Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of the KaddieIQ website, including kaddieiq.com and pages, content and services operated through or linked from it where these Terms are displayed (“Website”).

The Website is operated by:

KaddieIQ Limited
Company number: 17096125
Registered in England and Wales
Registered office: 167–169 Great Portland Street, 5th Floor, London W1W 5PF, United Kingdom
Email: privacy@kaddieiq.com

In these Terms:

• “KaddieIQ”, “we”, “us” and “our” mean KaddieIQ Limited;
• “Website” means the KaddieIQ website and its associated webpages;
• “Services” means products, applications or services provided by KaddieIQ; and
• “you” and “your” mean the person accessing or using the Website.

By using the Website, you agree to these Terms.

If you do not agree to these Terms, you should stop using the Website.

Nothing in these Terms excludes or restricts rights that cannot lawfully be excluded or restricted.

1. ABOUT THE WEBSITE#

The Website provides information about KaddieIQ Limited, its products, technology, services, brands and activities.

This may include information about products and services including:

• KaddieIQ®;
• ShotIQ®;
• KaddieIQ BallFIT®;
• BallFIT®;
• KaddieIQ golf applications and services; and
• related KaddieIQ technology and services.

The Website may also provide links to applications, demonstrations, promotional material, contact facilities and other KaddieIQ resources.

2. SEPARATE PRODUCT AND APP TERMS#

Some KaddieIQ products and services are subject to their own additional terms.

For example, a KaddieIQ application may have:

• separate Terms of Use;
• subscription terms;
• App Store terms;
• specific privacy information;
• safety information; or
• product-specific disclaimers.

Where product-specific terms apply, those terms govern your use of that particular product or service.

These general Website Terms do not replace product-specific terms.

3. INFORMATION ON THE WEBSITE#

We take reasonable care when preparing Website content.

However, Website information is provided for general information and may change.

We do not guarantee that every item of Website content will always be:

• complete;
• current;
• error-free; or
• suitable for a particular purpose.

Product functionality, availability, pricing, specifications and development plans may change.

Where a product purchase or subscription is offered, the information presented during the applicable purchasing process will govern that transaction.

4. GOLF INFORMATION#

Content relating to golf, golf equipment, golf courses, weather, distance information, ball fitting or golf performance is provided for informational purposes.

It does not replace:

• your own judgement;
• professional coaching;
• golf-course instructions;
• applicable Rules of Golf;
• Local Rules;
• competition conditions; or
• appropriate safety decisions.

Descriptions of KaddieIQ applications on the Website do not guarantee that all features are available in every product version, device, course, territory or competition.

5. WEATHER AND SAFETY INFORMATION#

Where the Website describes or displays weather-related functionality, such information should not be treated as an emergency-warning or life-safety service.

Weather forecasts may be inaccurate or change rapidly.

Users should follow official weather information, golf-course warnings, course staff instructions and emergency-service guidance.

Nothing on the Website should be used as the sole basis for deciding whether weather conditions are safe.

6. NO PROFESSIONAL ADVICE#

Unless expressly stated otherwise, Website content does not constitute:

• legal advice;
• financial advice;
• tax advice;
• medical advice;
• investment advice; or
• other regulated professional advice.

You should obtain appropriate professional advice where required.

7. WEBSITE AVAILABILITY#

We aim to keep the Website available and operating correctly.

However, we do not guarantee uninterrupted availability.

We may suspend, withdraw, modify or restrict all or part of the Website where reasonably necessary, including for:

• maintenance;
• upgrades;
• security;
• technical problems;
• changes to our products or business;
• changes to suppliers; or
• legal or regulatory reasons.

We will take reasonable steps to minimise significant disruption where appropriate.

8. ACCEPTABLE USE#

You must use the Website lawfully.

You must not:

• attempt to gain unauthorised access to the Website, its servers or connected systems;
• interfere with Website security;
• introduce viruses, malware or other harmful code;
• deliberately overload or disrupt the Website;
• scrape or systematically extract Website content or data without permission except where law expressly permits;
• attempt to bypass access or security controls;
• impersonate KaddieIQ or another person;
• use the Website to commit fraud or another unlawful act;
• reproduce protected Website content in breach of intellectual-property rights; or
• use the Website in a manner that infringes the rights of another person.

9. LINKS TO THIRD-PARTY WEBSITES#

The Website may contain links to websites or services operated by third parties.

Links are provided for convenience or information.

Unless expressly stated otherwise, a link does not mean that KaddieIQ:

• controls the third-party service;
• endorses it;
• guarantees its content; or
• accepts responsibility for its operation.

Third-party websites operate under their own terms and privacy arrangements.

10. LINKS TO THE KADDIEIQ WEBSITE#

You may link to publicly available pages of the Website in a fair and lawful manner.

You must not create a link that:

• falsely suggests association, approval or endorsement by KaddieIQ;
• misrepresents your relationship with KaddieIQ;
• damages or exploits KaddieIQ's reputation;
• embeds our Website in a misleading manner; or
• uses our trade marks in a way that implies sponsorship or authorisation that does not exist.

We may request removal of a link that breaches these Terms.

11. INTELLECTUAL PROPERTY#

Unless otherwise stated, intellectual-property rights in the Website and its contents are owned by or licensed to KaddieIQ Limited.

This includes rights in:

• software;
• text;
• graphics;
• photographs;
• illustrations;
• icons;
• interfaces;
• designs;
• databases;
• videos;
• animations;
• documents;
• branding;
• product names;
• logos; and
• other original material.

You may view and use publicly available Website content for your own personal and lawful purposes.

You must not reproduce, commercially exploit, modify, distribute or republish substantial Website content without permission unless applicable law expressly permits it.

12. TRADE MARKS#

KaddieIQ names, brands, product names, logos and device marks may be protected by registered trade marks, unregistered trade mark rights and the law of passing off.

The Website's principal KaddieIQ trade marks include:

• K-Logo®
• KaddieIQ®
• ShotIQ®
• KaddieIQ BallFIT®
• BallFIT®

Further provisions relating to these marks appear in the KaddieIQ Trade Mark Statement.

Nothing in these Terms grants you a licence or right to use a KaddieIQ trade mark except with prior written permission or where use is otherwise permitted by law.

13. USER COMMUNICATIONS#

If you contact KaddieIQ through the Website or by email, you must not knowingly provide:

• unlawful material;
• malicious code;
• defamatory material;
• material that infringes another person's intellectual-property rights; or
• information you have no right to disclose.

Personal information contained in communications is handled in accordance with our Privacy Statement.

14. PROMOTIONAL OFFERS#

KaddieIQ may advertise promotions, trials, discounts, founder offers or similar offers.

Where an offer has specific eligibility requirements, limitations, dates or conditions, those conditions will be made reasonably available with the offer.

An offer may be limited by:

• time;
• availability;
• territory;
• eligibility;
• product;
• number of participants; or
• other clearly stated criteria.

KaddieIQ may close an offer to new participants in accordance with its stated conditions.

15. PRODUCT AVAILABILITY#

Reference to a product or service on the Website does not necessarily mean that it is:

• currently available;
• available in every territory;
• available on every device;
• commercially released; or
• available on the same terms in every market.

Alpha, Beta, development, preview and demonstration products may change before commercial release.

16. WEBSITE SECURITY#

We take reasonable measures intended to protect the Website.

You must not attempt to test, probe or circumvent Website security without express authorisation.

You are responsible for protecting your own device, browser, account credentials and communications.

No internet service can be guaranteed to be completely secure.

17. OUR RESPONSIBILITY#

We do not exclude or limit liability where doing so would be unlawful.

In particular, nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence where liability cannot legally be excluded;
• fraud or fraudulent misrepresentation;
• deliberate wrongdoing where liability cannot lawfully be excluded;
• mandatory consumer rights; or
• any other liability that the law does not permit us to exclude.

Subject to those rights, we are not responsible for losses caused solely by matters outside our reasonable control.

The Website is primarily intended to provide information about KaddieIQ and its services.

We are not normally responsible for business losses suffered by consumers arising from personal use of the Website, including loss of:

• profit;
• revenue;
• business;
• contracts; or
• commercial opportunity.

18. CHANGES TO THESE TERMS#

We may update these Terms where reasonably necessary, including because of:

• changes to the Website;
• changes to KaddieIQ products or services;
• legal or regulatory developments;
• security requirements; or
• changes to our business or suppliers.

The current version will be published on the Website with an updated date.

Changes will not retrospectively remove rights that you have already acquired under a separate contract.

19. PRIVACY#

Our handling of personal information is explained in the KaddieIQ Website Privacy Statement.

Where the Website uses cookies or similar storage and access technologies, information about those technologies and any applicable choices will be provided through the Website's privacy or cookie controls.

20. GOVERNING LAW#

These Terms are governed by the law of England and Wales.

If you are a consumer living in Scotland or Northern Ireland, this does not remove any mandatory consumer protections available to you under the law applying where you live.

If you live in England or Wales, proceedings may be brought in the courts of England and Wales.

If you live in Scotland, you may bring proceedings in the Scottish courts.

If you live in Northern Ireland, you may bring proceedings in the courts of Northern Ireland.

21. GENERAL#

If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

If we delay enforcing a provision, that does not mean that we have permanently waived our right to enforce it.

Nothing in these Terms creates a partnership, agency or employment relationship between you and KaddieIQ.

22. CONTACT#

For enquiries concerning the Website or these Terms:

KaddieIQ Limited
Company number: 17096125
Registered office:
167–169 Great Portland Street
5th Floor
London
W1W 5PF
United Kingdom

Email: privacy@kaddieiq.com

© KaddieIQ Limited. All rights reserved.