Updated November 1th, 2023
This Terms and Conditions of Service (hereinafter referred to as the “Agreement”) consititute a legally binding agreement made between you, whether personally or on behalf of an entity
(collectively or individual “user” or “you” or “your”) and Minh United Technology, Inc. and its affiliates to
(collectively or individually “MUT” or “company” or “we” or “us”), concerning your access to and use the EasyGolf Website (
https://easygolf.net) and the Mobile EasyGolf Application. The EasyGolf Website and the Mobile EasyGolf Application are collectively referred to as
“Products/Services or EasyGolf”.
Let’s read and review this Terms and Conditions carefully. By clicking on “Register Now” at EasyGolf Registration Screen or by accessing or using EasyGolf, you acknowledge that you have read and understood terms of this Agreement and you have agreed and consented to this Terms and Conditions. If you do not agree to this Terms and Conditions, you may not access or use EasyGolf. This Terms and Conditions shall include MUT’s Privacy Policy, which is incorporated by reference in this Terms and Conditions.
1. General Principles:
1.1.
By accessing and downloading the EasyGolf application, you confirm that you have fully understood the provisions of this Agreement and fully agreed with each part and all of the terms and conditions set forth in this Agreement, as well as any related modifications and accept that use of Products/Services will be governed by this Agreement.
1.2.
By accessing, downloading, and using EasyGolf, you acknowledge and agree that you have consented to the methods, requirements, and/or policies set forth in this Agreement and you hereby agree for MUT to collect, use, disclose and/or process your personal data as described in this Agreement.
1.3.
MUT grants you permission to use Products/Services subject to all restrictions set out in these Terms. Use of Products/Services is at your risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.
1.4.
Company provides Products/Services to you, and Products/Services may be interrupted, suspended, unsecured, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any problems regarding Products/Services availability.
1.5.
MUT has the right to change the contents of this Agreement or any feature of EasyGolf at any time. Changes will take effect immediately after MUT announces of the change to this Agreement or feature at EasyGolf.
1.6.
MUT has the right to upgrade, modify, suspend or terminate or delete a part or all of EasyGolf in accordance with the provisions of laws.
1.7.
You agree that MUT has the right to conduct the following rights at any time: (i) transfer the right of possession of all or part of EasyGolf to a third party in any manner in accordance with regulations of laws; (ii) assign or transfer MUT's rights and obligations under this Agreement to any third party.
1.8.
You agree to periodically review this Agreement to ensure that you have been updated for any changes or modifications of this Agreement. That you continue using the Product/Service shall be deemed to agree to the changes or modifications of this Agreement.
2. Compliance:
By using EasyGolf, you represent and warrant that:
2.1.
You are 13 years of age or older and you have the legal capacity, acknowledge and agree to comply with this Terms and Conditions.
2.2.
Your use of EasyGolf does not violate any applicable law, rule or regulation.
2.3.
You will not use EasyGolf for any illegal or unauthorized purpose.
2.4.
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
2.5.
You are fully responsible for all of your uses and access to EasyGolf.
If you provide information that is untrue, inaccurate, incomplete, or we suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of EasyGolf (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you.
3. Registeration and Termination Terms:
3.1.
Register to use Products/Services:
To use EasyGolf, you have to register and create a EasyGolf account. All steps to create following as bellow:
Step 1: Downloading EasyGolf and register an account.
Step 2: Entering and applying Personal Record.
Step 3: Clicking on “Register Now” to consent to Privacy Policy and Terms and Conditions.
Step 4: You enter the authentication code correctly.
3.2.
Termination of using EasyGolf:
3.2.1.
Termination by MUT:
MUT reserves the right to terminate your access to EasyGolf or use of any part of Products/Services or delete your account (temporarily or permanently) in the following cases:
(i)
You breach of any terms and conditions of this Agreement (including amended, added terms and conditions).
(ii)
In accordance with your request.
(iii)
In accordance with laws.
3.2.2.
Termination by user:
In your opinion, you have the full right to stop accessing to EasyGolf or use a part of Products/Services. You may terminate to use Products/Services by one of the following ways:
(i)
Delete User’s account: Access menu Tap Account Setting Tap Edit Icon Scroll down to "Delete Account" Section Tap Delete Account.
(ii)
Delete the EasyGolf Application.
(iii)
Do not access to the EasyGolf website.
4.Privacy Policy:
You agree to and comply with MUT’s Privacy Policy.
5. User’s Responsibilities:
You are solely responsible for your conduct in connection with EasyGolf.
In addition to a user's obligations, commitments and responsibilities under this Agreement, user represent, warrant and agree that, while using EasyGolf, you shall not:
5.1.
Use EasyGolf for illegal purposes; unreasonable, fraudulent, threatening, illegal information exploration, sabotage; create and spread viruses that damage the system, configuration, otherwise transmit information of EasyGolf.
5.2.
Attempt to gain unauthorized access to or otherwise interfere or disrupt computer systems or networks connected to EasyGolf.
5.3.
Upload, advertise or otherwise transmit through EasyGolf any Prohibited Materials that means any information, graphics, images, data and/or any other materials that:
5.3.1.
contains any computer virus or invasive code, damaging code, or other harmful programs.
5.3.2.
infringes any Intellectual Property or a third-party’s any other proprietary rights.
5.3.3.
is defamatory, libelous, or threatening.
5.3.4.
is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law;
5.3.5.
is or may be construed as offensive in MUT’ opinion.
5.4.
Interfere the use of EasyGolf.
5.5.
Use or upload, in any way, any software or materials, or which you have reason to suspect that any software or materials contain viruses, corrupting elements, malicious code or other harmful components which may impair or corrupt EasyGolf’s data or damage or interfere other User’s computer or mobile device or EasyGolf.
5.6.
Use EasyGolf which is not in compliance with the permitted use policies of any connected computer networks, any applicable Internet standards and any applicable laws.
5.7.
Take any actions to discredit EasyGolf/MUT in any way.
5.8.
Any illegal action prohibited under current Laws and Regulations.
6. User Content:
6.1.
Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials, score entries, and other non-personal information concerning golf events (collectively “Contents”) submitted, posted, uploaded or sent or transmitted on or through EasyGolf in any manner will be deemed not to be confidential or secret, and may be used by MUT in any manner consistent with this Agreement.
6.2.
By submitting, uploading, posting or sending Posting Materials through, to or on EasyGolf, you:
6.2.1.
Represent and warrant that either (i) your Contents are original to you and that no other party has any rights thereto or (ii) you have the necessary licenses, rights, consents and permissions to use such Contents and use them in EasyGolf and its applicable service providers in accordance with this Agreement, and that any “moral rights” in the Contents have been waived; and
6.2.2.
You grant to MUT that can access and use EasyGolf, and their respective service providers, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works (including, without limitation, other EasyGolf Products and services), products or services in any form, media, or technology now known or later developed. MUT cannot be responsible for maintaining any Contents that you provide to MUT or on or through EasyGolf, and MUT may delete or destroy any such Contents at any time.
6.3.
MUT shall have the right (but not the obligation) to monitor and determine compliance with this Agreement and any operating rules established by MUT and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on EasyGolf.
7. Investigations:
MUT may investigate and take legal action against anyone who, in MUT’s sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, reporting to law enforcement authorities. You acknowledge, consent, and agree that MUT may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of MUT, its users or any third parties. MUT also reserves the right to remove EasyGolf from third-party platforms (some features of EasyGolf may be dependent on and/or interoperate with third party owned and/or operated platforms and services (e.g., Facebook, Twitter, Google Play, Apple, etc.), which would limit your ability to re-download EasyGolf.
8. Intellectual Property Rights:
8.1.
User acknowledges and agrees that MUT owns and retains all right, title, and interest in and to EasyGolf and any intellectual property rights contained therein, including without limitation, any and all, technology, content, software, code, user interfaces, design, documentation, graphics, images, video, music, sound trademarks and other items posted thereon or used in connection or associated with EasyGolf.
8.2.
Except as expressly granted in this Agreement, no license or right under any intellectual property rights in EasyGolf are granted or implied by this Agreement. Specifically, User shall not (a) modify, port, translate, localize or create derivative works of EasyGolf or the intellectual property contained therein; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of EasyGolf or intellectual property contained therein by any means whatsoever, or disclose any of the foregoing; or (c) sell, lease, license, sublicense, copy, market, distribute or offer as a service EasyGolf or the intellectual property contained therein. User shall not remove, obscure or alter any copyright or trademark notices or any trademarks contained in EasyGolf.
8.3.
The trademarks, logos, service marks and trade names that may be displayed on or within EasyGolf are registered and unregistered trademarks of MUT and other entities or persons (collectively, the “Trademarks”), and may not be used by User unless authorized in writing by the Trademark owner. Nothing contained in EasyGolf should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or within EasyGolf without MUT’s written permission or that of the third-party rights holder.
9. Payment:
User are free to use all features of EasyGolf. MUT has full rights to decide and issue a fee policy any time and notice to user through email or EasyGolf.
10. Limited Liability and Disclaimers:
The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using EasyGolf, users hereby agree to the following terms, and users forfeiting certain legal rights they may otherwise be entitled to you. If a user is uncertain of any of the following, it is suggested they consult a legal professional.
10.1.
Availability. Company provides Services on an "as is” and "as available” basis for Users’ use. Company does not guarantee Products/Services will be available in any location for any User, or that Products/Services will always be available at any given time. Company does not warrant Products/Services will be uninterrupted, timely, error-free, or secure. Furthermore, it does not warrant any defects will be corrected. Company does not guarantee its website or applications will be free from viruses or other harmful components.
10.2.
Security. Company makes every effort to keep its Products/Services, content, website, and application secure. Company accepts no liability for any loss, disruption, or damage incurred by users to its data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of Company. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Products/Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, Company limited liability shall extend should any Company computer, server, or software malfunction, and cause any users any of the aforementioned losses. Company has taken precautions to prevent any malfunction, however User hereby agrees to accept full liability for any loss, of any kind, should they occur.
10.3.
Software Updates. Company may make software updates to it mobile application at any given time. In order to use Products/Services, users may be obligated to download the updated version of the applications. Company may choose to make downloading the updated version of the application a required precedent to continued use of Services. However, Company makes no guarantees any subsequent version of an application will work on users mobile phone or devices. Company is expressly not liable for any loss incurred due to Users inability to use Products/Services due to the inability to use an updated version of the mobile application on their specific mobile device.
10.4.
Limited Liability. Users assume any and all risk associated with using Company’s website, application, or Products/Services. Company, its parents, subsidiaries, affiliates, owners, directors, officers, employees, licensors, distributors, subcontractors, sub-licensees, independent contractors, and agents (collectively known as the "Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or losses of any kind. These include without limitation, loss of profits, business, goodwill, use, data, or other intangible losses, whether based in contract, tort, negligence, strict liability, or otherwise, which may be incurred in connection with the use, or inability to use, Services, including interruption, inaccuracy, error, or omission.
10.5.
Disclaimer. Company expressly disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability; fitness for a particular purpose; non-infringement; warranties of title and accuracy; warranties regarding products and services offered by all businesses listed on Company’s website; and warranties in the course of dealing, performance or usage of trade.
11. Indemnification:
Users agree to indemnify, defend, and hold harmless, MUT and its its affiliates, and their respective successors and assigns, directors, officers, employees, agents, suppliers, service providers and licensors, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to: (i) Users’ use of Service, website, or applications; (ii) your breach or violations of this Agreement or Laws, regulations; or (iii) User Posted Materials.
Company reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company.
12. Third Party Websites and Products:
EasyGolf may contain links, and embedded content from, third party websites, as well as services not operated by Company. Company does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, all responsibilities and consequences, by following a link to a linked site. User acknowledges and agrees that MUT/EasyGolf has no responsibility for any information, content, advertising, products, services or other materials on any linked sites or integrated applications
Examples of sites that may be linked to EasyGolf include, but are not limited to: ability to use and share photos, video, and content posted in EasyGolf; ability to use and share photos, video, and content in social media channels including but not limited to Facebook, Instagram, YouTube, and Twitter; embedded and ability to link YouTube videos from youtube.com.
13. Contact Information:
13.1.
You agree to allow MUT and/or its affiliates to send text messages and/or call you via phone number and/or notify on EasyGolf about issues related to the updated Products/Services and events given or provided by MUT or its affiliates. You agree that notices sent via text message or call or on EasyGolf mentioned in this article shall not be limited in quantity and time and shall have full validity as MUT’s official notice to you on the condition that it fully complies with the provisions of laws.
13.2.
Any problems related to use of EasyGolf, please contact:
MINH UNITED TECHNOLOGY, INC.
20365 Chianti Ct, Yorba Linda, CA 92886
[+1] 747 299 9325
14. Dispute Resolution:
14.1.
Arbitration Agreement:
All claims and disputes arising under or relating to this Agreement and EasyGolf are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of diction.
14.2.
Jurisdiction:
These Terms and Conditions, and any dispute legal or otherwise arising from its implementation, shall be deemed to have been made in, and shall be construed pursuant to the laws of the state of California and the United States of America. If any party brings a claim, parties hereby submit and consent to the personal and exclusive jurisdiction of the state of California.
14.3.
Class Action Waiver and Other Restrictions:
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms, and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue.
15. Miscellaneous:
15.1.
The Privacy Policy is an integral part of this Agreement.
User has to comply with the Privacy Policy.
15.2.
User undertakes to comply with terms and conditions in this Agreement.
15.3.
These Terms are the complete and exclusive statement and the mutual understanding of Users and Company. These Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. Any waivers or amendments shall be effective only if made in writing and signed by an agent of the Company authorized to do so.
15.4.
Company’s failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
