1. About us

1.1 We are Match Play, a trading name of Air Creative Marketing Ltd, a company registered in England and Wales with company number 5064838, and whose registered office is at: The Annexe, Old School, Strawberry Lane, Up Somborne, Stockbridge, Hampshire, England, SO20 6QY.

1.2 Match Play is an online application (App) for members of private UK golf clubs. Using an algorithm, the app matches golfers who wish to play at each other's course. They are then able to message each other to arrange a game and review both the course and host.

1.3 If you have any questions about the App, please contact us by sending an email to info@match-play.co.uk

2. About our terms

2.1 These Terms and Conditions (Terms) explain how you may use the Match Play site / app and any of its content. These Terms apply between Match Play (we, us or our) and you, the person accessing or using Match Play (you, your or user).

2.2 You should read these Terms carefully before signing up to Match Play. To confirm that you have done so please accept the terms when prompted to do so during the signing up process. Acceptance of the Terms forms a legally binding agreement between you and us.

2.3 By registering with us and using and accessing the App, you agree to be bound by these Terms and Conditions (the Terms) in their entirety. If you do not agree to these Terms you may not use the App.

2.4 These Terms should be read in conjunction with our Privacy Policy.

2.5 We reserve the right to update or modify these Terms from time to time. Notice of any material change will be posted on this page with an updated effective date. We will also notify you of a change to the Terms via email, however, you are responsible for regularly checking this page for any changes.

3. Using Match Play

3.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of Match Play.

3.2 We try to make Match Play as accessible as possible. If you have any difficulties using Match Play, please contact us using the contact details at the top of this page.

3.3 As a condition of your use of Match Play, you agree to comply with these Terms, available on Match Play, and agree not to:

• misuse or attack Match Play by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
• attempt to gain unauthorised access to Match Play, the server on which Match Play is stored or any server, computer or database connected to Match Play.

4. Eligibility to register

4.1 You are not authorised to register with Match Play or use Match Play unless all of the following are true, and you hereby represent and warrant that:

• You are at least 18 years of age;
• You are capable of entering into a legally binding agreement to use Match Play;
• You are not prohibited from law or otherwise from using Match Play or our services;
• You will comply with these Terms and all applicable laws and regulations;
• You do not have more than one account on Match Play (please see our Acceptable Use Rules below);
• You have not previously been removed from Match Play by us (unless you have our written permission to create a new account);

5. Subscription Charges

5.1 Subscription charges allow you to choose more clubs you would like to play at. This gives you a greater chance of a match, although Match Play does not guarantee a match. As the network grows, your chances of matching with someone who also wants to play your course will increase.

5.2 Charges are monthly and may be cancelled or changed by use of the Subscription panel within Match Play.

5.3 Deletion of a user account will automatically cancel the subscription.

6. Green Fees

6.1 Green Fees shown on Match Play are indicators only and should not be relied upon. Green fees commonly change, depending on the time of year or the time of day you are playing. Match Play cannot therefore guarantee that the figures shown are accurate.

6.2 The app is based on matched members introducing each other at their home club, signing them in at guest rates. Each club will have its own rules for this and Match Play takes no responsibility for any misunderstanding or financial loss a registered user experiences after matching with another member.

6.3 Financial transactions between two matched members is not authorised by Match Play and Match Play will take no responsibility for any payments agreed between two registered Match Play users.

7. Registration and password security

7.1 To use Match Play and benefit from its features you must register on Match Play and create a user account. To register a user account, you will be asked to provide your name, date of birth, gender, mobile number, email address and a password.

7.2 You will use your username and password to make future logins to the Match Play.

7.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.

7.4 We are not obliged to permit anyone to register with Match Play and we may refuse, terminate or suspend registration to anyone at any time in accordance with clause 10.

7.5 If we have reason to believe there is likely to be a breach of security or misuse of Match Play through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

7.6 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available on Match Play.

8. Profile

8.1 Upon registration in accordance with clause 5, each user must create a personal profile on Match Play.

8.2 Your profile will include your name, a picture(s) and may include additional information, such as your:

• Home club (including picture)
• Your location
• Your telephone number
• Your email address
• Your handicap
• Your golfing story

8.3 You will be asked to select 10 courses you would like to play at. This is on the basis that we will then introduce you to your 'matches' - people at that course who have expressed an interest in playing at your course. Once you have a match both users will be able to use the direct messaging feature to send messages and arrange to play.

9. Infringing content

9.1 We prohibit any content that is:

• Abusive, inappropriate, threatening or encourages discriminatory behaviour;
• Defamatory or untrue;
• Pornographic, violent or contains nudity;
• Infringes upon any third party's rights (including, without limitation, intellectual property rights and privacy rights); or
• Contains viruses or spyware or other malware designed to interrupt or damage any software.

9.2 We will use reasonable efforts to:

• delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
• identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights.

9.3 If you believe that any content which is distributed or published by Match Play is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

9.4 The uploading or sharing of content that violates any of the above terms (Infringing Content) may result in the immediate suspension or termination of your account.

9.5 You understand and accept that we do not conduct criminal background checks on users of Match Play or otherwise inquire into the background of our members and we make no representations or warranties as to the conduct or integrity of our users.

10. Your Messages

10.1 You confirm that all messages you send whilst using Match Play will meet our Rules Acceptable Use referred to below at clause 11 and we reserve the right to reject, refuse or delete any messages from Match Play if it breaks our Rules of Acceptable Use.

10.2 We may continue to store any messages removed under clause 8.1 to comply with certain legal obligations. To the extent permitted by applicable law, we shall have no liability for any loss or amendment of user Content.

10.3 Our right to use your messages does not in any way affect your privacy rights under our Privacy Policy.

11. Rules of Acceptable Use

11.1 The following rules apply to your use of the Match Play:

• You must not use any other person's personal information when registering with Match Play or purport to be any other person;
• You must be an active member of the club you include in your profile as your home club.
• You must not allow any other person to use Match Play under your name;
• You must not create more than one profile on Match Play;
• You must not give any false or misleading information either upon registration, or when messaging matched users;
• You must not upload or share any Infringing Content;
• You must not use Match Play to send hate messages to us or other users;
• You must not engage in any illegal or unlawful activity;
• You must not solicit money from another user, whether as a gift, loan, or form of compensation;
• You must not encourage, promote, or agree to engage in any activity that violates these Terms;
• You must not create a new account after we suspend or terminate your account, unless you receive our express permission;
• You must not share any other users personal data;
• You must not use Match Play if we have banned or removed you from it;
• You must ensure your contact details are correct and up to date; and
• You must not do or cause to be done anything that will modify, intercept or hack Match Play.

11.2 Failure to abide by any of our Rules of Acceptable Use will result in a breach of these Terms and may result in us:

• Taking legal action against you to stop you from committing a repeated breach and to reimburse us of all costs (including legal and administrative) resulting from your breach;
• Suspending your access to Match Play in accordance with clause 10;
• Sending you a warning; or
• Removing and banning you from Match Play.

12. Account Suspension

12.1 We may prevent or suspend your access to Match Play if you do not comply with these Terms or any applicable law.

12.2 We will notify you by email where we decide to suspend your account. Once your account has been suspended you will not be able to log in or access Match Play until we have reactivated your access.

13. Your privacy and personal information

13.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at Match Play, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

14. Ownership, use and intellectual property rights

14.1 The intellectual property rights in Match Play and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from Match Play are owned entirely by us.

14.2 We reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

14.3 Nothing in these Terms grants you any legal rights in Match Play other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on Match Play (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within Match Play.

15. Submitting information to Match Play

15.1 While we try to make sure that Match Play is secure, we do not actively monitor or check whether information supplied to us through Match Play is confidential, commercially sensitive or valuable.

15.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through Match Play will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

16. Accuracy of information and availability of Match Play

16.1 We try to make sure that Match Play is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that Match Play will be fit or suitable for any purpose. Any reliance that you may place on the information on Match Play is at your own risk.

16.2 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other webapps that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using Match Play.

16.3 While we try to make sure that Match Play is available for your use, we do not promise that Match Play will be available at all times or that your use of Match Play will be uninterrupted.

17. Hyperlinks and third party apps

17.1 Match Play may contain hyperlinks to third party websites other than Match Play. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third-party website and is at your own risk.

18. Our responsibility to you

18.1 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By 'foreseeable' we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did.

19. We may transfer this Agreement to someone else

19.1 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 contract.

20. Limitation of liability

20.1 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

20.2 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control. If you report misconduct of another user or another user does not comply with section 9, we may provide assistance to you however you accept that you are solely responsible for any and all resulting direct and indirect losses of such breach and we will under no circumstances be held responsible for any damages or losses suffered by you.

20.3 We will not be held responsible for:

• actions or omissions of users;
• loss or harm caused by viruses, worms or other programmes designed to impair the app; any content uploaded by you or other users; or
• any amendment to content uploaded by you or other users.

20.4 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

21. No text or data mining, or web scraping

21.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Match Play or any services provided via, or in relation to Match Play. This includes using (or permitting, authorising or attempting the use of):

21.2 Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of Match Play or any data, content, information or services accessed via the same.

21.3 Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

21.4 The provisions in this clause should be treated as an express reservation of our rights in this regard.

21.5 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

22. Events beyond our control

22.1 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

23. No third-party rights

23.1 No one other than us or you has any right to enforce any of these Terms.

24. Variation

24.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 24.

24.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on Match Play and by continuing to use and access Match Play following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

25. Complaints

25.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

25.2 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

25.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

26. Ending use of Match Play

26.1 You may at any time end your use of Match Play. If you wish for your account to be deactivated or deleted, please delete your account at the bottom of the 'edit profile' page.

26.2 Any request made under 26.1 must come from the account holder.

26.3 If at any time after you have registered with Match Play you decide you no longer agree to these Terms, you must immediately stop using Match Play.

26.4 If your account is terminated for any reason, these Terms continue and remain enforceable between you and us. Your information will be maintained and deleted in accordance with our Privacy Policy.

27. Deletion of Data

27.1 Upon deactivation or deletion your profile will stop being visible to other users. After your account is deleted, we will delete your personal information.