Terms and Conditions of Use (English)
Please READ carefully, by purchasing this product, you (hereinafter referred to as « Customer ») agree to the following terms and conditions.
Article 1 - Designation of the seller
The Site www.i-golf-pro.com is published by Birdie Digital LTD.
By validating the present, the customer expressly requests that the execution of the service begin before the end of the withdrawal period of 14 days in order to be able to benefit from the service immediately.
The customer will however have his right of withdrawal and an additional "satisfied or refunded" guarantee.
Article 2 - Scope
These general conditions of sale apply, without restriction or reservation to all sales concluded by the company Birdie Digital LTD to professional or private customers (hereinafter the Customer) wishing to have access to training, documents, ancillary products sold via the Site and the associated domains and subdomains (hereinafter the Service).
These T & Cs are accessible on the Site and will prevail, where applicable, over any other version or any other contradictory document.
The validation of the order by the Customer who acknowledges, by checking the box provided for this purpose, to have read and accepted them before placing an order, constitutes unreserved acceptance of these Terms and Conditions. The Customer also acknowledges that, prior to any order, he has benefited from sufficient information and advice from the Site and Birdie Digital LTD, allowing him to ensure the adequacy of the Service offer to his own needs. .
The Customer declares to be able to contract and declares, where applicable, validly representing the person for whom he is committed. The Professional Client is committed to respecting these T & Cs for all of its employees, officers and agents.
Unless proven otherwise, the data recorded by the Site constitutes proof of all the facts, acceptance and transactions.
Article 3 - Characteristics of the Service
The order specifies the Services provided in the context of the sale. Unless there is an exceptional sale, these can be found on the Site or in the summary email sent to the Customer after the sale.
The contents of the Services generally consist of:
The Customer is informed that the services may require access to other sites or platforms (partners or others), designed and managed under the responsibility of third parties. No control over the content of such sites is exercised by Birdie Digital LTD, which declines all responsibility for their content and the use made by any third party of the information contained therein. In the event of a problem or malfunction on a third-party platform necessary for the Service, Birdie Digital LTD will endeavor to provide the Service sold on a platform with similar functionality.
The products and services are offered and delivered within the limit of the quantities available, it being understood that Birdie Digital LTD may voluntarily limit the number of beneficiaries of the Services.
In the event of unavailability of the Service ordered, the seller immediately informs the buyer and can offer him a Service of equivalent quality and price or, failing this, refund the payments paid within 7 days. Apart from refunding the price of the unavailable product, the seller is not liable for any cancellation compensation.
The photographs and illustrations presenting the Service do not constitute a contractual document.
Article 4 - Access to Services
The Services are only accessible to natural persons authorized by Birdie Digital LTD who have subscribed to the Service, it being specified that the Customer cannot authorize persons other than its internal users.
Any use of the Client's access to the Services by an unauthorized person engages the Client's responsibility.
Customer access to the Services is made, for any User, according to the technical terms and schedule provided by Birdie Digital LTD The identification code (s) is / are assigned byBirdie Digital LTD to subscription to the Service.
Each identification code is personal, individual, confidential and non-transferable.
The Customer will be liable for any fraudulent or abusive use of his access codes. The Customer will promptly notify Birdie Digital LTD of the loss or theft of the access keys. In the event of a violation of the access keys, Birdie Digital LTD reserves the right to suspend the Service, without compensation, notice or prior information.
Access rights to the Service are granted for a variable period stipulated in the order depending on the package chosen - refer to the order description sheets - from the opening of the access keys to the Service.
Article 5 - Guarantees
5.1 General warranty
Birdie Digital LTD undertakes to make every effort to provide the Service during the period agreed in the order, except for possible breakdown or technical constraints related to the specifics of the Internet network or the third-party solutions used.
The Customer may benefit from the Service within the limits of reasonable use. The Customer agrees to inform Birdie Digital LTD within 24 hours of the discovery of a technical malfunction. In the event of an interruption of service by Birdie Digital LTD related to a corrective maintenance intervention, Birdie Digital LTD will make every effort to remedy the malfunction within a reasonable time. The security and integrity of communications over the Internet cannot be guaranteed.Birdie Digital LTD declines all responsibility for the consequences of technical failures on the site or in connection with the site, in particular with regard to any access difficulty.
The responsibility of Birdie Digital LTD can not be engaged in the event of non-compliance with the legislation of the country in which the products are available, which it is the Customer's responsibility to verify.
5.2 Satisfied or refunded guarantee
Birdie Digital LTD may offer a 14-day "money-back" guarantee from ordering online training. To be valid, the warranty must be specified at the time of the order. Thus, the Customer has 14 days from the day of his order to request a refund if he is not completely satisfied with the Service. Only an email to [email protected]golf-pro.com will be taken into account for refund requests.
In the context of certain Services which include coaching, the legal withdrawal period is 5 days, so that the Client can validate his commitment in conscience.
This is for example the case for the "LE CLUB VIP D'EXCELLENCE" Support Program validated by default for at least 2 months.
Once the 5-day withdrawal period has passed, the Client agrees to follow the program for at least 2 months and to participate in all individual coaching.
If ever, the Customer no longer wishes to continue, he will have to do so at the end of the 3 months, but the Customer will not recover the monthly installments or payments already paid.The customer agrees to go through with the process or to pay the full amount remaining due in the event of abandonment.
5.3 Exclusion of the satisfied or refunded guarantee
If the customer has consumed more than 55% of the training during the 14 days, Birdie Digital LTD reserves the right to refuse the refund.
5.4 Customer engagement
The customer is responsible for his personal commitment in the use of the Services, as well as his availability for its implementation.
The Client agrees to develop the mindset necessary to achieve his objectives and understands that the Services offered require both personal and professional development, so the Client has full responsibility for the decisions taken. In any case, Birdie Digital LTD can not be held responsible for the decisions or non-decisions professional or personal of the customer during the period of use of the Services, or afterwards.
The client agrees to acquire the skills necessary to evolve during the use of the Services, and thus achieve autonomy and the achievement of its objectives.
Otherwise, Birdie Digital LTD reserves the right to refuse the refund. In particular in the case where:
- The Customer has not tested the product seriously and has not implemented any of the advice or strategies taught.
- The Customer requests a refund for the sole reason that he wishes to recover the money.
- The Customer requests a refund for the sole reason that he does not have time to use the product.
- The Customer requests a refund even though he himself has interrupted his participation in the program, before the end of the educational course.
Article 6 - Pricing conditions
The services are provided at the rates in force appearing on the Site, when the order is registered by the Customer. The prices are expressed in euros, excluding taxes and increased by VAT at the rate in force.
These prices are firm and cannot be revised during their period of validity, as indicated on the day of the order. Prices may be revised during promotional offers or one-off operations.
6.2 Orders - Invoices
It is up to the Customer to select on the Site the Service (s) he wishes to order.
The sale will only be considered final after the Customer has sent confirmation of the acceptance of the order by Birdie Digital LTD by sending an email and after receipt of the full price, or partial payment in the event of a special offer.
An invoice is issued by Birdie Digital LTD within a reasonable time after the order. It is addressed to the Customer or failing that, accessible on request.
Unless there is a special offer and at the end of any possible trial period, the total purchase price of the service ordered will be charged. Payments by credit card are debited at the time of the order or at the end of the trial period.
In the event of payment by bank check, it is remitted for collection upon receipt.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Customer.
Any access will then be delivered after payment has been received and sent to the Customer by email.
In the event of non-payment or late payment by the Client, Birdie Digital LTD shall not be obligated to issue access and Birdie Digital LTD reserves the right to suspend access to the service.
In the case of a special offer, in the event of a problem with a payment in installments, the Customer will only have access to the service after the due date has been paid within a reasonable period of time. Payment for the entire training course must be paid for full access. In addition, Birdie Digital LTDreserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the Client's access.
You have the right to withdraw from these T & Cs without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day of the conclusion of the contract, and 7 days after the day of the conclusion of the contract for the VIP EXCELLENCE CLUB, which includes coaching.
To exercise the right of withdrawal, you must notify us by email at [email protected], your decision to withdraw from this contract by means of an unambiguous declaration.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you.
6.5 Methods of payment governed by the payment system
Birdie Digital LTD charges Customers for access to training through the Stripe, Paypal or Gocardless System provided by the Stripe Company, Paypal and the Gocardless Company. The Customer makes payment for the access set by the Customer at the time of the Order via their credit card payment system (Carte Bleue, Visa, MasterCard) or any other means that they will make available on their site.
By using Stripe and Paypal or Gocardless, the Customer fully accepts the general conditions accessible here: https://stripe.com, https://www.paypal.com.
Customers undertake to respond favorably to any request from the Stripe, Paypal and Gocardless Company and more generally from any competent administrative or judicial authority in relation to the prevention or fight against money laundering and, in particular, they agree to provide any proof of address or useful identity. In the absence of an immediate response to these requests, the Companies, Stripe or Paypal or Gocardless may take any appropriate measure, in particular the freezing of the sums paid and / or the suspension of the service.
Article 7 - Limitation of liability
The responsibility of Birdie Digital LTD can in no case be engaged for any technical or software failure or any cause which is foreign to it. Regardless of the type of Service, Birdie Digital LTD's liability is expressly limited to compensation for direct damage proven by the Customer. Towards professional Customers, Birdie Digital LTD's liability is capped at the amount of the price paid by the Customer for the Service ordered.
Under no circumstances can Birdie Digital LTD be held liable for indirect damages such as loss of data, file (s), operating loss, commercial damage, loss of profit, damage to the image and to reputation. Birdie Digital LTD cannot be held responsible for disputes between the Client and its own clients.
The use and use of the information provided under the Service is under your sole responsibility and at your own risk. The customer is solely responsible for the interpretations he makes of the information provided under the Services and the advice data he derives from it and the adaptations made for his own commercial activity.
Article 8 - Access to the Service
Access to the service is generally for a period of 12 months, except for the specific case of lifetime access to the service, which emanates from the lifetime of the product, which means that if you have fulfilled all your payment obligations and complied with the terms of service, you will continue to have access to the Training until it is discontinued, the website is no longer in service or the Company closes or declares bankruptcy, depending on the first possibility. A decision to discontinue will be made at the sole discretion of Birdie Digital LTD.
Updates or changes can be made to existing accounts.
While we do our utmost to provide uninterrupted and consistent service, we do not guarantee specific uptime. Service interruptions may occur from time to time due to supplier updates, outages, or service issues. Once found, we will work with our staff and suppliers to restore access as quickly as possible, but we make no guarantees as to time, speed or availability.
In the event of incapacity for work of the expert in charge of the Service within Birdie Digital LTD, due to illness or accident, Birdie Digital LTD reserves the right to modify the planned schedule without may be required by the Customer the payment of compensation. Birdie Digital LTD will notify the Client within a reasonable period of time of his incapacity and as far as possible of the duration thereof so that the Client can decide whether or not to maintain the performance of the Service. In the event of non-maintenance, the services provided will be due once they have been rendered. For Services not rendered due to incapacity, Birdie Digital LTD undertakes to make partial reimbursement on first request in a proportion proportional to their value of the Service at the time of the order.
Article 9 - Termination
9.1 Termination by the Client
The Customer can terminate the Service at any time by email to the address [email protected]
The Customer remains liable for the Service subscribed when ordering.
9.2 Termination by Birdie Digital LTD
Birdie Digital LTD reserves the right to terminate the Service immediately in the event of non-payment by the latter of one or more deadlines.
Birdie Digital LTD also reserves the right to terminate Customer Service immediately in the event of Customer's violation of the intellectual property rights of Birdie Digital LTD and any infringement of the Service.
The termination of the Service automatically entails the suspension and termination of the Services subscribed by the Customer with Birdie Digital LTD as well as the immediate payment of all sums due in respect, in principal, costs and accessories (late interest , possible bank charges).
9.3 Termination linked to changes to the GTC
The professional seller reserves the right to modify its T & Cs at any time. In the event of modification of the T & Cs , the applicable T & Cs are those in force on the date of the order, a copy of which dated to date can be given to the Customer at his request.
Birdie Digital LTD reserves the right to modify its offers at any time. Unless there are exceptional conditions, Birdie Digital LTD will not impact upward or downward price changes on Services already subscribed.
The modifications of the T & Cs are opposable to the users of the Site and to the Customers who have accepted them as from their publication.
In the event of refusal of the new T & Cs, Birdie Digital LTD is free to terminate this commitment.
Article 10 - Confidentiality policy
Birdie Digital LTD has created this privacy statement to demonstrate our firm commitment to privacy.
As described in detail below, any information we collect on this website is strictly for our use and is not shared with any other entity, public or private, for any reason - period. We will not sell or give away any listings or other data that we may retain, and we do not purchase this information from other sources.
Our servers (like most) track IP addresses and landing pages to help maintain and improve the site. This data is only considered anonymous statistics to show the busiest times of the day or week, pages with errors and the effectiveness of our advertising. This information is not used for other purposes.
With the exception of credit card information, we store information from your order form to enable us to track consultation issues or refer to a previous order to help us provide certain customer service. You may choose to have your information completely removed from this system by emailing us at [email protected] with your request. We do not keep any type of sales information.
If you wish to correct, update or delete any information about you that may appear in our records, please email us at [email protected] specifying the details of your request. If you would like to contact us, please find full contact details on our contact page.
Article 11 - Intellectual property
The content of the Site is the exclusive property of Birdie Digital LTD under the terms of the intellectual property code. Any total or partial reproduction is strictly prohibited under penalty of prosecution.
Birdie Digital LTD is the sole owner of the intellectual property rights for all the Services it offers to its Customers. To this end, all educational content and materials in whatever form (paper, electronic, digital, oral, video, etc.) used by Birdie Digital LTD to provide Services, training and ancillary services remain the property exclusive of Birdie Digital LTD. As such, they may not be the subject of any use, transformation, reproduction, exploitation not expressly authorized by Birdie Digital LTD.
In particular, the Customer is prohibited from using and exploiting the content of training courses and Services to train people other than their own staff.
In return for payment of the price of the Service, the content and information transmitted are subject to a personal, non-transferable and non-exclusive right of use for a limited period, variable duration depending on the Service or package chosen, refer to descriptive sheets for each of the Services provided for in the order.
Excluding authorized personal or commercial use of information within the framework of the Client's activity, any exploitation, reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of the contents of the Services and training, as well as the databases appearing if necessary on the site are strictly prohibited, and this whatever the process and the medium used.
In any event,Birdie Digital LTD remains the owner of its tools, methods and know-how developed previously or during the Service provided to the Customer.
Article 12 - Communication and Customer references
The Client agrees to be cited by Birdie Digital LTD as a Client of its Services. Birdie Digital LTD is thus authorized to mention the name of the Customer as well as an objective description of the nature of the Services provided, subject of the contract, in its lists of references and proposals for the attention of its prospects and its Customers, in particular on the Site, interviews with third parties, communications to its staff, internal management planning documents, annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it.
ARTICLE 13 - Applicable law and disputes
For consumer customers, all disputes to which this contract could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent Irish courts.