AMI Sport: Golf App Terms &Conditions

Please read these terms carefully before using the app or services.

Information about us

The app is operated by The Open University (we/us/our). We are a body incorporated by Royal Charter (number RC 000391), an exempt charity in England and Wales and a registered charity in Scotland (number SC038302). Our address is Walton Hall, Milton Keynes, MK7 6AA, Buckinghamshire, United Kingdom.

Terms of use

This page (together with the documents referred to on it) tells you the terms on which you may make use of our AMI Sport Golf App (app). Please read these terms of use carefully before you start to use the app. By downloading and/or using our app, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from downloading and/or using our app.

These terms apply to the app or any of the services accessible through the app (services), including any updates or supplements to the app or any services, unless they come with separate terms, in which case those terms apply.Third party software is included in the app, therefore each of those third party software products is governed by the corresponding licence terms identified under the heading “Third party T&Cs” below.

Please notethe terms of our privacy notice(as updated from time to time), available at www.amisports.app/privacy. We will process data about you in accordance with this privacy notice (as updated from time to time).

We license use of the app and services to you on the basis of these terms and subject to any rules or policies applied by any appstore provider or operator from where you downloaded the app. This app uses the internet and may incur internet usage charges that are payable by you.

The services and app are not intended to be used for medical or healthcare purposes. If you have any concerns regarding your health then these should be addressed with a medical professional.

Subscription fees

These terms apply to subscriptions taken out directly via our website (www.amisports.app). If you subscribed through an appstore (e.g. Apple’s iTunes Store or Google’s Google Play Store) then your subscription will be managed by the appstore owner and their terms and conditions.
We will try to process your subscription promptly, but we do not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us (and a contract formed) when we have successfully verified your details and provided you with access to the app. We reserve the right to reject any offer in our discretion, for any or no reason.

You agree to pay the price at the rate notified to you at the time you take out your subscription. We may modify the price of any subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

At the end of each subscription period, your subscription will automatically renew for another subscription period of the same length (i.e.monthly or annually). Upon renewal, we will charge the current subscription price using the same card or other payment method that you previously used. You will not have the right to cancel the subscription within the active subscription period, but may cancel the auto-renewal at any time.

How to cancel

If you subscribed to our app through our website then you can cancel the auto-renewal of your subscription by logging into the My Account page (created when you completed your initial subscription, e.g. WooCommerce, Stripe, etc.). Once logged in, navigate to your subscriptions and manage the auto-renewal for our app. The cancellation will be effective from your next due payment date.

If you took out a subscription somewhere other than the website, (e.g. through Apple of Google’s appstore) then you should contact the relevant party from whom you purchased the subscription and any cancellation will be in accordance with that third party’s terms. Usually this is achieved by logging into your Appstore account, navigating to your subscriptions and managing your subscription by selecting our app.

Accessing our app

We may update our app and may change the content at any time. We will make reasonable efforts to keep the service available, but there may be times when it is unavailable, for example due to technical issues.

From time to time updates to the app may be issued through an appstore. Depending on the update, you may not be able to use the services until you have downloaded or streamed the latest version of the app. In some cases, use of the updated service may require you to accept new terms and conditions. If you do not accept the updated terms, then you may reject them. In such circumstance (if you are within a pre-existing subscription period) you may write to us at support@amisports.app to request a pro rata refund of your subscription.

We have the right to suspend your use of the app if, so long as in our opinion, you have failed to comply with: (a) any of the provisions of these terms of use; or (b) we are legally obliged to do so; or (c) to protect another user.

Acceptable Use Policy

When using our app or services, you must comply with the provisions below (the Acceptable Use Policy).

You must:

  • not use the email system to annoy others;
  • not disclose your user identification, password or other security measures to any third party;
  • not use the app or any services in in a way that is: (a) inconsistent with these terms; or (b) unlawful, fraudulent or malicious;
  • not hack or inserting malicious code (including viruses, or harmful data) into the app, any services, or any operating system;
  • not hack another user’s data, or use another user’s data without the user’s consent;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the app or any services;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the app or any services;
  • not use the app or any services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not collect or harvest any information or data from any services or our systems or attempt to decipher any transmissions to or from the servers running any services.

Intellectual property rights

We don’t give you any rights except, a licence to use the app for using the app services to monitor your personal data that you insert into the app. For the avoidance of doubt, the app is not sold to or owned by you. We only supply the app and services for domestic and private use. You must not to use the app and services for any commercial, business or resale purposes. Our rights as the owner or licensee of all intellectual property in the app, services or material published on it are reserved.

Reliance on information posted

Commentary and other materials posted or linked to through our app or reports (including, without limitation, our education blog) are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials, or by anyone who may be informed of any of its contents. You will need to make your own independent judgement regarding your ability to follow or rely on the information provided or linked to.

Our liability

The material displayed or linked to on our appor reports is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our university, affiliates, employees, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our app or in connection with the use, inability to use, or results of the use of our app or services, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time;
    • any data usage, roaming or other charges you incur when accessing the internet through your mobile or other device; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Linking to our app download page

You may link to our download page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Links from our app

Where our app or services contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, do not endorse their content or their privacy policies, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You will need to make your own independent judgement regarding your interaction with any third party websites, including the purchase and use of any products or services accessible through them.

Third party T&Cs

The following third party code is governed by the corresponding third party T&Cs:

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from or related to your use of our app or services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations and termination

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our app.

We may terminate your use of the app immediately by written notice to you:

  • if you commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
  • if you breach any provisions of theAcceptable Use Policy.

On termination for any reason:

  • all rights granted to you under these terms shall cease;
  • you must immediately cease all activities authorised by these terms, including your use of any services; and
  • you must immediately delete or remove the app from all devices, and immediately destroy all copies of the app and related documents then in your possession, custody or control.

Your concerns

If you have any concerns about material which appears on our app, please contact info@amisports.app