Terms of Service

Last updated February 1, 2022

To make these Terms easier to read, the Site and our services are collectively called the “Services.” These Terms of Use are a legally binding agreement between individual subscribed to, accessing, and/or using the Services (“User” or “You” and collectively with other users, “Users”) and Offscratch (“Us”) regarding use of the Services. Please read these Terms of Service (the “Terms”) carefully because they govern User’s use of our Services.

Agreement to Terms

By using our Services, User agrees to be bound by these Terms. If User does not agree to be bound by these Terms, please do not use the Services.

Privacy Policy

Our Privacy Policy, available at https://www.offscratchgolf.com/privacy/, explains our practices regarding the collection, use and disclosure of information that we process in the course of our business, including information we receive through our Services and other online or offline offerings. The Privacy Policy is incorporated by reference into these Terms, so we encourage User to read and understand it.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we will let User know either by posting the modified Terms on the Site or through other communications. It is important that User reviews the Terms whenever we modify them because if User continues to use the Services after we have posted modified Terms on the Site, User is indicating to us that User agrees to be bound by the modified Terms. If User does not agree to be bound by the modified Terms, then User may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

User may use the Services only if User is not barred from using the Services under applicable law. 

Electronic communications

By using the Site and/or the Services provided on or through the Site, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of the User relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

Registration and Your Information

If User wants to access certain features of the Services, User will have to create an account (“Account”). User can do this via the Site. It is important that User provide us with accurate, complete and up-to-date information for User Account and User agrees to update such information, as needed, to keep it accurate, complete and current. If User does not, we may have to suspend or terminate User Account. User agrees to not disclose User Account password to anyone, and User will notify us immediately of any unauthorised use of User Account. User is responsible for all activities that occur under User Account, whether or not User knows about them.

Coaching & Fitness services

Through the Site, You will receive trainings and/or fitness coaching sessions through video streaming. Access to the training programmes are purchased through the Site and allow You access through your account.
If You have any issues with any Training, please let Us know through Your User Account. The site and services do not provide professional medical services or advice

The site offers health and fitness information and the services and all the materials provided on this site are for informational purposes only. You should only participate if fitness activities through the site if you are in good health. Consult your physician before beginning a new fitness program. This is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced pain or discomfort while exercising. If you experience pain or discomfort while participating in fitness activities through the site, you should stop immediately and seek medical attention. You should not rely on the information provided through the services or on the site as a substitute for, nor does it replace, professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site or heard through the services. The use of the information provided through the service and on the site is solely at your own risk and not medical or healthcare advice. This site is provided “as is” and “with all faults” and the entire risk as to the quality and performance of this site is with you.

This Site and all information provided through the Services do not constitute the practice of any medical, nursing, counselling, psychiatry, psychology, or other professional health care advice, diagnosis or treatment. The Materials and all information provided through the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We do not represent or warrant that any particular service, workout, product, test or procedure is safe, appropriate or effective for You.

If You think You may have a medical emergency, call Your doctor or 999 immediately. We do not recommend or endorse any specific tests, health care providers, products, services, workouts, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Materials or any information provided by Us, Our employees, others appearing on the Site at Our invitation, or other third parties on the Site is solely at Your own risk.

Using the Services

Via the Services, Users can select from a variety of programmes to improve their golf and golf fitness using the paid functionality of the Services.

User understands and agrees that the Services, Products and any other information User learns from Offscratch are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of User health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. User understands and agrees that User is solely responsible for User’s use of the Services and Offscratch are not responsible for any injury or medical issue resulting from the Services provided.

Purchases

Fees

Offscratch offers Package (“Package”) for purchase. A description of features associated with Packages is available via the Services. When User purchases a Package, we may ask User to supply additional information relevant to User’s Transaction, such as User’s credit card number, the expiration date of User’s credit card and User’s address(es) for billing and delivery (such information, “Payment Information”). User represents and warrants that User has the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by User for a Transaction through the Services will be presented to User before User places any order. If User chooses to initiate a Transaction via the Services, User authorises us to provide User Payment Information to third party service providers so we can complete User’s Transaction and agrees (a) to pay the applicable fees and any taxes; (b) that Offscratch may charge User’s credit card or third party payment processing account, including, but not limited to, User’s account with the app store or distribution platform (like the Apple App Store, Google Play, our web site or the Amazon Appstore, Slack App Store, Teams App Store or Zoom App Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that User’s App Provider, bank or other financial service provider may levy on User as well as any taxes or fees that may apply to User’s order.

User will receive a confirmation email after we confirm the payment for User’s order. User’s order is not binding on Offscratch until accepted and confirmed by Offscratch. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If User has any concerns or objections regarding charges, User agrees to raise them with us first and User agrees not to cancel or reject any credit card or third-party payment processing charges unless User has made a reasonable attempt at resolving the matter directly with Offscratch.

Offscratch reserves the right to not process or to cancel User’s order in certain circumstances, for example, if User’s credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Offscratch deems appropriate in its sole discretion. Offscratch also reserves the right, in its sole discretion, to take steps to verify User’s identity in connection with User’s order. User may need to provide additional information to verify User’s identity before completing User’s Transaction (such information is included within the definition of Payment Information). Offscratch will either not charge User or refund the charges for orders that we do not process or cancel.

Changes to Price Terms for Packages

Offscratch reserves the right to change its pricing terms for Subscriptions at any time and Offscratch may not notify User in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Package renewals after such changed pricing terms have been communicated to User.

Future Functionality

User agrees that purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Offscratch regarding future functionality or features.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). Users can submit Feedback by emailing us at info@offscratchgolf.com User grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that User owns or controls to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

Content Ownership

Offscratch and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. User acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. User agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights Granted by Offscratch

Subject to User’s compliance with these Terms, Offscratch grants User a limited, non-exclusive, non-transferable, non-sublicensable license to, view, the Content solely in connection with User’s permitted use of the Services and solely for User’s personal and non-commercial purposes.

Unauthorised activities

• We authorise Your use of this Site only for Permitted Purposes (as set forth below). Any other use of this Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorised use of this Site. This is because as between You and Us, all rights in this Site remain Our property.
• Unauthorised use of this Site may result in violation of various United Kingdom and international copyright laws. Unless You have written permission from Us stating otherwise, You are not authorised to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
• For any public or commercial purpose which includes use of this Site on another site or through a networked computer environment;
• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site;
• In a manner that violates any local, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• To interfere with or disrupt this Site or servers or networks connected to this Site;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or
• Attempt to gain unauthorised access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.

User also agrees not to do any of the following:

• Post, upload, publish, submit, transmit or otherwise make available any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Use, display, mirror or frame the Services, or any individual element within the Services, Offscratch’s name, any Offscratch logo or other proprietary information, or the layout and design of any page or form contained on a page, without Offscratch’s express written consent;
• Access, tamper with, or use non-public areas of the Services, Offscratch ‘s computer systems, or the technical delivery systems of Offscratch’s providers;
• Attempt to probe, scan, or test the vulnerability of any Offscratch system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Offscratch or any of Offscratch’s providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Offscratch or other generally available third-party web browsers;
• Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
• Use any meta tags or other hidden text or metadata utilising a Offscratch logo URL or product name without Offscratch’s express written consent;
• Use the Services for any commercial purpose or the benefit of any third party or in any manner not expressly permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or behaviour to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Termination

We may terminate User’s access to and use of the Services, at our sole discretion, at any time and without notice to User. User may cancel User’s Account at any time by sending an email to us at info@offscratchgolf.com.

Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.