATA POLICY

1.1 Your privacy is very important to us. We follow and comply with Regulation (EU) 2016/679 (the “General Data Protection Regulation”). The General Data Protection Regulation is a regulation on data protection and privacy for individuals.

1.2 Please refer to our Privacy Notice for further information on the personal data we collect, our use hereof and your rights.

2. COOKIES

2.1 We use cookies to improve your user experience. Please refer to our Cookies Policy for further information on the cookies used by TrackMan.

3. SAFETY

3.1 We do our best to keep your TrackMan account safe. However, we need your help to keep your Trackman account safe, which includes the following commitments by you:

  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access a TrackMan account belonging to someone else.
  • You will not use your TrackMan account to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not facilitate or encourage any violations of these terms and conditions.

4. REGISTRATION AND ACCOUNT SECURITY

4.1 Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information, or create a TrackMan account for anyone other than yourself without permission.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone.

5. PROTECTING OTHER PEOPLE’S RIGHTS

5.1 We respect other people's rights, and expect you to do the same.

If you collect data from other players, you will: obtain their consent, make it clear you (and not TrackMan) are the one collecting their information, and provide them with a privacy notice explaining what information you collect and how you will use it. You will not take any action in connection with your use of your TrackMan account that infringes or violates someone else's rights or otherwise violates the law.

Except for the standard materials provided through the TrackMan Media Kit, you will not use TrackMan’s copyrights or trademarks or any confusingly similar marks without our prior written permission. You will not send email invitations to non-users without their consent.

6. SPECIAL PROVISIONS APPLICABLE TO SOFTWARE

6.1 If you download or use our software, such as a standalone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates (including license change) and additional features from us in order to improve, enhance, and further develop the software.

6.2 You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

7. PROMOTIONAL E-MAILS

7.1 If you consent to this specifically, we may send you promotional material via text messages, e-mails as well as messages sent to your personal message board at your TrackMan account with golf related offers and information. The offers may be personalized, aimed at your specific player profile.

7.2 You can always withdraw your consent/give new consent at your profile at MyTrackMan.com

8. USE OF TRACKMAN ACCOUNT

8.1 Each account is for the exclusive use of the named member. You are solely responsible for maintaining the confidentiality of your password, and for restricting access to your account.

8.2 Only registered users have access to TrackMan accounts. Users are not allowed to link to any pages of the website that are protected by password or in any other way to give third parties access to this part of the website or the information on the pages.

8.3 Any unauthorized use or abuse by you may imply that your user profile and access to your TrackMan account may be terminated. TrackMan reserves the right to terminate accounts or remove or edit content, in our sole discretion. If we terminate your account, you will not create another one without our permission.

8.4 Although TrackMan attempts to ensure that all information contained on our website is correct and complete, we accept no liability for errors or omissions, and we reserve the right to change or alter content at any time.

8.5 TrackMan reserves the right to make changes to the website and these terms and conditions at any time without notice. We recommend that you check these terms and conditions regularly. If you choose to continue to use the website, you agree that by doing so you accept the new terms and conditions.

8.6 TrackMan holds full copyright, title and any other right, including design and trademark rights, to TrackMan and the website MyTrackMan.com and other websites owned by TrackMan including any updates and modifications thereto. Use of TrackMan accounts for commercial purposes

8.7 If your TrackMan product is made available to other players or data is collected from other players (e.g. in your capacity as a golf coach, a retailer, an event organizer or similar), it is your responsibility as owner or registered user of the TrackMan product or service2 prior to commencement of any use by the Player of your TrackMan product to inform the player of the content of TrackMan’s Privacy Notice.

8.8 If your TrackMan product is made available to other players, who take the TrackMan Combine test or any other test made available by TrackMan, it is your responsibility as owner of the TrackMan product to notify the player taking the TrackMan Combine test or other tests that the player’s test score and name may potentially be made available on TrackMan’s electronic leader board in connection with competitions.

8.9 If any player wishes to delete its personal data from your TrackMan product and/or TrackMan’s servers, you are required to reasonably assist TrackMan in connection with any such request and promptly delete any such data from your TrackMan product.

9. INDEMNIFICATION

9.1 If anyone brings a claim against us related to your actions, content or information on your TrackMan account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

9.2 Although we provide rules for user conduct in these terms and conditions, we do not control or direct users' actions on their TrackMan account and are not responsible for the content or information users transmit or share via their TrackMan accounts.

10. LIMITATION OF LIABILITY

10.1 We will use reasonable skill and care in providing the TrackMan account to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that your TrackMan account will always function without disruptions, delays or imperfections.

10.2 TrackMan’s liability cannot exceed the amount you have paid us in the last 12 months.

10.3 TrackMan is liable for direct losses only and shall in no event be liable for any consequential loss, loss of profits, loss of data or any other indirect losses.

11. OTHER

11.1 These terms and conditions make up the entire agreement between the parties regarding use of your TrackMan account, and supersede any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

11.2 If we fail to enforce any of our rights under these terms and conditions, it will not be considered a waiver.

11.3 You will not transfer any of your rights or obligations under these terms and conditions to anyone else without our consent.

11.4 All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

11.5 Nothing in these terms and conditions shall prevent us from complying with the law.

11.6 These terms and conditions do not confer any third party beneficiary rights.

11.7 You will comply with all applicable laws when using or accessing your TrackMan account.

12. DISPUTE RESOLUTION

12.1 Danish law shall govern this agreement. Any disputes or claims arising out of or in connection with this agreement are to be brought before the ordinary courts of law with the District Court of Lyngby being the first instance venue. Notwithstanding the just said, TrackMan are entitled to bring any such disputes before courts of law within the user's jurisdiction, including for the purposes of enforcing its rights under the agreement.

12.2 If any portion of these terms and conditions is deemed void or unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.

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Stay updated on these terms and conditions and any changes thereto, which are made available on this site.

General terms for the sale and delivery of products and product-related-service by Trackman

Valid as of 1 Janaury 2024

Please read these Terms of Sale carefully before ordering any software or physical products online from Trackman.com (the “Website”). Terms of Sale create a binding agreement between buyer and Trackman Terms may be revised without notice and posted on the website. Terms posted at the time of purchase will govern the order. Buyer should carefully review and verify order details before submitting. Buyer's use of the website is also governed by Trackman's Privacy Policy. Software products and licensing via the website are subject to Trackman's Terms and Conditions for use of account. The Purchase Agreement, the General Terms and the License Terms are hereinafter collectively referred to as the "Agreement".


1. Definitions

The following expressions shall have the following meanings: "Documents" means any and all printed aid in relation to the Hardware and/or the Software.

"Goods" means the Hardware and the Software.

"Hardware" means all such goods acquired by the Buyer under the Purchase Agreement, save for the Software.

"Service" means any activities completed by Trackman in exchange for the consideration described in the Agreement.


2. Product Information

Data in product information and price lists are binding only if expressly included in the Agreement. Technical documents, software, etc. provided by Trackman may only be used for the purpose for which they were submitted and cannot be shared with a third party.</p>


3. Intellectual Property Rights

These terms do not transfer or grant a license to Trackman’s intellectual property rights. The buyer cannot alter or remove any trademarks, brands, logos, etc. on the Goods.


4. Confidentiality

Information and physical material provided by Trackman to the Buyer are confidential. Exceptions are information already in the public domain or becomes public through no default or breach of the Purchase Agreement.


5. Prices and payment

Prices in Trackman documents exclude taxes and tariffs. Payment is due before shipping or services rendered, unless stated otherwise. Delayed payments will accrue 1% interest per month. Trackman retains title to products until payment is received in full. In case of nonpayment, Trackman has the right to recover possession of the Goods.


6. Limited warranty

Trackman provides a limited warranty for Hardware, and separate limited warranty for delivered Software. The Hardware is warranted to be manufactured with good workmanship and defects must be notified within 14 days of receipt. Defective parts must be returned to Trackman for repair or replacement at their cost. Trackman is only liable for defects under provided conditions of operation and proper use. The warranty expires 12 months after delivery and terminates if the Hardware is opened or seal is broken by unauthorized parties.


7. General limitations of liability

Trackman are not liable for any loss or damage caused by the use of the Goods, including product liability or indirect or consequential loss. Trackman's liability is limited to the amount paid by the Buyer pursuant to the Purchase Agreement during the 12 months prior to the claim.


8. Goodwill and Promotional Value

Customer acknowledges that the Goods, Services, and Trademarks belong exclusively to Trackman and agrees not to dispute or attack Trackman's rights or validity of the Goods, Services, and Trademarks. Customer's use of the Goods, Services, and Trademarks shall inure to the benefit of Trackman, and any trademark rights created by such use shall be assigned to Trackman. Trackman may commence an action in any court or arbitration proceeding and seek injunctive relief and other appropriate remedies in the event of any breach by Customer.


9. Indemnification

Customer is responsible for defending Trackman against any third-party claims or costs resulting from the Customer's breach of the Agreement.


10. Ground for relief

Circumstances beyond control that impede Agreement performance or make it unreasonably onerous shall be grounds for relief, including industrial disputes, acts of God, shortage or failure of transport, defects or delays in deliveries by sub-contractors, and more. Either party may terminate the Agreement if relief grounds delay performance for over 6 months.


11. Applicable law and venue

The law of the Kingdom of Denmark shall govern the Agreement. The United Nations Convention on the International Sale of Goods shall not apply. Any disputes or claims arising out of or in connection with the Agreement may be brought before the ordinary courts of law with the Maritime and Commercial Court ("Sø- og Handelsretten") in Copenhagen, Denmark being the first instance venue. Trackman may bring any such disputes before courts of law within the Buyer's jurisdiction to enforce its rights under the Agreement.


12. Miscellaneous

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. Nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.


13. Our right to reject your order or cancel a contract

We reserve the right to reject orders or cancel contracts for reasons such as product unavailability, incorrect billing information, reselling, price errors, undeliverable addresses, or events beyond our control. We will refund any payments received in relation to the cancelled contract.


14. Delivery of physical goods

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.


15. Returns & cancellations

Cancel orders for free before shipment by contacting support@Trackman.com. Defective or non-conforming products can be returned for a refund of the purchase price and shipping costs. Customers have a right of withdrawal within 30 calendar days of delivery for software and physical products, without giving a reason. Products must be returned complete and not used, and customers are responsible for return shipping costs. Refunds will be processed within 30 days of receiving the returned products and may be withheld until the products are received or evidence of return is provided.


16. Events outside our control

If an event outside our control happens, such as a natural disaster, war, or epidemic, and it affects our ability to fulfill our obligations under these Terms of Sale, we will notify you as soon as possible. Our obligations will be suspended, and the time for performance will be extended for the duration of the event. If an event outside our control affects our delivery of a product to you, we will arrange a new delivery date with you. If you no longer wish to receive the products, you may cancel the contract, and we will refund any amount received from you.