TERMS & CONDITIONS APP “PIN VISION”

Last update: 16/05/2021

The Pin Vision application (the Application) is an Application published by Pin Vision, registered in Via Roma 6 – Pino Torinese (TO), (“Pin Vision”, “we”, “us”, the “Company”). 

 

Please read these terms and conditions before starting to use the Application.  We recommend that you print a copy for future reference. 

1. Introduction

The purpose of these General Terms and Conditions of use (the “General Conditions”) is to define the terms and conditions under which you are authorized to use the Application. You acknowledge that you have read these General Terms and Conditions and agree to comply with them while using the Application.  Pin Vision expressly reserves the right to modify the General Terms and Conditions.  Any modification will be communicated to you by email and by publication on Pin Vision’s website.  Changes will be deemed to be approved by you if you do not object to them in writing (e.g., by email) within one month after notice of the changes. Pin Vision will accurately indicate this consequence at the time of notice of changes. For the purposes of assessing compliance with the time limits for exercising the objection, the date on which the objection is sent will apply.

2. Description of the Application

The application is a software program available for mobile phones that allows you to :  

– access a database of the golf courses included in our platform; 

– see the positioning of the flag on the course;  

– see the distance to the hole or target in the practice areas; 

– virtualize your golf games, record the history of your games and share them with your contacts.

3. Creating an account

You must create an account to use the Application. When creating your account, you must enter a valid email address or phone number and a password. You are responsible for entering this information correctly. Pin Vision will not be held liable if you provide incorrect information. We reserve the right to deactivate your account at any time if we believe that you have failed to comply with any of the provisions of these Terms and Conditions. You are entirely responsible for maintaining the confidentiality of your account and agree not to disclose your login information. If you know or suspect that someone else knows your password, please notify us immediately via the Application’s “Contact Us” page and change your password via the “Forgot Password” feature. 

You can cancel your account at any time by sending us a message via the “Contact Us” page of the Application.

4. Availability of the Application

The User is informed that the Application is generally accessible 24 hours a day, 7 days a week, except in cases of force majeure, possible difficulties related to telecommunications networks or other technical difficulties. We also reserve the right to interrupt access to the Application for maintenance purposes. 

5. Push Notifications

The “Push” notifications allow us to quickly notify you of relevant events related to the Application or to the Golf Club(s) you have registered. You will receive these notifications only if you have activated them during the installation of the Application, and you can deactivate them at any time through the “Settings” section of your phone. 

6. Intellectual Property

Pin Vision s.r.l. is the owner or licensee of all intellectual property rights of the Application and of the contents published on it. These elements are protected by copyright laws and Treaties.  All these rights are reserved. Your use of the Application and access to its content does not grant you any intellectual property rights in relation to these elements, which remain our property or the property of our licensors. In general, you only have a free, personal, non-exclusive and non-transferable right to use the Application and its content, exclusively in a private context and subject to your acceptance of and compliance with these General Conditions. This right is granted to you only in the country from which you access the Application and only during the period of access to the Application. Any distribution, copying, exploitation, translation, extraction, duplication, modification, deletion, transfer, representation or reproduction, as well as any alteration, total or partial, of the Application or its content or any of its components, in any way and for any reason, is expressly prohibited. 

It is also forbidden to: 

– copy, modify, create a derivative work, reverse-engineer the design or assembly or in any other way attempt to find the source code (except in cases provided for by law), sell, assign, sub-license or transfer in any way any right related to the Application and its content;

 – violate in any way the intellectual property rights related to the Application and/or its content. 

Further, any form of data extraction or data mining, or other commercial exploitation of any kind is also prohibited.

Failure to comply with these terms may constitute an infringement for which the author is responsible.

 

Pin Vision is a registered trademark of Pin Vision s.r.l.. The Company trademarks may not be used in connection with any product or service that is not provided by The Company, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Company. All third-party trademarks that may be displayed in the Application and/or The Website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Third Parties by the Company. Any use of Third Party trademarks or links to the websites of Third Parties neither express nor imply that such Third Party endorses or is in any way affiliated with the Company.

7. Protection of personal data

Pin Vision s.r.l. acts as data controller and guarantees the protection of your personal data. For further information on the processing of your personal data, please consult our privacy policy, available at https://pinvision.it/en/privacy-policy-en/.  

8. Information provided without warranty

Although reasonable efforts have been made to update the information on the Application, there is no representation or warranty, express or implied, that the content of the Application is accurate, complete or up-to-date. The content of the Application is provided merely as general information.

9. Hypertext links to third party sites

Where the Application contains links to third party web sites and resources provided by third parties, such links are provided for information purposes only. Please note that these third parties have their own privacy policies and terms of use, which you should read before accessing their website or resources.  Pin Vision has no responsibility for the content of such sites or web pages and assumes no liability for any damages that may be caused by a link to them.

10. User Responsibility

The user uses and accesses the Application and its content at his own risk and under his own responsibility. In particular, the user undertakes to 

– not to hinder the proper functioning of the Application, in particular not to circumvent the systems and technical protection measures, not to perform or encourage acts of piracy, to transmit malicious elements (computer viruses), to interrupt, destroy or limit the functionality of the Application as well as of any tool, software or hardware related to the Application; 

– not to violate the rights and image of Pin Vision or third parties; 

– not to violate the laws and regulations 

In particular, it shall not engage in conduct that violates privacy and personal data, human dignity and minors, nor incite violence, racial hatred, discrimination, racism, xenophobia, nor tolerate crimes. Pin Vision is not responsible for any damage or harm caused by a computer virus, distributed denial-of-service attack, or any other malicious technological element that may infect your device, computer software, data, or other proprietary material caused by your use of the Application. You further agree to take all appropriate steps to protect and ensure the security of your data and device. 

11. Liability of Pin Vision

In no event shall Pin Vision be liable for any damages whatsoever, particularly special, indirect, consequential, or incidental damages. Further, the Company shall not be liable for damages for loss of profits, loss of revenue, or loss of use, arising from or related to a user’s use of the products or Information contained therein, regardless of whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.

12. Pricing Terms

Certain features of the Application may be provided for a fee. If you choose to use paid features, such use is subject to this Agreement and the specific terms included in any order form, payment order, or similar in which you indicate your acceptance (including by making related payments).  You agree to pay all applicable fees and taxes, if any, incurred by you or anyone using your Account. We reserve the right to revise the prices of services offered at any time.  

The Application is available on cell phones with Android or Apple operating systems. The Application is available in a free version and a paid version, which allows you to view distances on the race course. This subscription has a monthly duration with automatic renewal and the prices and details of the service offered are displayed on Pin Vision’s App Store and Play Store page. Subscription to paid services is governed by the terms and conditions of Apple’s iTunes and Google’s Play Store. You acknowledge that you have read and agree to the Apple iTunes or Google iTunes terms and conditions at the time of payment. Payment processing and billing are subject to the terms, conditions, and privacy policy of Apple iTunes and Google Play Store, respectively. Payments are debited from your iTunes account or your Google account after your purchase is confirmed. Pin Vision cannot be held responsible for any errors in the payment process related to Apple iTunes or Google Play Store. 

Subscriptions are automatically renewed unless you cancel the automatic renewal at least 24 hours before the end of the active period. Your iTunes or Google account is charged for renewal 24 hours before the end of the active period. You may change your subscription or stop auto-renewal at any time, including after purchase, by going to your iTunes or Play Store account Settings. Cancellation of a subscription takes effect at the time of the next renewal; you cannot cancel your subscription for the current period. Apple, the App Store, and iTunes are trademarks of Apple Inc., and Google Play and Google are registered trademarks of google Inc. in the United States and other countries.

13. Update of the Application

We have the right to regularly update the Application and to change its content at any time. Please note, however, that the content of the Application may not be up to date and that we are under no obligation to update it.  

 

If you have any questions regarding these General Conditions, you are invited to send us a message through the “Contact Us” page of the Application.