The Motocaddy Performance Plan is a subscription-based cellular connectivity service compatible with selected Motocaddy products (“Performance Plan”). The Performance Plan provides additional software functionality to compatible Motocaddy products (“Device(s)”) including (but not limited to) access to more detailed GPS course mapping; additional scoring and statistic tracking; and connectivity with mobile data networks (where available), providing real-time firmware and golf course mapping updates for the user.
THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply the Performance Plan subscription to you, whether as an initial trial or as a pre-paid subscription following completion of the trial.
1.2 Why you should read them. Please read these terms carefully before you subscribe to the Performance Plan subscription. These terms tell you who we are, how we will provide the Performance Plan subscription to you, how you and we may end the subscription, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are subscribing to our services as an individual for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are? We are Motocaddy Limited a company registered in England and Wales. Our company registration number is 05181858 and our registered office is at Units 16 Stansted Distribution Centre, Great Hallingbury, Bishops Stortford, Hertfordshire, CM22 7DG. Our registered VAT number is GB 843823125. Our UK customers should use the above contact details.
2.2 How to contact us. You can contact us by telephoning our Customer Service team at +44 (0)1279 712370 or by writing to us at our address set out at 2.1 above.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your subscription.
2.4 Definitions. The following terms shall have the meanings attributed to them:
“Performance Plan subscription” means the cellular connectivity-based subscription services made available by Motocaddy Limited through the Device as described in the introduction to these terms and conditions.
“Trial” means a free trial subscription per Device for the period of six (6) calendar months (applicable to Motocaddy M5 GPS or M5 GPS DHC models) or twelve (12) calendar months (applicable to Motocaddy M-TECH GPS models) only from the first day of connecting the Device to the Performance Plan subscription, which you sign up to during the registration process.
“Full Subscription” means the paid-up Performance Plan subscription on a renewable twelve (12) calendar month term at the then-current rate advertised by Motocaddy, which you sign up to following completion of the Trial, by accepting these terms and conditions and placing a tick in the box at the end and setting up a payment in accordance with clause 7. “Writing” means any communication that is in writing or written and which includes emails.
3 YOUR SUBSCRIPTION
3.1 Your subscription. Your Performance Plan subscription will be confirmed when you have accepted these terms and conditions during the registration process and are given access to the Performance Plan subscription, at which point a contract will come into existence between you and us for either (i) your Trial; or (ii) your Full Subscription.
3.2 Territory. The Performance Plan subscription is provided for use with a Device in the territory in which it was originally sold. We make no guarantee or representation that the Performance Plan subscription will work if the Device is used in a different territory as the cellular technology may not support it and we expressly exclude all liability in relation to all claims relating to the functionality of the cellular technology when it is used outside of the territory in which the Motocaddy was originally sold.
4 PERFORMANCE PLAN SUBSCRIPTION
4.1 Trial and Full Subscriptions. At the end of the Trial, you will be offered the Full Subscription on an annual fixed fee basis. If you do not accept the Full Subscription or if you fail to renew the Full Subscription annually, the Performance Plan subscription features will not renew and will cease to be available to you. The functionality of the Device will revert to its “Standard” product features and the additional Performance Plan functionality will no longer be available from your device until the paid subscription has been renewed.
4.2 Performance Plan subscription. You may be required to download the Motocaddy GPS app to a compatible smartphone (free of charge) to utilise all the features of the Performance Plan subscription. You should check the compatibility of your device operating system before accepting the terms and conditions, unless you plan to utilise the Performance Plan with these features disabled.
4.3 Changes to Performance Plan subscription. We may make such changes to the Performance Plan subscription as required (i) to reflect changes in relevant laws and regulatory requirements; and (ii) to make improvements to the services or to implement minor technical adjustments and improvements, for example to address a security threat.
4.4 Duration of Performance Plan subscription. We will provide the Performance Plan subscription free of charge during the Trial. The Full Subscription is made available for twelve (12) months when payment is made in accordance with clause 7 and until the Performance Plan subscription ends or we end the Performance Plan subscription by written notice to you.
4.5 We are not responsible for interruptions to the Performance Plan subscription that are outside our control. We make no guarantee that mobile (cellular) data networks will be available in your location or that a mobile data signal will be of sufficient quality to provide connectivity to you. The strength and speed of local data networks may vary, and local weather conditions may affect software performance and functionality. We accept no liability for any interruption in the connectivity or the performance of the Performance Plan subscription where it is interrupted or impeded by an event or networks that are outside our control.
4.6 Reasons we may suspend service of the Performance Plan subscription to you. We may have to suspend the subscription to (i) deal with technical problems or make minor technical changes; or (ii) update the subscription service to reflect changes in relevant laws and regulatory requirements; or (iii) make changes to the subscription service.
4.7 Your rights if we suspend the Performance Plan subscription. We will contact you in advance in writing to tell you we will be suspending your Performance Plan subscription. If we have to suspend the service for longer than sixty (60) days of the Trial, your Trial will be extended by an additional period equal to the suspension. If we have to suspend the service for longer than two weeks during the term of your Full Subscription, we will adjust the price so that you do not pay for the Performance Plan subscription service while the service is suspended.
4.8 Termination of Performance Plan. If you do not pay us for the Full Subscription when payment is due, your Performance Plan subscription will not renew. We will contact you in writing to tell you that the Performance Plan subscription will terminate unless you renew and pay for the Full Subscription.
5 YOUR RIGHT TO END THE SUBSCRIPTION
5.1 How to end your Performance Plan subscription. Your rights when you end the Performance Plan subscription will depend on whether it is the Trial or the Full Subscription, whether the service was faulty or interrupted, how we are performing when you decide to end the Performance Plan subscription and whether you are a consumer or business customer.
5.2 If you are a consumer and have just changed your mind about the Full Subscription, you may be able to get a refund if you are within the fourteen (14) day cooling-off period, but this may be subject to deductions for the period of any Full Subscription received.
5.3 Ending the Trial or the Full Subscription because of something we have done or are going to do. If you end the Performance Plan subscription for one of the reasons set out below, it will end immediately, and we will refund you in full for any fees paid for the Full Subscription where services have not been provided. The reasons are (i) we have told you about an upcoming change to the Performance Plan subscription service or these terms which you do not agree to; or (ii) we have told you about an error or change in the price or description of the Performance Plan subscription you have subscribed to and you do not wish to proceed; or (iii) there is a risk that supply of the Performance Plan subscription may be significantly delayed or interrupted because of events outside our control; or (iv) we have suspended supply of the Performance Plan subscription for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than sixty (60) days; or (v) you have a legal right to end the Performance Plan subscription for our breach of terms or a failure by us to provide the services.
5.4 Ending the Performance Plan subscription where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the Performance Plan subscription. If you want to end the Trial, you can notify us in Writing and your Performance Plan subscription will end as soon as practicable for us to terminate the service. If you want to end the Full Subscription, please notify us in Writing, to our postal or email address. Please provide your name, home address, your phone number and email address and your Device ID number. The Performance Plan subscription will not end until one (1) calendar month after the day on which you contact us in Writing to notify us that you wish to terminate your Full Subscription (“Termination Date”). We will only charge you for supplying the Performance Plan subscription up to the Termination Date (taking into account the one (1) month termination) and will refund any sums you have paid in advance for the supply of the Performance Plan subscription after the Termination Date.
6 OUR RIGHT TO END THE PERFORMANCE PLAN SUBSCRIPTION
6.1 We may end the Performance Plan subscription. We may end the Full Subscription at any time by notice in writing to you if you do not renew the Performance Plan on the day it is due for renewal.
6.2 We may withdraw the Performance Plan subscription. We may write to you to let you know that we are going to stop providing the Trial and/or the Full Subscription of the Performance Plan subscription. We will let you know at least thirty (30) days in advance of our stopping the supply of the Performance Plan subscription in this way and will refund any sums you have paid in advance for unused period of the Performance Plan subscription.
7 PRICE AND PAYMENT
7.1 Where to find the price for the Full Subscription. The price of the Full Subscription will be the price indicated on the website and/or Motocaddy GPS app on the Device when you applied for the Performance Plan subscription. We take all reasonable care to ensure that the price of the Full Subscription advised to you is correct.
7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your subscription date and the date we supply the subscription service, we will adjust the rate of VAT that you pay, unless you have already paid for the subscription service in full before the change in the rate of VAT takes effect.
7.3 When you must pay and how you must pay. We accept payment by credit or debit cards. For Full Subscription, you must pay the annual subscription fee in full in advance. Time of payment is of the essence in this subscription contract.
8 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
8.1 Nothing in these terms shall limit or exclude our liability for:
8.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or contractors (as applicable);
8.1.2 fraud or fraudulent misrepresentation;
8.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
8.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
8.3 Subject to clause 9.1:
8.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
8.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £50 (fifty pounds sterling).
9 HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our privacy policy at www.motocaddy.com/privacy.
10 OTHER IMPORTANT TERMS
10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the subscription.
10.2 You need our consent to transfer your rights to someone. Your licence to use the Performance Plan is personal and non-transferable and you may only transfer access to the Performance Plan to another person if we (at our sole discretion) agree to this in advance, in writing.
10.3 Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 If a court finds part of this subscription illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the subscription services, we can still require you to make the payment at a later date.
10.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the subscription services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the subscription services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the subscription services in either the Northern Irish or the English courts.
10.7 Which laws apply to this subscription and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a subscription between us or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
