UltWin Website Terms of Use
www.ultwin.com >> UltWin Website Terms of Use
Definitions and Interpretation
Terms and Conditions
Cookie Policy
Privacy Policy
Law and Jurisdiction
Changes to the Terms of Use
Definitions and Interpretation
In the terms of use, 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; and
(b) “Data” means collectively all information that you submit to www.ultwin.com. This includes, but is not limited to, account details and information submitted using any of the Services or Systems provided by nGolf Ltd; and
(c) "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); and
(d) “Service” means collectively any facilities, tools, services or information that nGolf Ltd makes available through www.ultwin.com either now or in the future; and
(e) “System” means any online communications infrastructure that nGolf Ltd makes available through the www.ultwin.com either now or in the future. This includes, but is not limited to, web-based email, message boards and email links; and
(f) “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; and
(g) “User” / “Users” means any third party that accesses www.ultwin.com and is not employed by nGolf Ltd and acting in the course of their employment.
Terms and Conditions
These terms and conditions set out the terms of use under which you may use this website, www.ultwin.com. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of www.ultwin.com. If you do not agree to comply with and be bound by these terms and conditions, you must stop using www.ultwin.com immediately.
1. Information About nGolf Ltd
1.1 This website, www.ultwin.com, is owned and operated by nGolf Ltd.
2. Access to www.ultwin.com
2.1 Access to www.ultwin.com is free of charge. No part of www.ultwin.com requires payment of any kind in order to access or use it.
2.2 It is your responsibility to make any and all arrangements necessary in order to access www.ultwin.com.
2.3 Access to www.ultwin.com is provided “as is” and on an “as available” basis. nGolf Ltd may alter, suspend or discontinue www.ultwin.com (or any part of it) at any time and without notice. nGolf Ltd will not be liable to you in any way if www.ultwin.com (or any part of it) is unavailable at any time and for any period.
3. Intellectual Property Rights
3.1 All Content included on www.ultwin.com 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.
3.2 Subject to sub-Clauses 3.3 and 3.5 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from www.ultwin.com unless given express written permission to do so by nGolf Ltd.
3.3 You may:
(a) Access, view and use www.ultwin.com in a web browser (including any web browsing capability built into other types of software or app);
(b) Download www.ultwin.com (or any part of it) for caching;
(c) Print pages from www.ultwin.com;
(d) Download extracts from pages on www.ultwin.com and save pages from www.ultwin.com for later and/or offline viewing;
(e) The status of nGolf Ltd as the owner and author of the Content on www.ultwin.com (or that of identified licensors, as appropriate) must always be acknowledged.
3.4 You may not use any Content saved or downloaded from www.ultwin.com 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 www.ultwin.com for general information purposes whether by business users or consumers.
3.5 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.
4. Links to www.ultwin.com
4.1 You may link to www.ultwin.com 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 www.ultwin.com without the express written permission of nGolf Ltd; and
(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.
4.2 Framing or embedding of the www.ultwin.com website on other websites is not permitted without the express written permission of nGolf Ltd. For further information, please contact nGolf Ltd using the following email address: info@ultwin.com.
4.3 You may not link to www.ultwin.com 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 4.3);
(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; or
(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.
5. Links to Other Sites
Links to other sites may be included on www.ultwin.com. Unless expressly stated, these sites are not under the control of nGolf Ltd. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on www.ultwin.com is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6. Disclaimer
6.1 The Content on www.ultwin.com 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 www.ultwin.com.
6.2 nGolf Ltd make no representation, warranty, or guarantee that www.ultwin.com 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.
6.3 nGolf Ltd make reasonable efforts to ensure that the Content on www.ultwin.com is complete, accurate, and up-to-date. nGolf Ltd does not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
7. Indemnities
7.1 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.
8. nGolf Ltd Liability
8.1 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) www.ultwin.com or the use of or reliance upon any Content included on www.ultwin.com.
8.2 To the fullest extent permissible by law, nGolf Ltd exclude all representations, warranties, and guarantees (whether express or implied) that may apply to www.ultwin.com or any Content included on www.ultwin.com.
8.3 If you are a commercial user, nGolf Ltd accept no liability for loss of profits, sales, download, personal, cororate, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 nGolf Ltd take all reasonable steps to ensure that www.ultwin.com 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 www.ultwin.com (including the downloading of any Content from it) or any other site referred to on www.ultwin.com.
8.5 nGolf Ltd neither assume nor accept responsibility or liability in respect of any losses arising out of a Force Majeure Event.
8.6 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.
9. Viruses, Malware and Security
9.1 nGolf Ltd take all reasonable steps to ensure that www.ultwin.com is secure and free from viruses and other malware. nGolf Ltd does not, however, guarantee that www.ultwin.com is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 8.4.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via www.ultwin.com.
9.4 You must not attempt to gain unauthorised access to any part of www.ultwin.com, the server on which www.ultwin.com is stored, or any other server, computer, or database connected to www.ultwin.com.
9.5 You must not attack www.ultwin.com by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 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 www.ultwin.com will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use www.ultwin.com 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 www.ultwin.com in any way, or for any purpose, that is unlawful or fraudulent;
(c) You must not use www.ultwin.com 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; and
(d) You must not use www.ultwin.com in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 nGolf Ltd reserve the right to suspend or terminate your access to www.ultwin.com if you materially breach the provisions of this Clause 10 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 www.ultwin.com;
(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; and/or
(e) Any other actions which nGolf Ltd deem reasonably appropriate (and lawful).
10.3 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.
11. Changes to these terms and conditions
11.1 nGolf Ltd may alter these terms and conditions at any time. Any such changes will become binding on you upon your first use of www.ultwin.com after the changes have been implemented. You are therefore advised to check this page from time to time.
11.2 In the event of any conflict between the current version of these terms and conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
12. Communications from nGolf Ltd
12.1 If nGolf Ltd has your contact details, you may be sent important notices by email from time to time. Such notices may relate to matters including, but not limited to, service changes and changes to these terms and conditions.
12.2 nGolf Ltd will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by nGolf Ltd include an unsubscribe link. If you opt out of receiving emails from nGolf Ltd at any time, it may take up to 10 business days for your new preferences to take effect.
12.3 For questions or complaints about communications from nGolf Ltd (including, but not limited to marketing emails), please contact nGolf Ltd using the following email address: info@ultwin.com.
13. Data Protection
13.1 Any and all personal information that nGolf Ltd may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998.
13.2 nGolf Ltd may use your personal information to:
(a) Reply to any communications you send to nGolf Ltd;
(b) Send you important notices, as detailed in Clause 12.
13.3 We will not pass on your personal information to any third parties.
Cookie Policy
nGolf Ltd does not have a cookie policy as cookies are not used by the www.ultwin.com website.
Privacy Policy
This policy applies as between you, the User of www.ultwin.com and nGolf Ltd, the owner and provider of www.ultwin.com. This policy applies to the use of any and all Data collected by nGolf Ltd in relation to your use of www.ultwin.com and any Services or Systems therein. No personally identifiable information is collected unless that information is provided on a voluntary basis i.e. for support requests.
1. Data Collected
1.1 Any of the following Data may be collected:
(a) Name (voluntarily submitted);
(b) Contact information such as email address (voluntarily submitted);
(c) Any other information that is voluntarily submitted;
(d) IP address (automatically collected by the web server);
(e) Web browser type and version (automatically collected by the web server);
(f) Operating system (automatically collected by the web server);
(g) A list of URLS starting with a referring site, your activity on www.ultwin.com, and the site you exit to (automatically collected by the web server);
(h) Any other information that is automatically collected by the web server.
The web server used is the Apache HTTP Server. For details of the Apache HTTP Server and how it collects information, you could start by visiting www.apache.org.
2. Use of Data by nGolf Ltd
1.1 Unless nGolf Ltd are obliged by law to do so, and subject to Clause 3, your Data will not be disclosed to third parties.
1.2 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998.
1.3 Any or all of the above Data may be required by nGolf Ltd from time to time in order to provide you with the best possible service and experience when using www.ultwin.com. Specifically, Data may be used by us for the following reasons:
(a) internal record keeping;
(b) improvement to the products / services provided by nGolf Ltd;
3. Changes of Business Ownership and Control
3.1 nGolf Ltd may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data 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, under the terms of this policy, be permitted to use the Data for the purposes for which it was supplied by you.
4. Your Right to Withhold Information
4.1 You may access www.ultwin.com without submitting any Data at all.
5. Accessing your own Data
5.1 You have the right to ask for a copy of your personal Data on payment of a small fee.
Law and Jurisdiction
These terms of use, and the relationship between you and nGolf Ltd (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, any disputes concerning these terms and conditions, the relationship between you and nGolf Ltd, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you are a business, any disputes concerning these terms and conditions, the relationship between you and nGolf Ltd, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to the Terms of Use
nGolf Ltd reserves the right to change these terms of use as may be deemed necessary from time to time or as may be required by law. Any changes will be immediately posted to www.ultwin.com and you are deemed to have accepted the terms of this policy on your first use of the www.ultwin.com following the alterations.
Please direct any questions or comments regarding these terms of use to info@ultwin.com.
