UltWin Website Terms and Conditions
www.ultwin.com >> UltWin Website Terms and Conditions
These terms and conditions apply between you, the User of This Website, and nGolf Ltd, the provider of This Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of This Website. If you do not agree to comply with and be bound by these terms and conditions, you must stop using This Website immediately.
Please direct any questions or comments regarding these terms and conditions to info@ultwin.com.
1 Definitions and Interpretation
2 General Terms and Conditions
3 Cookie Policy
4 Privacy Policy
5 Law and Jurisdiction
6 Changes to the Terms and Conditions
1 Definitions and Interpretation
In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
(a) “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of www.ultwin.com.
(b) "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, legal restrictions, censorship, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
(c) “Personal Information” means collectively all personal information processed and collected by nGolf Ltd. This includes personal information automatically logged by the server for This Website and personally submitted information.
(d) “Services” means collectively any facilities, tools, services or information that nGolf Ltd makes available through www.ultwin.com either now or in the future.
(e) “nGolf Ltd” (previously known as Ultwin Ltd) is a company incorporated in England and Wales (registration number 09750491). Its registered office is: Rudyard Manor, Rudyard, Staffordshire, England, United Kingdom. ST13 8PN.
(f) “User” / “Users” means any third party that accesses Content and use Services available from This Website and is not employed by nGolf Ltd and not acting in the course of their employment.
(g) “This Website” means www.ultwin.com including its Content and Services.
2 General Terms and Conditions
2.1 Access to This Website
2.1.1 Access to This Website is free of charge. No part of This Website requires payment of any kind in order to access or use it.
2.1.2 It is your responsibility to make any and all arrangements necessary in order to access This Website.
2.1.3 Access to This Website is provided “as is” and on an “as available” basis. nGolf Ltd may alter, suspend or discontinue This Website, or any part of it, at any time and without notice. nGolf Ltd will not be liable to you in any way if This Website, or any part of it, is unavailable at any time and for any period.
2.2 Intellectual Property Rights
2.2.1 All Content included on This Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by nGolf Ltd. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
2.2.2 Subject to sub-clauses 2.2.3 and 2.2.5 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from This Website unless given express written permission to do so by nGolf Ltd.
2.2.3 You may:
(a) Access, view and use This Website in a web browser (including any web browsing capability built into other types of software or app).
(b) Download This Website, or any part of it, for caching.
(c) Download software in accordance with its end user licence agreement and made available by a download link from This Website.
(d) Print pages from This Website.
(e) Download extracts from pages on This Website and save pages from This Website for later and/or offline viewing.
(f) The status of nGolf Ltd as the owner or licensor of the Content on This Website (or that of identified licensors, as appropriate) must always be acknowledged.
2.2.4 You may not use any Content saved or downloaded from This Website for commercial purposes without first obtaining a licence from nGolf Ltd (or the licensors of nGolf Ltd, as appropriate) to do so. This does not prohibit the normal access, viewing and use of This Website for general information purposes whether by personal or corporate users. This sub-clause 2.2.4 does not apply to software made downloadable from This Website which is supplied with an end user licence agreement.
2.2.5 Nothing in these terms and conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
2.3 Links to This Website
2.3.1 You may link to This Website provided that:
(a) You do so in a fair and legal manner.
(b) You do not do so in a manner that suggests any form of association, endorsement or approval on the part of nGolf Ltd where none exists.
(c) You do not use any logos or trade marks displayed on This Website without the express written permission of nGolf Ltd.
(d) You do not do so in a way that is calculated to damage the reputation of nGolf Ltd, or to take unfair advantage of it.
2.3.2 Framing or embedding of the This Website on other websites is not permitted without the express written permission of nGolf Ltd.
2.3.3 You may not link to This Website from any other site the main content of which contains material that:
(a) Is sexually explicit.
(b) Is obscene, deliberately offensive, hateful or otherwise inflammatory.
(c) Promotes violence.
(d) Promotes or assists in any form of unlawful activity.
(e) Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age.
(f) Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person.
(g) Is calculated or is otherwise likely to deceive another person.
(h) Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy.
(i) Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-clause 2.3.3).
(j) Implies any form of affiliation with nGolf Ltd where none exists.
(k) Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party.
(l) Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
2.4 Links to Other Sites
Links to other sites may be included on This Website. Unless expressly stated, these sites are not under the control of nGolf Ltd. nGolf Ltd neither assume, accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on This Website is for information only and does not imply any endorsement of the sites themselves, or of those in control of them.
2.5 Disclaimer
2.5.1 The Content on This Website does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the Content of This Website.
2.5.2 nGolf Ltd make no representation, warranty, or guarantee that This Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
2.5.3 nGolf Ltd make reasonable efforts to ensure that the Content on This Website is complete, accurate, and up to date; However, nGolf Ltd does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.
2.6 Indemnities
The User shall indemnify and shall keep indemnified nGolf Ltd against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by nGolf Ltd and arising directly or indirectly as a result of any breach by the User of these terms and conditions.
2.7 Liability
2.7.1 To the fullest extent permissible by law, nGolf Ltd accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) This Website or the use of or reliance upon any Content included on This Website.
2.7.2 To the fullest extent permissible by law, nGolf Ltd exclude all representations, warranties, and guarantees (whether express or implied) that may apply to This Website or any Content included on This Website.
2.7.3 If you are a commercial User, nGolf Ltd accept no liability for loss of profits, sales, business or revenue, business opportunity, goodwill or reputation, anticipated savings or for any indirect or consequential loss or damage.
2.7.4 nGolf Ltd take all reasonable steps to ensure that This Website is free from viruses and other malware; However, nGolf Ltd accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of This Website (including the downloading of any Content from it) or any other site referred to on This Website.
2.7.5 nGolf Ltd neither assumes or accepts responsibility or liability in respect of any losses arising out of a Force Majeure Event.
2.7.6 Nothing in these terms and conditions excludes or restricts liability of nGolf Ltd for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
2.8 Viruses, Malware and Security
2.8.1 nGolf Ltd take all reasonable steps to ensure that This Website is secure and free from viruses and other malware; However, nGolf Ltd does not guarantee that This Website is secure, free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-clause 2.7.4.
2.8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
2.8.3 You must not deliberately introduce viruses, other malware, or any other material which is malicious or technologically harmful either to or via This Website.
2.8.4 You must not attempt to gain unauthorised access to any part of This Website, the server on which This Website is stored, or any other server, computer, or database connected to This Website.
2.8.5 You must not attack This Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
2.8.6 By breaching the provisions of sub-clauses 2.8.3 to 2.8.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and nGolf Ltd will cooperate fully with those authorities. Your right to use This Website will cease immediately in the event of such a breach.
2.9 Acceptable Usage Policy
2.9.1 You may only use This Website in a manner that is lawful. Specifically:
(a) You must ensure that you comply fully with any and all local, national or international laws and/or regulations.
(b) You must not use This Website in any way, or for any purpose, that is unlawful or fraudulent.
(c) You must not use This Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind.
(d) You must not use This Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
2.9.2 nGolf Ltd reserve the right to suspend or terminate your access to This Website if you breach the provisions of this Clause 2.9 or any of the other provisions of these terms and conditions. Specifically, nGolf Ltd may take one or more of the following actions:
(a) Suspend, whether temporarily or permanently, your right to access This Website.
(b) Issue you with a written warning.
(c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach.
(d) Take further legal action against you as appropriate.
(e) Disclose such information to law enforcement authorities as required or as nGolf Ltd deem reasonably necessary.
(f) Any other actions which nGolf Ltd deem reasonably appropriate and lawful.
2.9.3 nGolf Ltd hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that nGolf Ltd may take in response to breaches of these terms and conditions.
3 Cookie Policy
There is no cookie policy in these terms and conditions as cookies are not used by This Website.
4 Privacy Policy
This privacy policy applies to the use of any and all Personal Information in relation to User's use of This Website.
4.1 How and why Personal Information is collected
4.1.1 Personal Information is either automatically logged by the server hosting This Website, or voluntarily submitted by Users in relation to Content and Services. nGolf Ltd does not receive Personal Information from other sources.
4.1.2 Personal Information may be collected by:
(a) Providing Content and Services.
(b) Users requesting information from nGolf Ltd about Content and Services.
(c) Users updating downloadable Content or Services through an inbuilt mechanism provided by nGolf Ltd.
(d) Users informing nGolf Ltd there is an issue with any Content or Services for support, or other reasons.
4.1.3 Personal Information may be used for:
(a) Security monitoring.
(b) Marketing and analysis.
(c) Improving Content and Services.
(d) Providing support requested by Users for Content and Services.
(e) Sending important notices by email from time to time (note sub-clauses 4.1.4 and 4.6.1). Such notices could relate to Content and Services, or to changes to these terms and conditions.
4.1.4 nGolf Ltd will never send Users marketing emails of any kind without their express consent. If such consent is given, Users may opt out at any time using an unsubscribe link in marketing emails, which may take up to 10 business days to take effect.
4.2 More Details about the Personal Information Collected
4.2.1 nGolf Ltd currently collect and process the following information which is voluntarily submitted:
(a) Contact information; Usually, this would be names and email addresses.
(b) Any other voluntarily submitted information relating to Content and Services.
4.2.2 nGolf Ltd currently collect and process the following information which is automatically logged by the server hosting This Website:
(a) Referrer.
(b) Error logs.
(c) User agent.
(d) Bytes served.
(e) Page requested.
(f) Request date/time.
(g) IP address and device identifier.
(h) Any other information that is automatically logged by the web server.
4.3 How Personal Information is Shared
4.3.1 Personal Information is not shared with third parties except for the following reasons:
(a) If nGolf Ltd is obliged by law to share Personal Information to third parties.
(b) If nGolf Ltd expands or reduces its business and this involves the transfer of control of certain divisions to other parties. Personal Information provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner, or newly controlling party, will be permitted to use the Personal Information under the terms of this privacy policy.
4.4 How Personal Information is Stored
4.4.1 Personal Information is securely stored:
(a) In its original location, or it is compressed and encrypted to a storage device.
(b) In its original form, which could be in the form of emails, server logs or reports based on the server logs (reports based on server logs are usually provided by the hosting company for This Website and do not contain personally identifiable information).
4.4.2 Personal Information is securely deleted:
(a) After a maximum of three years for voluntarily submitted Personal Information.
(b) After a maximum of six years for Personal Information automatically logged by the server hosting This Website.
4.5 Your Data Protection Rights
4.5.1 Under the General Data Protection Regulation (GDPR), the lawful bases nGolf Ltd relies on for processing Personal Information is: legitimate interest.
4.5.2 Under data protection law, you have rights including:
(a) Your right of access - You have the right to ask nGolf Ltd for copies of your Personal Information.
(b) Your right to rectification - You have the right to ask nGolf Ltd to rectify Personal Information you think is inaccurate. You also have the right to ask nGolf Ltd to complete Personal Information you think is incomplete.
(c) Your right to erasure - You have the right to ask nGolf Ltd to erase your Personal Information in certain circumstances.
(d) Your right to restriction of processing - You have the right to ask nGolf Ltd to restrict the processing of your Personal Information in certain circumstances.
(e) Your right to object to processing - You have the the right to object to the processing of your Personal Information in certain circumstances.
(f) Your right to data portability - You have the right to ask that nGolf Ltd transfer the Personal Information to another organisation, or to you, in certain circumstances.
4.5.3 You are not required to pay any charge for exercising your rights. If you make a request to exercise your rights, nGolf Ltd has one month to respond to you. Please contact info@ultwin.com if you wish to make a request.
4.6 How to complain
4.6.1 If you have any questions or concerns about communications from or the use of your Personal Information by nGolf Ltd, you can make a complaint to info@ultwin.com.
4.6.2 You can also complain to the ICO if you are unhappy with how nGolf Ltd has used your Personal Information.
The ICO's website: https://www.ico.org.uk
The ICO's helpline: 0303 123 1113
The ICO’s address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF
5 Law and Jurisdiction
5.1 These terms and conditions, any disputes concerning these terms and conditions, and the relationship between Users and nGolf Ltd (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
5.2 If any provision of these terms and conditions is determined to be or to have become illegal or unenforceable, the remainder of these terms and conditions shall not in any way be affected or impaired.
6 Changes to the Terms and Conditions
nGolf Ltd reserves the right to change these terms and conditions as may be deemed necessary from time to time, or as may be required by law. Any changes to these terms and conditions will be immediately posted to This Website, and you are deemed to have accepted them on your first use of This Website following the alterations.
