Access to and use of the application (hereinafter, "APP") are subject to the Terms and Conditions of Use described below (hereinafter, the "T&Cs").
You should read these Terms and Conditions of Use carefully.
The Data Protection Officer (DPO) is the person who supervises enforcement of PGA Catalunya Resort SA's data protection policy and ensures adequate processing of the personal data and protection of data subjects' rights. This person's duties include attending to any question, suggestion, complaint or claim made by the people whose data are processed. The Data Protection Officer can be contacted by writing to PGA Golf de Catalunya SA, Ctra. Nacional II, km 701, 17445 Caldes de Malavella, or to the e-mail address email@example.com.
Non-acceptance of these T&Cs entails losing the right to use the APP, and, therefore, the possibility of enjoying the services provided through it (hereinafter, "SERVICES").
1. INFORMATION ABOUT CAMIRAL GOLF & WELLNESS
Camiral Golf & Wellness is a Spanish company specialised in the provision of golf club services and is the owner of the APP.
In compliance with the requirements of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company's identifying data are the following:
- The company's Fiscal Identification Code:
- Registered address: Carretera Nacional II, Km. 701, 17445 Caldes de Malavella.
- Registration data: Girona Companies Registry, Volume 1512, Folio 184, Sheet GI-25107
- E-mail address for contacts: firstname.lastname@example.org.
“User" is any person who accesses and uses the APP. By doing so, the person accepts and acknowledges the T&Cs, and becomes an App User (hereinafter, "USER"). Users are the owners of the personal data being processed.
"Account" refers to the virtual space within the APP through which Camiral Golf & Wellness provides the SERVICES to USERS who have previously validated their identity correctly as active members of Camiral Golf & Wellness.
3. DESCRIPTION AND OPERATION OF THE APP
3.1. Purpose of the solution
On one hand, the APP allows USERS to interact with Camiral Golf & Wellness in different ways, enabling multiple use cases.
On the other hand, the APP allows Camiral Golf & Wellness to optimise its operations, get to know its customers better and offer a better and more secure experience to USERS.
3.2. Main cases of use
There are multiple possible uses associated with the APP and the different SERVICES that Camiral Golf & Wellness provides through it. Some examples include but are not limited to the following:
- Receive timely information about all manner of issues, news and promotions, as well as information of general interest.
- Access other Camiral Golf & Wellness systems outside the APP without having to identify oneself.
- Make, change and cancel bookings.
- Receive real-time information about bookings.
- View the details of different events and tournaments.
- Register for an event and subsequently manage the registration.
- Receive timely information about times and classifications in tournaments.
- View any type of reference information.
- Connect with other friends, interact with them and receive information about their activities.
- Access any manner of additional services (e.g., play HCP calculator).
- Access the personal digital identification card as a member.
- Make payment for different services and products that are offered.
- Use the app to get balls to practice on the driving range.
- Use the app to access different Camiral Golf & Wellness facilities.
Whether or not USERS can enjoy these use cases depends largely on the modules activated by Camiral Golf & Wellness at any given time and the use made of the solution by Camiral Golf & Wellness.
3.3. Account activation
In order to become a USER, you must be an active member of Camiral Golf & Wellness, that is, you must have an active membership (ROP - "Rights Of Play"), and activate an account and keep it activated at all times.
This will require validating your identity and membership, which currently requires:
- Identification with a specific, confidential identifier, which Camiral Golf & Wellness will provide in advance, or with a valid booking locator.
- Verification with a valid mobile phone number by entering an activation code sent by SMS or also provided by Camiral Golf & Wellness.
In this respect, you should note that Camiral Golf & Wellness is under no obligation to provide an identifier by the mere fact of being a member.
It is also possible to activate the CLUB account on different mobile devices, in which case it will be necessary to complete the similar activation process that may be implemented at any given time.
Once the account is activated, no additional username or password is required to use the APP. However, additional verification or re-verification mechanisms may be enabled at any time to ensure legitimate use of the APP.
3.4. Personal information
The APP captures multiple personal data through different mechanisms, and uses them to build a profile of each USER with the fundamental objective of personalising the different SERVICES provided and offering a better experience to the USERS.
The CLUB processes these personal data for the purpose of providing the different SERVICES to its USERS.
3.5. Parties involved in the APP
As USER, you declare that you know and accept that given the idiosyncrasy of the APP's operation, apart from Camiral Golf & Wellness (as the main provider of the SERVICES and owner of the APP), external partners and providers are required for proper functioning of the APP, including but not limited to those listed below:
- The technology provider responsible for the APP's development and maintenance. And also the different technology providers, and specifically their respective solutions and services, which it uses to enable proper operation of the APP for functions such as sending the SMS with the activation key, sending notifications, the online registration service for events, providing value-added services, payment processing, etc.
- The provider of Camiral Golf & Wellness' management systems, and specifically those management systems with which the APP is integrated in order to offer USERS information regarding their profile, bookings and participation in events and the possibility of carrying out different transactions through the APP.
- The different telecommunications operators.
- The different developers of mobile operating systems.
- The different manufacturers of mobile devices.
In addition, in order to obtain, install, update, access, use, or continue accessing the APP, the USER may be required to use certain third-party services such as those provided by the USER's mobile operator. The use of third-party services may be subject to additional fees and terms and conditions of use, and the USER agrees that Camiral Golf & Wellness is not responsible for said third parties' activities, when these services process personal data for their own purposes.
3.6. Obtaining the APP through digital stores
If the APP was obtained through any digital store, the USER and Camiral Golf & Wellness acknowledge and accept that:
- This document is concluded between the USER and Camiral Golf & Wellness only, and not with the digital stores.
- Digital stores are under no obligation to provide maintenance and support services in connection with the APP.
- Camiral Golf & Wellness, and not the digital stores, will be responsible for dealing with claims and complaints from the USER or any third party in relation to the APP, including:
- Liability claims for the SERVICES offered.
- Any claim in the event that the APP fails to comply with any applicable legal or regulatory requirement.
- Claims related to consumer protection or similar legislation.
- Claims by third parties relating to the infringement of intellectual property rights in relation to the APP or its possession or use.
The digital stores and/or their subsidiaries will be third-party beneficiaries of these T&Cs and will be entitled to enforce them as a third-party beneficiary.
The USER may obtain the APP from Google Play and Apple Store. Obtaining the APP through digital stores does not entail any cost.
Some of the SERVICES provided may require activation of the device's geolocation functions. If necessary, the APP will inform the USER of this requirement so that the USER will have the possibility of accepting or rejecting the feature at the appropriate time.
The USER acknowledges and accepts that the APP and/or the SERVICES provided may show Camiral Golf & Wellness or third-party advertisements.
3.9. Deleting the account
USERS may delete their account through the option enabled for this purpose within the APP at any given time. They may also exercise this right by contacting Camiral Golf & Wellness directly.
Should any USER delete their account on all their devices, they will lose USER status as from that moment.
The account will not be deleted automatically if the USER simply uninstalls the APP from their mobile device.
Camiral Golf & Wellness also reserves the right to delete the USER's account at its discretion and at any time, and particularly if the account has not been accessed and the APP has not been used by the USER during the twelve months following the date of the last access recorded for the account in question.
If membership status ("ROP") becomes inactive or membership is transferred to another user, the USER may be removed/disabled and their access to the APP restricted or removed. As a necessary condition for using the APP, USERS must be up to date in their membership (in accordance with the conditions and considerations set forth in the "ROP" purchase agreement).
4. APP LICENSE AND DURATION
This APP grants the USER a non-exclusive, limited, non-transferable and revocable license to use it, and the USER must use it exclusively for personal, non-commercial and non-third-party entertainment purposes. The CLUB reserves all rights not expressly granted in the SERVICES or in its T&Cs.
The license granted to the USER is granted in perpetuity. However, Camiral Golf & Wellness may terminate this license at any time at its discretion.
Without prejudice to the foregoing, this license will be terminated under the following circumstances:
- Non-compliance by the USER of any of the present T&Cs contained in this document.
- Attempted destruction of the APP or detection of malware or any threat of a similar nature.
- At the USER's own request by uninstalling the APP from their device.
Termination pursuant to this clause will not affect any rights or remedies to which Camiral Golf & Wellness is entitled under applicable law.
Furthermore, this license does not limit any right that Camiral Golf & Wellness may have hereunder to modify the APP by means of an update, in particular removing any of the APP's features, or modifying or ceasing to offer the SERVICES or any part thereof.
5. WARRANTIES AND SUPPORT
5.1. General warranty against incidents
The USER accepts that it is not possible to guarantee that the APP and the SERVICES arising are error-free; and the existence of such errors does not constitute a breach of these T&Cs.
Likewise, as USER, you declare that you know and accept that, given the multitude of agents involved in providing the SERVICES (as described previously in this document) and factors beyond its control, Camiral Golf & Wellness will not be liable for any serious or minor incident caused by or derived directly or indirectly from acts or omissions by any of its external partners or providers affecting the APP's proper functioning and/or from the occurrence of external factors beyond Camiral Golf & Wellness' control, except for those incidents caused by or derived directly or indirectly from acts or omissions by any of Camiral Golf & Wellness' data processors and which could have affected personal data, as provided in the legislation in force at any given time on such matters.
Some examples of the different factors beyond Camiral Golf & Wellness' control that may affect the APP and/or the USERS, and for which Camiral Golf & Wellness will not be liable, include but are not limited to the following:
- Launch by third parties of a new operating system for mobile devices that affects the APP's operation.
- Problems and/or new developments with certain mobile devices, and in particular with those devices that are less popular among the USER base and/or are supplied by manufacturers of questionable quality.
- Incidents associated with the service provider responsible for sending the SMS with the key to activate any account.
- Specific problems that may cause the SMS sent by Camiral Golf & Wellness and containing the activation key and/or any notification, automatic or otherwise, to be received late or not received at all.
- Incidents associated with the provider of the infrastructure used by the APP to provide the SERVICES.
- Problems arising from the mobile telephone operator, such as connectivity problems, since the APP requires Internet connectivity to function.
- Incidents that do not originate from the APP itself and/or from any of Camiral Golf & Wellness' providers and partners.
- Causes of force majeure such as natural disaster, impossibility to use Camiral Golf & Wellness' facilities, illness or death of key Camiral Golf & Wellness personnel or of its external partners and providers, outage or fluctuations in the communication network, outage or fluctuations in the power supply and, in general, any external element beyond the control of Camiral Golf & Wellness that prevents it from complying with its legal and/or contractual obligations.
Except as expressly provided otherwise in these T&Cs, and to the extent permitted by applicable law, Camiral Golf & Wellness will not be liable to the USER for any loss, including special, indirect or consequential damage (such as loss of earnings), or claim arising from non-compliance with these T&Cs or as a result of the faulty provision of the SERVICES.
Camiral Golf & Wellness does not guarantee the availability, continuity or infallibility of the APP's operation and consequently excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or continuity or failure of the APP and SERVICES and their content.
5.2. Warranty concerning the information provided
Uploading images to the APP, and their content, is the sole responsibility of the uploading parties. In particular, Camiral Golf & Wellness is not liable, under any circumstances, for the images published by other third parties and those shared by USERS with Camiral Golf & Wellness or with other USERS, and likewise excludes any liability for damages of any nature that may be caused.
Camiral Golf & Wellness may make links available to USERS in order to facilitate access to third-party information, services and other content available on the Internet. The links enabled in the APP may take the USER to other websites managed by third parties, over which Camiral Golf & Wellness has no control. Camiral Golf & Wellness is not responsible for the content of the websites that can be accessed by the USER through these links, and declares that under no circumstances will it examine or exercise any type of control over other websites' content. The existence of links does not presuppose any kind of relationship between Camiral Golf & Wellness and the owner of the linked website, and Camiral Golf & Wellness does not guarantee the technical availability, accuracy, veracity, validity or legality of the sites not owned by it that can be accessed via the links.
5.3. Obligations of Camiral Golf & Wellness
Notwithstanding this, and given that Camiral Golf & Wellness highly values the quality of the APP and the SERVICES provided through it, Camiral Golf & Wellness has defined a series of specific obligations whose main purpose is to securely offer an excellent service to USERS. To this end, Camiral Golf & Wellness undertakes to:
- Ensure the integrity and confidentiality of the customer identifier used by USERS to activate each account, in other words, the identifier is treated in such a way that only the USER in question and those parties involved in the process know the identifier.
- Make its best efforts to ensure that the information provided and communicated to USERS through the APP is truthful and free of any material or formal errors (including spelling and formatting errors) and that the information provided will be up to date at all times.
- Make its best efforts to carry out any communication in the preferred language selected at any given time by the USER among the options enabled by Camiral Golf & Wellness.
- Make its best efforts to ensure that under no circumstances will mass or segmented notifications of a sexual nature or that incite violence be sent, nor any that contain foul or inappropriate language, and/or exceed the volumes and frequencies considered reasonable.
- Not edit any field of the USER's file without the USER's express prior consent. This prior consent will not be necessary when the purpose of modifying any of the profile fields is to correct an existing error.
- Make its best efforts to (i) ensure that the APP in general, and the different enabled modules in particular are correctly set at all times and (ii) make good use of the APP's different functions and features with the aim of avoiding abnormal operation of the APP that could affect USERS' experience.
5.4. Technical support
In accordance with these T&Cs, Camiral Golf & Wellness will be required to offer and/or publish from the digital store the new extensions or versions, and other services related to use of the APP or provision of the SERVICES. In any case, it is the USER's responsibility to update the APP using the functionalities provided by Camiral Golf & Wellness through the digital store.
In the event that Camiral Golf & Wellness deactivates the APP, the USER will be informed by means of an electronic notification.
USERS requiring any type of assistance may contact Camiral Golf & Wellness at any time through the channels enabled at any given time in the APP and/or by contacting Camiral Golf & Wellness' facilities.
In addition, at its choice, Camiral Golf & Wellness may make different tools and materials available to USERS to facilitate such technical support, and will inform them of such availability as the occasion arises.
6. THE USERS' OBLIGATIONS
USERS accept responsibility for using the APP correctly. This responsibility will include:
- The truthfulness and lawfulness of the information provided by the USERS on the forms made available by Camiral Golf & Wellness for accessing and personalising certain content or SERVICES offered.
- Any use of the SERVICES, information and data offered in the APP in a manner contrary to these T&Cs, the Law, morality, good manners or public order, or in any other manner that may harm the rights of third parties or of the USERS themselves.
- Also, access to the APP and/or the SERVICES, or parts thereof, may require connecting the device to the Internet or require other third-party services. In this case, the USER must comply with the terms of the corresponding third party when using its services. In particular, the USER is responsible for ensuring that installation and use of the APP does not exceed data usage quotas or other limitations that may apply to the USER's Internet service or other services purchased from third parties.
In addition, USERS agree that they may not:
- Use or encourage use of any manner of deceit, modifications, exploits or other unauthorised means that would interfere with or give rise to an unfair advantage in the use of the APP and/or its SERVICES;
- Attempt to disrupt the APP's normal functioning, or that of any other infrastructure operated by Camiral Golf & Wellness;
- Attempt to gain unauthorised access to the APP;
- Make any automated use of the APP;
- Impersonate another person when using the APP;
- Use the APP to break or attempt to break applicable laws.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
7.1. Rights with respect to the APP and its content
Access to the APP does not grant the USER any right or ownership with respect to the APP's Industrial and Intellectual Property rights, corporate elements, and elements contained therein (by way of example, texts, images, logos, distinctive signs, sounds, animations, videos, source code and other content). All rights of use and exploitation of the APP and its contents are reserved.
Consequently, they will be works protected as Intellectual Property under the Spanish legal system and will be subject to the Spanish and EU regulations in this field, and also to the international treaties on the matter that have been ratified by Spain.
Any transmission, distribution, reproduction or storage of the stored contents and of the APP, in whole or in part, that is carried out for profit or commercial purposes is expressly prohibited, except with the express prior consent of the holder of the rights.
The USER agrees to indemnify Camiral Golf & Wellness for all liabilities, costs, losses, claims and expenses that Camiral Golf & Wellness may incur with a third party as a result of a breach of any of the provisions of these T&Cs.
For the purposes of preserving possible Industrial and Intellectual Property rights, should any USER or third party consider that there has been a violation of their legitimate rights as a result of the inclusion of certain content in the APP, they must notify this circumstance to Camiral Golf & Wellness, by email to the address email@example.com, stating:
- The personal data of the specific holder of the rights that have been allegedly violated. If the claim is lodged by a third party who is not the holder, said third party must indicate the representative status under which it acts.
- The content protected by Industrial or Intellectual Property rights, and its location in the APP.
- Proof of the above-stated Industrial or Intellectual Property rights.
- An express declaration in which the holder of the rights accepts liability for the veracity of the information provided in the notification.
The legitimacy of the Industrial or Intellectual Property rights corresponding to the content provided by third parties is the exclusive responsibility of said third parties.
7.2. Considerations with respect to the Camiral Golf & Wellness brand
As USER, you declare that you know and accept that the trade name "Camiral Golf & Wellness" and the icon that precedes it is the brand name under which Camiral Golf & Wellness currently operates the APP, and that it is duly registered.
To this end, as USER, you declare that you know and accept Camiral Golf & Wellness' entitlement to change the brand under which the APP is exploited, without any requirement to notify or justify such change.
The USER may only use Camiral Golf & Wellness' different brand assets in accordance with the brand guidelines specified by Camiral Golf & Wellness at any given time.
Camiral Golf & Wellness declares that it has implemented all the necessary measures to prevent any harm to USERS that may arise from use of the APP. Consequently, Camiral Golf & Wellness does not accept liability, under any circumstance, for any possible harm that the USER may suffer as a result of using the APP.
In addition, Camiral Golf & Wellness undertakes to implement the security measures that are required under applicable legislation and adopt, as far as possible, any additional measures of a technical, administrative, informative or organisational nature that may be necessary to meet the legal requirements on personal data protection and, in particular, to guarantee such data's security and integrity and their protection against tampering, loss, unauthorised processing or access.
Camiral Golf & Wellness reserves the right to modify, revise or replace these T&Cs whenever it considers it necessary. And the USER will be duly informed of this through the APP and also through other channels as Camiral Golf & Wellness deems appropriate.
Your continued use of the APP or the SERVICES after such notice constitutes your agreement to be bound by the terms and conditions of use of this modified, revised or replaced document, and confirmation that you understand and accept it.
Non-acceptance of the modifications entails losing the right to use the APP, and consequently, you should cease to use it.
For its part, Camiral Golf & Wellness may not assign, novate or transfer any of its rights or obligations hereunder at its sole discretion, and without prior notice.
10. APPLICABLE LAW AND JURISDICTION
These T&Cs will be governed by the legislation currently in force in Spain. Waiving any other jurisdiction that they may be entitled to, the parties submit, at their choice, to the Courts of Law of the domicile of Camiral Golf & Wellness for settling the conflicts and actions that may be exercised and that arise from provision of the SERVICES and the content, and from the interpretation, application, observance or non-observance of the provisions contained herein.
If any provision hereof should be declared invalid, in any jurisdiction, such ruling by the appropriate jurisdiction will apply so as to render the provision declared invalid without effect within the scope of the prohibition, invalidity or unenforceability, without invalidating the remaining provisions hereof or affecting the provision's validity or enforceability in any other jurisdiction.