Terms Of Service


The purpose of these Terms of Service (T.O.S) is to present the rules for using the “DGolf” mobile application.
The “DGolf” application is published by the company Dcod:

Dcod SAS
SIRET number: 834 594 434 00013
Address: 16 Rue du flamant rose 13140 Miramas
Web: www.DGolf-app.com

By installing and / or using the “DGolf” application on your equipment, you (i.e. the user) accept without condition or reservation the entirety of these Terms Service (T.O.S). And you unconditionally agree to comply with these terms of service.

If you do not accept these Terms of Service (T.O.S) you are asked to not install or use the “DGolf” application.

Article 1: DEFINITIONS

The term “user” designates an adult or a minor (having previously obtained the authorization of his parents or of the person invested with parental authority).

The term “application” refers to the “DGolf” program which can be downloaded free of charge from the Apple App Store for compatible mobile phones.

The term “subscription” refers to the paid annual or monthly subscription which gives the user access to additional functionalities in the application.
The application is made up of “content” and “services”:

  • The terms “content” and “Content” means without this list being exhaustive, the structure of the application, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charts, the brands, the logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the application and / or any other element making up the application.
  • Services refer to the features offered in the application.

Article 2: PURPOSE OF THE APPLICATION

The application has several functions, some of which are accessible only with a “DGolf Premium” subscription:

Access to the satellite view and to geolocation on the different holes of the golf courses offered in the application, with display of the distances between the user and certain strategic points (Green, obstacles depending of the subscription).

Some golf courses offered are not yet mapped, for these the geolocation will not be available. The golf courses mapped are indicated by an orange “GPS” label in the application.

Access to useful information concerning the Golf selected according to their availability in our database.

Free features:

  • Downloadable golf
  • Multiplayer scorecard
  • Calculation of distances (with greens)
  • Calculation of distances (with the target)
  • Mapping tools

Features accessible with a “DGolf Premium” subscription:

  • Unlimited golf download
  • Access to the application on the Apple Watch
  • Multiplayer scorecard
  • Scorecard sharing
  • Calculation of distances (with greens)
  • Calculation of distances (with obstacles)
  • Calculation of distances (with target)
  • Statistics
  • Mapping tools

These functionalities lists of the “DGolf” application are not exhaustive and can be modified at any time by the company Dcod without its responsibility being engaged.

Article 3: GEOLOCATION

The use of the geolocation functionality of the application requires the express prior consent of the user to be geolocated. So that the user must activate, if they wish, the geolocation function directly in the settings of their mobile terminal and accept that the application can use it. This functionality can be deactivated or activated at any time and at no cost.
With the acceptance of the GPS geolocation function of the mobile phone and the application, the user can:

  • Be informed of its position on the different pants of the selected golf course.
  • Be informed of the distances separating it from certain strategic points (Green, obstacles depending on the user’s subscription)

Article 4: PROVISION OF THE APPLICATION

To access and use the application, the user must have:

  • A compatible mobile terminal
  • An Internet access.
  • A customer account in a virtual store with one of the suppliers of the mobile application (App Store)
  • An Apple® Iphone® mobile phone had the iOS operating system running iOS 11 or later

The application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of Dcod and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the application. Maintenance interventions can be carried out without users having been notified.

The Dcod company:

  • Can not be held responsible for the inability to access the application for any reason whatsoever
  • Can not be held responsible for any reason whatsoever, if the Internet connection must be interrupted.

Article 5: FINANCIAL CONDITIONS

The application can be downloaded for free from the “App Store” platform.

The application is offered to users excluding subscription costs from the mobile operator, connection and Internet access costs and any additional costs charged for loading data.

In-app purchase:

Some features of the application are only available to users who have an active “DGolf Premium” subscription. The subscriptions are available in the “Subscription” section accessible from the main menu of the application.

The subscription is annual or monthly, it will be renewed automatically unless it is canceled 24 hours before the end of the current period.
Subscriptions are available in the app (price and currency may vary).
When you subscribe to a DGolf Premium subscription, payments are debited directly from your iTunes account.
Any subscription taken out will be automatically renewed, unless it is canceled at least 24 hours before the end of the current period.
When you cancel a subscription, it will be available until the end of the current period and will not be renewed.
You can cancel your subscription at any time by going to your iTunes account settings.
If you purchase a subscription during a free trial period, the remaining free period will be forfeited.

Article 6: INTELLECTUAL PROPERTY OF THE APPLICATION

The entire “DGolf” application is protected by French and international laws related to intellectual property.

All reproduction and representation rights are reserved, including for downloadable documents.

All the texts, graphics, icons, photographs, plans, logos, videos, wires, brands, and more all the elements making up the “DGolf” application cannot, in accordance with articles L122-4 and L341-1 and following of the Intellectual Property Code, be the subject of any representation, reproduction, exploitation or extraction, in whole or in part, on any medium whatsoever, without the express prior consent of the company Dcod.

Failure to comply with this prohibition constituting an act of counterfeiting which may engage the civil and / or criminal liability of its author. Dcod reserves the right to take legal action against any person who has not complied with this prohibition.

None of the Terms of Service cannot be interpreted as an assignment, transfer, sale, cession, license, loan, location, operating authorization granted directly or indirectly by Dcod for the benefit of the user, on the application, its Content, and / or the Services.

Article 7: LICENSE TO USE

The Dcod company grants the user a personal right to use the application, content and services.
Non-exclusive, revocable and non-transferable right.

Use only for the needs of the user within the framework indicated in Article 2: PURPOSE OF THE APPLICATION, to the exclusion of any other purpose.

It is strictly prohibited for the user to access and / or use the application source codes and / or the software components of the application.

The user does not acquire any intellectual property rights over the application, content and / or services or any other right than those conferred by the so-called Terms of Service.

This license does not confer any user rights on the content. The user therefore refrains from reproducing, representing, adapting and / or exploiting the Content.

The user expressly agrees that the use of the application does not in any case infringe the rights of the company Dcod, and in particular that this use does not constitute an act of counterfeiting, unfair competition or parasitic of the Content.

The company Dcod can end the use of the application at any time.

When the application is no longer supported, the rights and licenses granted to the user will be terminated. The user must then stop using the application.

Article 8: OBLIGATIONS OF THE USER

The user expressly agrees:

  • To download the application on its material for strictly personal and non-commercial use, with no direct or indirect profit.
  • Not to reproduce, temporarily and / or definitively, all or part of the application, be it the content, and / or the functionalities, and those for some purposes or the mode of distribution.
  • Not to use programs or other systems which could cause disturbances of the application which would render it unusable.
  • Not to sell, rent, sublicense or distribute in any way whatsoever the application and / or the content to third parties.


Article 9: PROTECTION OF PERSONAL DATA

Any personal data that may be collected in connection with the use of the application (pre-filling of score card) will not be processed or stored outside the phone or mobile terminal used.

Likewise, the scorecard history will not be processed or stored outside the phone or mobile terminal used.

The Dcod company cannot in fact be held responsible for any loss of history that occurred during a change of mobile terminal, for example, or any other operation.

Article 10: GUARANTEE & RISKS

The “DGolf” application is provided without warranty of any kind.

  • Risks on the “content” and “services” of the application:
    • The information communicated in the “DGolf” application is provided for information only, it is non-contractual and does not engage the responsibility of Dcod. They can be modified or updated without notice. Dcod also reserves the right, at any time and without notice, to make improvements and / or modifications to the application.
    • Dcod cannot be held responsible for any omissions and / or errors that the application may contain.
    • The version of the “DGolf” application may be updated from time to time to add new content and / or new services without any prior information to the user.
  • User risks:
    • By using the application, the user assumes all the negative consequences that the application could cause.
  • As such, it is up to all users to take all appropriate measures to protect their own data and / or software stored on their and / or their equipment (telephone, computer) against any attack (malfunction, virus, hacking. List not exhaustive).
  • Dcod cannot be held responsible for:
    • Damage of any kind, direct or indirect, resulting from the use or inability to use the application and in particular any operating loss, financial or commercial loss, loss of programs and / or data in particular in the application user information system.
    • Damage of any kind, direct or indirect, resulting from the content and / or the use or inability to use websites linked to the application or to which users could have access via the application.
    • The company Dcod declines all responsibility in the event of improper use of the terminal and / or of an incident related to the use of the terminal when using the application. The company Dcod can in no way be held responsible for any damage of any kind whatsoever caused to users, their terminals, their computer and phone equipment and to the data stored therein or the consequences which may arise therefrom for their personal, professional or commercial activity.
  • Risk on the “internet network”:
  • The user declares to know and accept the limits and the problems of the Internet network and for which the responsibility of the company Dcod could not be committed. And in particular the limits and / or the following problems (non-exhaustive list):
    • Related to problems with the Internet and / or websites: interruption, malfunction, unavailability, response time of pages viewed and / or displayed
    • Data hacking risks
    • Linked to the risk of contamination by possible circulating viruses

Article 11: EVOLUTION OF THE GENERAL CONDITIONS OF USE

The Terms of Service applicable are those in force on the date of use of the application by the user.

The company Dcod reserves the right to modify, at any time, all or part of the provisions of the Terms of Service without notice or prior information to users in order to adapt them to changes in services, technical, legal or jurisprudential developments or when new services are implemented.

Any modifications made by Dcod to the C.G.U. will be brought to the attention of users by simply posting them online.

They are deemed to be accepted without reserve by any user who accesses the application after said online posting.

The Dcod company therefore invites all users to regularly consult the Terms of Service.

The Terms of Service applicable are those in force on the date of use of the application by the user.

The company Dcod reserves the right to modify, at any time, all or part of the provisions of the Terms of Service without notice or prior information to users in order to adapt them to changes in services, technical, legal or jurisprudential developments or when new services are implemented.

Any modifications made by Dcod to the Terms of Service will be brought to the attention of users by simply posting them online.

They are deemed to be accepted without reserve by any user who accesses the application after said online posting.

The Dcod company therefore invites all users to regularly consult the Terms of Service

Article 12: CONTACT

Dcod SAS
SIRET number: 834 594 434 00013
Address: 16 Rue du flamant rose 13140 Miramas
Web:  www.DGolf-app.com

Article 13: APPLICABLE LAW

The heard Terms of Service are subject to French law. This is the case for the substantive rules and the rules of form, and this, notwithstanding the places of performance of the substantive or accessory obligations.

Any dispute or dispute relating to the execution or interpretation of these rules which could not be settled amicably between the parties will be submitted to the competent courts within the jurisdiction of the Commercial Court of Salon-de-Provence.