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PLEASE READ THESE LICENCE TERMS CAREFULLY
IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO ACCESS THE APP.
Who we are and what this agreement does:
We, Lesson Pro Limited, a company registered in England and Wales (Company Number 12712126) of Cedar Court, 221 Hagley Road, Halesowen, West Midlands, United Kingdom B63 1ED license you to use:
- the Lesson Pro v1.0 mobile application software, the data supplied with the software, and any updates or supplements to it (the “App”);
- the related online documentation (the “Documentation”); and
- where you subscribe to our service, the service you connect to via the App and the content we provide to you through it (the “Service”), as permitted in these terms.
Your Privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in www.lessonpro.co.uk/privacy and it is important that you read that information.
App Store and Google Play terms also apply
The ways in which you can use the App and Documentation may also be controlled by the App Store and Google Play Store rules and policies, their respective terms and policies can be seen by following the relevant link below:
App Store Terms
Google Play Terms
Operating system requirements
This app requires a smartphone device with a minimum of 5mb of memory.
Support for the App and how to tell us about problems
Support
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.lessonpro.co.uk
Contacting Us (including with complaints).
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at info@lessonpro.co.uk or write to them at Lesson Pro Ltd, Forward House, 17 High Street, Henley In Arden, B95 5AA
How we will communicate with you.
If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on:
Golf Professional Only
In return for your agreeing to comply with these terms [including paying the monthly Subscription Fee] you may:
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
How you may use the App, including how many devices you may use it on:
Golf Student Only
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto a single mobile or tablet device and view, use and display the App and the Service on such device [for your personal purposes only];
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
Price and payment
Where to find the price for your subscription.
The subscription fee (which includes VAT) is the monthly fee payable by you to us for access to the Services on the App, as set out on the account section of the App (“Subscription Fee”). We take all reasonable care to ensure that the price of the subscription advised to you is correct.
We will pass on changes in the rate of VAT.
If the rate of VAT changes at any time during your subscription, we will adjust the rate of VAT that you pay.
When you must pay and how you must pay.
We do not accept payment ourselves but use a third party payment provider named Stripe (www.stripe.com). You must pay for your subscription to the Services monthly in advance and we will provide you with an invoice for such Services. You must pay each invoice within the time specified by Stripe and subject to Stripe’s payment terms (available at [https://stripe.com/gb/privacy]). We will continue to invoice you monthly for the Subscription Fee until your subscription to the Services is ended in accordance with these terms.
What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know.
You must be 18 to accept these terms and buy a subscription
You must be 18 or over to accept these terms and obtain a subscription to the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least thirty (30) days’ notice of any change by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Processing of Personal Data (Golf Professional’s Only)
Where you are using our App or Services to process personal data of individual students, including by messaging those students, you will be the controller of that personal data and will comply with all applicable data protection laws including, without limitation, the version of the General Data Protection Regulation applicable in the UK, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 (as amended).
In particular, you will not contact any individual for marketing purposes unless you have their consent and will provide all required notices and information to those students before processing their personal data. You will only use their personal data for the purpose of providing information about their lessons, lesson bookings, suitable offers, cancellations and any other in App related notifications.
Licence Restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
You must:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us or are licensed to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you (Golf Student Only)
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses (Golf Students Only)
[The App is for domestic and private use.] If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services.
The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control.
If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your subscription with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and the Services if you break these terms or fail to pay the Subscription Fee
We may end your rights to use the App and Services (as applicable) at any time by contacting you if you have broken these terms in a serious way including your failure to pay the Subscription Fee. If what you have done can be put right we will give you a reasonable opportunity to do so.
If you do not pay us for your subscription when you are supposed to, we may suspend your subscription to the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your subscription to the Services. You will not be able to access the Services for the duration of any suspension. We will not charge you for your subscription during the period for which it is suspended.
If we end your rights to use the App and Services (as applicable):
- you must stop all activities authorised by these terms, including your use of the App and any Services (as applicable);
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Your rights to end your subscription
You can always end your subscription with us.
You can end your subscription at any time on 24 hours’ notice. If you want to end your subscription, just contact us as set out in these terms to let us know. Your subscription will end 24 hours after you have contacted us although note that subscription fees already paid will not be refunded. For example, if you tell us you want to end your subscription on 4 February we will continue to supply the Services until 5 February. Any sums you have paid in advance for the supply of the Services are non-refundable.
Ending your subscription because of something we have done or are going to do (Golf Students Only)
If you are ending your subscription for a reason set out below the subscription will end immediately and we will refund you in full for any Services which you have paid for and which have not been provided. The reasons are:
- we have told you about an upcoming change to the subscription or these terms which you do not agree to;
- we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
- you have a legal right to end your subscription because of something we have done wrong.
Exercising your right to change your mind (Golf Students Only)
You have fourteen (14) days after the day you signed up for your subscription to change your mind.
When your refund will be made.
We will make any refunds due to you as soon as possible.
How to end your subscription with us
Tell us you want to end your subscription. To end your subscription with us, please let us know by doing one of the following:
- email. email us at info@lessonpro.co.uk. Please provide your name, home address, your membership number and, where available, your phone number and email address;
- in the App. Complete the ‘cancel subscription’ form in the App; or
- by post. Print off the model cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of your subscription, when you ordered it and your name and address.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@lessonpro.co.uk.
We may transfer this agreement to someone else
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 your subscription.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce them later
Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these terms and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland (Golf Students Only) you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Lesson Pro App Terms. V2 – 12.10.2021