HandicapMaster.org

HandicapMaster Cloud & Hosted Editions Contract

Last Updated: August 2021
This is for HandicapMaster customers where the HandicapMaster database is off site in the 'Cloud' and managed by HandicapMaster Ltd.
Customers with an 'On Premises' database located at the customer premises, or at a location selected and managed by the customer view this contract.

This HandicapMaster Cloud or Hosted edition agreement forms the Contract and Terms of Service between the entity that accepts this agreement ('you') and HandicapMaster Ltd ('us', 'we'). This agreement is effective on the date we provide you with a confirmation that The Service is available for use.

Definitions.

'The Products' or 'The Product' means HandicapMaster and Player Entry software for installation on the customer computer, configured as one of the HandicapMaster 'Cloud' or 'Hosted editions'.
'The Services' or 'The Service' means running HandicapMaster software on the client PC using data stored on Microsoft's Global Network and managed by HandicapMaster Ltd.

1. Use of The Products.

a. General. This agreement governs your use of the HandicapMaster Product and Service. Minimum system requirements or other factors may affect your ability to use HandicapMaster.
b. License. We grant you a non-exclusive, non-transferable, worldwide and limited right to access and use The Service and to install and use the HandicapMaster Software for this purpose. These rights are (a) non-perpetual (subject to annual renewal) and (b) conditional on your continued compliance with the terms of this agreement, including payment for HandicapMaster. We reserve all rights not expressly granted to you in this agreement, including any rights by implication or otherwise.
c. Limitations on use. You may not reverse engineer, decompile or disassemble any Product, except where applicable law permits it despite this limitation. You may not rent, lease, lend, resell, or host to or for third parties any of The Service, except as expressly permitted for by HandicapMaster Ltd.
d. Responsibility for your IDs and accounts. You are responsible for protecting the confidentiality of any HandicapMaster user-id, or other authentication credentials associated with your use of The Service under this agreement. In addition, you are responsible for your passwords and all activity with your HandicapMaster account including that of users you provision and dealings with third parties that take place through your account or associated accounts. You must keep your accounts and passwords confidential. You must tell us right away about any possible misuse of your accounts or any security incident related to The Service.
e. Privacy HandicapMaster Limited's Privacy Policy Statement forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data according to that policy.

2. Term, suspension, and termination.

a. Agreement term and termination. This agreement will remain in effect unless you terminate it subject to the terms of this Section.
b. Termination of your account. You may terminate your account at any time during its Term. A termination will be effective immediately.

If you terminate your use of HandicapMaster within 30 days of the date on which The Service became effective or was renewed, you must pay for the initial 30 days of the period and any fees levied by handicap service providers, where applicable. No payments will be due for the remainder of the renewal period. If you terminate the agreement at any other time during the Term, you will not be entitled to any refund for that period.
c. How to terminate this agreement. You must place in writing to HandicapMaster Ltd your termination of the agreement, as defined in clause 7(a).
d. Effect of termination or expiration on HandicapMaster Software. If this agreement is terminated or expires, and you do not exercise an available renewal option, then you must delete all copies of HandicapMaster Software licensed under this agreement and destroy any associated media. We may ask you to provide written certification of the deletion and destruction.

Databases and backups thereof will be deleted from The Service within 90 days of the termination or expiration of the agreement.

You will be responsible for meeting any Governing Body requirements for retention of your members' Handicap records in the event of termination and subsequent database deletion.

3. Pricing, payments and renewals.

a. Pricing and payment. Pricing and payment terms for The Service are available from HandicapMaster Ltd. Payments are due annually.

Additional charges will be incurred in the following situations;
  1. Your use of The Product requires provision of more than one HandicapMaster database,
  2. The bandwidth consumed using The Product exceeds normal or 'reasonable' usage.
  3. Changes to underlying Service charges levied by Microsoft Corporation in respect of using Microsoft's Global Network to facilitate this Service.
b. New agreement. Before you place new Orders or renew, we may require you to enter into an updated agreement that will govern your new Orders and existing agreements from that date forward.

4. Confidentiality.

You agree that you shall treat the design and performance of the HandicapMaster cloud Service that are accessible to you only via password protected access and any documentation or materials we make available to you under this agreement as confidential and shall not disclose them to any third party except in the furtherance of the parties' business relationship with each other. Neither party shall make any public statement concerning the terms or our business relationship as provided in this agreement without the other party's prior written consent.

You agree to allow HandicapMaster Ltd to access the database for the purposes of problem investigation.

You agree that, for the purposes of problem investigation, HandicapMaster Ltd may cause HandicapMaster on your computer(s) to send log files and other diagnostic information to HandicapMaster Ltd.

5. Limitation of liability.

a. Limitation on liability. To the extent permitted by applicable law, the liability of each party, its Affiliates, and its contractors arising under this agreement is limited to direct damages up to the amount you were required to pay for The Service giving rise to that liability during the prior 12 months. This limitation applies regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. However, these monetary limitations will not apply to:
  1. liabilities arising out of any breach by either party of its obligations under the section titled 'Confidentiality', except that our and our Affiliates' and contractors' liability arising out of or in relation to Customer Data shall in all cases be limited to the amount you paid for The Service giving rise to that liability during the prior twelve months; and
  2. violation by either party of the other party's intellectual property rights.
b. EXCLUSION OF CERTAIN DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER PARTY, NOR ANY OF ITS AFFILIATES OR CONTRACTORS, WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. HOWEVER, THIS EXCLUSION DOES NOT APPLY TO EITHER PARTY'S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATIONS (EXCEPT TO THE EXTENT THAT SUCH VIOLATION RELATES TO CUSTOMER DATA) OR THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS.

6. HandicapMaster Software.

We grant you unlimited licenses for the number of copies of HandicapMaster Software may be installed on computers provided the use of the HandicapMaster is for your organisation's business only and in conjunction with this Service.

License transfers to other organisations are not permitted.

7. Miscellaneous.

a. Notices to us. You must send notices, authorisations, and requests in connection with this agreement by letter or email to the addresses listed below.

Notices should be sent to:

HandicapMaster Ltd,
15 Adlington Drive,
Sandbach,
Cheshire.
CW11 1DX
England.

E-mail: Support@HandicapMaster.org
b. Electronic notices to you. We may provide you with information about The Service in electronic form. It may be via email to the address you provide. Notice via email is given as of the transmission date. As long as you use The Service, you must have the software and hardware needed to receive these notices. You may not use The Service if you do not agree to receive these electronic notices. In addition, various service communications may be sent via email to account administrators you identify.
c. Data Security. The security of your data will be protected by the provisions of Microsoft Corporation in providing their Windows Azure Platform service, as described by Microsoft Corporation here;
https://www.microsoft.com/en-us/TrustCenter/Security/default.aspx

In addition, HandicapMaster Ltd will undertake to make backup copies of your data on a regular basis (daily), retaining these on geographically independent computers provided by Microsoft Corporation and/or HandicapMaster Ltd, for up to two weeks.
In line with the Data Protection Act 1998 and from 25 May 2018 the General Data Protection Regulation (GDPR), HandicapMaster Limited will act as a data processor for your organisation with regard to The Service. Data processors only process personal information in line with instructions from data controllers and therefore do not need to register with the Information Commissioner's Office. You may need to consider if your organisation needs to register with the Information Commissioner's Office.
d. Applicable law. This agreement is governed by the laws of England without regard to its conflict of laws principles. The Products are protected by copyright and other intellectual property rights laws.
e. Force majeure. Neither party will be liable for any failure in performance due to causes beyond either party's reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labour disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of The Service). This Section will not, however, apply to your payment obligations under this agreement.
f. GDPR use of other 'Processors'. To offer this service we make use of a number of Third Party services
  • Microsoft Corporation's Azure Service. Details of their commitments to privacy etc. are available here.
  • AuthSMTP - to send HandicapMaster diagnostics information by e-mail, details of their commitments to privacy etc. are available here.
  • SparkPost - If 'you' use the optional HandicapMaster E-mail Service. The terms of service for this service are available here, which includes details of SparkPost policies.
  • For Clubs and other affiliated organisations in England, Wales, Ireland - WHS® Platform provided by DotGolf International (when applicable)
  • For Clubs and other affiliated organisations in Scotland - WHS® Platform provided by OCS Software a trading name of ioffice Ltd (when applicable)
R&A Rules Limited and the United States Golf Association are acknowledged as the owners of the World Handicap System.
WHS is a registered trade mark in the UK and Ireland and is owned by the United States Golf Association and used under licence from it.

8. Changes to this Contract.

HandicapMaster Limited reserves the right to change this contract from time to time and post the new version to this website.
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