Access to the Clapphouse application (hereinafter, “APP”), as well as the use of it, are subject to the Terms and Conditions of Use described below (hereinafter, the “T&C”).
We advise you to read these T&C carefully. If you have any doubt or need any clarification, you can contact ALOHA GOLF, S.A (from now on, the “CLUB”) by email at email@example.com or by writing to Club de Golf Aloha, Urbanización Aloha s/n, 29660 Nueva Andalucía, Marbella.
The non-acceptance of these T&C entails the loss of the right to use the APP, and therefore, the possibility of enjoying the services provided through it (from now on, “SERVICES”).
1. INFORMACIÓN SOBRE EL CLUB
The CLUB is a Spanish company specialized in providing golf club services and is the owner of the APP.
The company is also the owner of the website ww.clubdegolfaloha.com.
In accordance with the requirement of article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI-CE), we inform you of the following information:
- CIF of the company: A29098514
- Headquarters: Urbanización Aloha, s/n; 29660 Nueva Andalucía; Marbella; Málaga; Spain
- Registration data: set up on 8th March 1983 and registered at the Málaga Mercantile Registry under sheet 2318-A, page 140, book 549 general, 408 of the 3rd Section of the Company Book.
- Contact email: firstname.lastname@example.org
“User” is any person who accesses the APP and makes use of it. By doing so, the person accepts and acknowledges the T&C, and becomes a User of the App (hereinafter, “USER”). Users are the owners of the personal data that is the object of treatment.
“Account” refers to the virtual space within the APP through which the CLUB provides SERVICES to USERS who have previously correctly validated their identity as CLUB customers. 1
3. DESCRIPTION AND OPERATION OF THE APP
3.1. Purpose of the solution
On the one hand, the APP allows USERS to interact with the CLUB in different ways, enabling multiple use cases.
On the other hand, the APP allows the CLUB to optimize its operations, get to know its customers better and offer a better and safer experience to USERS.
3.2. Main use cases
The possible uses associated with the APP and the provision of the SERVICES that the CLUB provide through it are multiple, such as those that, but not limited to, are set out below:
- Being promptly informed about all types of incidents, news and promotions, and general information of interest.
- Accessing other systems outside the APP without having to identify oneself
- Being able to make, modify and cancel
- Receiving real-time information about
- Being able to check
- Being able to consult the details of different events and
- Being able to register for an event and subsequently manage the
- Being promptly informed about schedules and
- Being able to consult all kinds of reference
- Being able to connect with other friends, interact with them and be informed of their activity.
- Being able to accumulate points for different events and exchange the points for
- Being able to access additional services of all kinds (eg. playing HCP calculator, requesting correspondence, checking the weather, technical support,…).
- Accessing one’s personal customer identification
- Being able to pay for different services and products
Whether or not USERS can enjoy these use cases depends to a large extent on the modules contracted at any given time by the CLUB as well as the use that the CLUB makes of the solution.
3.3. Account Activation
In order to become a USER, it is necessary to activate the CLUB account and keep it activated at all times.
To do this you must previously validate your identity as per the mechanism implemented at every moment, and which currently requires:
- You identify yourself with your specific, confidential customer ID that the CLUB should have previously provided to you.
- And then verify that your mobile number is valid by entering an activation key that will be sent by SMS.
In this sense, it is important to note that the CLUB has no obligation to provide a customer identifier to anyone who requests it.
Likewise, it is also possible to activate the CLUB account on different mobile devices, in which case it will be necessary to complete the activation process again as implemented at all times.
Once the account is activated, to use the APP it is not necessary to enter any additional username or password.
3.4. Personal information
The APP captures multiple personal data through different mechanisms, and builds with it a profile of each USER with the fundamental objective of being able to personalize the different SERVICES provided and offer a better experience to USERS.
And for the purposes of providing the USERS with the different SERVICES, the CLUB processes these personal data, and acts as the person responsible for the processing of said data.
3.5. Parties involved in the APP
The USER declares to know and accept that, taking into account the idiosyncrasy of the operation of the APP, for the correct operation of the same, apart from the CLUB (as the main provider of the SERVICES and owner of the APP), other parties participate as well such as the different collaborators and external suppliers of the CLUB, that, but not limited to, are indicated below:
- The technology provider in charge of the development and maintenance of the APP. As well as the different technology providers, and specifically their respective solutions and services, that it uses in order to enable the proper functioning of the APP for aspects such as sending the SMS with the activation key, sending notifications, online registration service for events, the provision of various value-added services, payment processing and others.
- The provider of the CLUB management systems, and specifically those management systems, with which the APP is integrated in order to offer USERS information regarding their profile, reservations and participation in events and the possibility of completing different transactions through the APP (eg. self check in).
- The different telecommunications
- The different developers of mobile operating
- The different manufacturers of mobile
In addition, in order to obtain, install, update, access, use, or continue accessing the APP, the USER may have to use certain third-party services, such as those of the mobile operator. The use of third-party services may be subject to additional rates and terms and conditions of use, and the USER accepts that the CLUB is not responsible for the activities of said third parties, when these services process personal data for their own purposes.
3.6. Obtaining the APP through digital stores
If the APP was obtained through any digital store, the USER and the CLUB acknowledge and accept that:
- This document is concluded between the USER and the CLUB only, and not with the digital stores.
- Digital stores have no obligation to provide maintenance and support services in relation to the APP.
- The CLUB, and not the digital stores, will be in charge of dealing with the claims of the USER or any third party in relation to the APP, including among such:
- Liability claims for the SERVICES
- Any claim in the event that the APP does not comply with any applicable legal or regulatory requirement.
- Complaints related to consumer protection or similar
- Claims from third parties regarding the infringement of intellectual property rights in relation to the APP or its possession or use.
Digital stores and/or their subsidiaries will be third-party beneficiaries of these T&C and will have the right to enforce the same as a third-party beneficiary.
The USER will be able to obtain the APP from the digital stores of Google Play and Apple Store. Obtaining the APP through digital stores does not imply any cost.
Some of the SERVICES provided may require the activation of the device’s geolocation functionalities. In the case of being necessary, the APP will inform the USER of this so that it can accept or not this characteristic in due course.
The USER acknowledges and accepts that the APP and/or the SERVICES provided may promptly present advertisements from the CLUB, the licensees or third parties.
3.9. Account deletion
The USER may delete his account through the option enabled for this purpose within the APP at any time. You can also exercise this right by contacting the CLUB directly.
In the event that the USER deletes his account on all his devices, he will lose the status of USER from that moment.
The account will not be automatically deleted in the event that the USER simply uninstalls the APP from their mobile device.
The CLUB also reserves the right to delete the USER’s account at its discretion and at any time, and in particular in the event that the USER has not accessed his account and used the APP in the twelve months following the date of the last login registered for the given account.
4. APP LICENSE AND ITS DURATION
This APP grants the USER a non-exclusive, limited, non-transferable and revocable license to use it, and the USER must use it exclusively for personal purposes, and not for commercial purposes or for the entertainment of third parties. The CLUB reserves all rights not expressly granted in the SERVICES or in its T&C.
The license granted to the USER is granted in perpetuity. However, the CLUB may terminate this license at any time and without justified cause.
Notwithstanding the foregoing, said license will expire due to the following circumstances:
- Breach by the USER of any of the present T&C that are included in this
- Attempt to destroy the APP or detect malware or threat in this
- At the request of the USER himself by uninstalling the APP from his
Termination in accordance with this clause will not affect any right or remedy that the CLUB has under current legislation.
Likewise, this license does not limit any right that the CLUB may have in accordance with this document to modify the APP by way of updating, in particular by eliminating the characteristics of the APP, or to modify or stop offering the SERVICES or any part of such.
5. GUARANTEES AND SUPPORT
5.1. General guarantee against incidents
The USER assumes that the APP and the SERVICES that emerge from it cannot be guaranteed to be free of errors; the existence of such errors not constituting a breach of these T&C.
Likewise, the USER declares to know and accept that, taking into account the multitude of agents that intervene in the provision of the SERVICES (as they have been indicated previously in this document) and of factors beyond its control, the CLUB will not be liable for any serious or minor incident caused or derived directly or indirectly, by actions or omissions of any other collaborators and external suppliers in the correct functioning of the APP and/or by the occurrence of external factors that are beyond the control of the CLUB, except for those incidents caused or derived directly or indirectly by actions or omissions of a CLUB processor and that could have affected personal data, and always in accordance with current legislation at all times in this matter.
By way of example but not limited to the different factors beyond the CLUB that may cause an impact on the APP and/or on the USERS, and of which the CLUB will not respond, the following are indicated below:
- Launch by third parties of a new operating system for mobile devices that affects the operation of the APP.
- Problems and/or news with certain mobile devices, and in particular with those devices that are less popular among the USER base and/or that come from manufacturers of dubious quality.
- Incidents associated with the service provider in charge of sending the SMS with the key to activate any account.
- Specific problems that may lead to a lack of reception or late reception of the SMS with the activation key and/or any notification, automatic or not, sent by the
- Incidents associated with the provider of the infrastructure used by the CLUB for the provision of SERVICES.
- Problems derived from the mobile phone operator, such as connectivity problems since the APP requires internet connectivity to function.
- Incidents that do not originate from the APP itself and/or any of CLUB’s suppliers and collaborators.
- Causes of force majeure such as natural catastrophe, inability to use CLUB facilities, illness or death of key CLUB personnel or key personnel of CLUB’s collaborators and external suppliers, interruption or fluctuations in the communications network, interruption or fluctuations in the supply of electrical energy and, in general, any external element beyond the control of the CLUB that prevents it from complying with the obligations that are legally and/or contractually their own.
Unless expressly stated otherwise in these T&C, and to the extent permitted by applicable law, the CLUB will not be liable to the USER for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, which are derived from the breach of these T&C or as a result of the defective provision of the SERVICES.
The CLUB does not guarantee the availability, continuity or infallibility of the operation of the APP and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or continuity or failure of the APP and the SERVICES, as well as their content.
5.2. Guarantees on the information provided
The uploading of images to the APP, as well as their content, is exclusively the responsibility of the parties who upload them. In particular, the CLUB is not responsible, in any case, for the images published by other third parties, and those shared by USERS with the CLUB or with other USERS, and also excludes any liability for damages of any kind that could be caused.
The CLUB may make links available to USERS in order to facilitate access to information, services and other third-party content available on the Internet. The links enabled in the APP may lead the USER to other websites managed by third parties, over which the CLUB does not exercise any type of control. The CLUB is not responsible for the content of the websites that the USER can access through said links, and declares that in no case will it proceed to examine or exercise any type of control over the content of other sites on the network. The existence of links does not presuppose a relationship of any kind between the CLUB and the owner of the linked web page, and the CLUB will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that may be accessed through the links.
Nor will the CLUB respond to errors in the information provided by other third parties, and shown to the USER in the APP and that could cause any damage and/or harm, since the CLUB is limited to providing a communication channel with USERS through the APP but in no case controls the content of the information provided to USERS by other third parties. For illustrative and non-limiting purposes, said information may consist of:
- Information about
- Information displayed in the profile of each
- Information about the participation of a USER in an
- Information on services and rates and different
- Content of notifications sent to
- Links to systems and services outside the
5.3. Obligations of the CLUB
Despite all this, and given that the CLUB highly values the quality of the APP and the SERVICES provided through it, the CLUB has defined a series of specific obligations whose main purpose is to safely offer an excellent service to USERS. To this end, the CLUB undertakes to:
- Ensure the integrity and confidentiality of the customer identifier used for the activation of each account by the USER, that is, that said identifier is treated in such a way that only the USER in question and those parties involved in the process know said identifier.
- Make every effort to ensure that the information provided and communicated to USERS through the APP is true and free from any errors, material or formal (including spelling and formatting) and that the information provided will be updated at all times.
- Make every effort to carry out any communication in the preferred language selected at all times by the USER among the options enabled by the CLUB.
- Make every effort not to send notifications, massive or segmented, of a sexual nature or that incite violence, or that contain foul or inappropriate language, and
/ or that exceed volumes and frequencies considered reasonable.
- Do not edit any field of the USER file without the prior explicit consent of the USER. Said prior consent will not be necessary when the objective of modifying any of the profile fields is to correct an existing error.
- Make every effort to (i) ensure that the APP in general, and the different enabled modules in particular, are properly configured at all times and (ii) make good use of the different functionalities and benefits of the APP in order to avoid anomalous behaviors in the APP that could affect the experience of the
5.4. Technical support
In accordance with these T&C, the CLUB will be obliged to offer and/or publish in the digital store the new extensions or versions, and other services in relation to the use of the APP or the provision of the SERVICES. In any case, it is the USER’s responsibility to update the APP through the functionalities provided by the CLUB through the digital store.
In the event that the CLUB inactivates the APP, the USER will be informed by electronic notification.
In the case of requiring help of any kind, USERS may at any time contact the CLUB directly through the channels enabled at any time in the APP and/or by sending an email to email@example.com
Additionally, the CLUB may, at its choice, make different tools and materials available to USERS to facilitate said technical support, and which they will be informed of at all times.
6. OBLIGATIONS OF THE USERS
The USER assumes his responsibility for the correct use of the APP. This responsibility will extend to:
- The veracity and legality of the information provided by the USERS in the forms issued by the CLUB for access to, and personalization of, certain content or SERVICES offered.
- The use of the SERVICES, information and data offered in the APP contrary to the provisions of these T&C, the Law, morals, good customs or public order, or that in any other way may involve injury to the rights of third parties or from the USERS themselves.
- Likewise, access to the APP and/or the SERVICES, or its parts, may require that the device be connected to the Internet or need other third-party In this case, the USER must comply with the terms of the corresponding third party when using their services. In particular, the USER is responsible for ensuring that the installation and use of the APP do not exceed the data usage quotas or other limitations that may apply to their Internet service or other services purchased from third parties.
Additionally, the USER accepts that he will not be able to:
- Use or promote the use of any type of cheats, modifications, exploits or other unauthorized means that may interfere or obtain an undue advantage in the use of the APP and/or its SERVICES;
- Attempt to disrupt the normal operation of the APP, or any other infrastructure operated by the CLUB;
- Try to gain unauthorized access to the APP;
- Make any automated use of the APP;
- Impersonating someone else when using the APP,
- Use the APP to violate or attempt to violate applicable
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1. Rights over the APP and its content
Access to the APP does not grant the USER any right or ownership over the Industrial and Intellectual Property rights of the APP, corporate elements, and elements contained therein (by way of example, the texts, images, logos, distinctive signs, sounds , animations, videos, source code and other content). All rights of use and exploitation of the APP and its contents are reserved.
They will, therefore, be works protected as Intellectual Property by the Spanish legal system, being applicable both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
Any transmission, distribution, reproduction or storage, in whole or in part, made for profit or commercial purposes, of the stored content, as well as the APP, is expressly prohibited, except with the prior and express consent of the rights holder.
The USER agrees to indemnify the CLUB against all liabilities, costs, losses, claims and expenses that the CLUB may incur with a third party as a result of the breach of any of the provisions of these T&C.
In order to preserve the possible Industrial and Intellectual Property rights, in the event that any USER or a third party considers that there has been a violation of their legitimate rights due to the introduction of certain content in the APP, they must notify said circumstance to the CLUB, by email to the address firstname.lastname@example.org indicating:
- The personal data of the interested party who owns the rights allegedly infringed. If the claim is presented by a third party other than the interested party, they must indicate the representation with which they act.
- The contents protected by the rights of Industrial or Intellectual Property, and their location in the APP.
- Accreditation of the aforementioned Industrial or Intellectual Property
- Express declaration in which the interested party is responsible for the veracity of the information provided in the notification.
The legitimacy of the Industrial or Intellectual Property rights corresponding to the content provided by third parties is their sole responsibility.
7.2. CLUB branding considerations
The USER declares to know and accept that the trademark “ALOHA GOLF, SA” and the icon that precedes it is the trademark with which the CLUB operates the APP at present, and that it is duly registered.
To this end, the USER declares to know and accept the faculty that protects the CLUB to change the brand with which to exploit the APP without any need to communicate or justify said change.
The USER may only use the different brand assets of the CLUB in accordance with the brand guidelines specified by the CLUB at all times.
The CLUB declares that it has adopted all the necessary measures to avoid any damage to USERS that may arise from the use of the APP. Consequently, the CLUB is not responsible, in any case, for any damages that the USER may suffer from the use of the APP.
Likewise, the CLUB undertakes to implement the security measures that are required by the applicable regulations and adopt, as far as possible, any additional measures of a technical, administrative, informative or organizational nature that are necessary to comply with the legal requirements on protection of personal data and in particular, guarantee the security and integrity of such data and its protection against alterations, losses, treatments or unauthorized access.
The CLUB reserves the right to modify, revise or replace these T&C when it deems it necessary. And the USER will be duly informed of this through the APP and also through other channels as the CLUB deems appropriate.
Modifications, revisions and substitutions will be effective immediately after their publication on the APP, and may be additionally informed through the website www.clubdegolfaloha.com
The continued use of the APP or the SERVICES after said notification constitutes your agreement to be limited by the terms and conditions of use of said modified, revised or replaced document, as well as your understanding and acceptance.
Non-acceptance of the modifications entails the loss of the right to use the APP, and therefore the USER must stop using it.
For its part, the CLUB may not assign or transfer any of its rights or obligations under this document at its sole discretion, and without prior notice.
10. APPLICABLE LAW AND JURISDICTION
These T&C will be governed by the current legislation of the Spanish territory. The parties submit, at their choice and waiving any other jurisdiction, to the Courts and Tribunals of CLUB’s domicile for the resolution of conflicts and actions that may be exercised, derived from the provision of the SERVICES and the contents, as well as well as the interpretation, application, compliance or non-compliance with what is established here.
If any provision of this document is declared invalid, in any jurisdiction, said provision of the corresponding jurisdiction, will be applicable so that the provision declared invalid is ineffective to the extent of the prohibition, invalidity or inapplicability, without invalidating the remaining provisions of this document or that affect the validity or applicability of said provision in any other jurisdiction.