Term of Services

This Terms and Conditions of Services will take effect on 01/5/2023.

This Terms and Conditions of Service (hereinafter referred to as the “Agreement”) govern user’s rights and obligations when using Products/Services of Golf Software Solutions Joint Stock Company on the Gonta website (https://gonta.vn/) and Gonta mobile application.

1. Difinitions:
   • In this Agreement, the following words and terms have the following meanings:
   • 1.1  GSS is Golf Solfware Solutions Joint Stock Company which established and operated under the laws of Vietnam, with a Certificate of Business Registration No: 0317592605, first issued on December 6, 2022.
   • 1.2  Gonta means an application that calculates handicap index in golf sport. This application has been built, developed, operated and managed by GSS. In this Agreement, Gonta includes: The Gonta website and Gonta mobile application
   • 1.3  Products/Services are features that GSS provides to users through Gonta application.
   • 1.4  Gonta Account is an electronic account on GSS's information technology system created and managed by a user.
   • 1.5  User inclue all customers who want to register Gonta account.
2. General Rules:
   • 2.1  By downloading and accessing the Gonta application, the User confirms that they have fully understood the provisions of this Agreement and fully agreeded 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 the Products/Services will be governed by this Agreement.
   • 2.2. By accessing, downloading, and using the Gonta application, the User acknowledges and agrees that the User has consented to the methods, requirements, and/or policies set forth in this Agreement and the User hereby agrees for GSS to collect, use, disclose and/or process the User's personal data as described in this Agreement.
   • 2.3  The User will be deemed to accept and be bound by this Agreement. The User's action of using Products/Services on the Gonta application is determined that the User and GSS has entered into and performed a Service Contract.
   • 2.4  GSS has the right to change the contents of this Agreement or any feature of the Products/Services at any time. Changes will take effect immediately after GSS announces the change to this Agreement or feature at Gonta application.
   • 2.5  GSS has the right to upgrade, modify, suspend or terminate or delete a part or all of Gonta in accordance with the provisions of laws.
   • 2.6  The User agrees that GSS has the right to conduct the following rights at any time: (i) transfer the right of possession of all or part of Gonta to a third party in any manner in accordance with regulations of laws; (ii) assign or transfer GSS's rights and obligations under this Agreement to any third party.
   • 2.7  The User agrees to periodically review this Agreement to ensure that the User has been updated for any changes or modifications of this Agreement. That the User's continued using the Product/Service shall be deemed to agree to the changes or modifications of this Agreement.
   • 2.8  If the User does not agree to a part or all of provisions of this Agreement, the User may not be able to access or use Gonta's Products/Services.
3. Registration and Termination Terms:
   • 3.1  Register to use Products/Services:
   • To use Gonta, the User has to register and create a Gonta account. All steps to create a Gonta account will be conducted following the provisions of Article 6.1 Privacy Policy.
   • 3.2  Conditions of using Gonta:
   • To ensure accuracy and consistency, when using Gonta, the User must meet the following conditions:
   •       3.2.1  Each User is only allowed to create and use a single account on the Gonta application.
   •       3.2.2 Declare information and data accurately, honestly and take responsibility for all information and data that the User provided.
   •      3.2.3  Do not provide score cards falsely for any reasons.
   • 3.3 User’s Responsibilities:
   • When using Gonta, the User does not undertake to below behaviors:
   •      3.3.1 Do not use Gonta for illegal purposes; unreasonable, fraudulent, threatening, illegal information exploration, sabotage; create and spread viruses that damage the system, configuration, otherwise transmit information of Gonta.
   •      3.3.2 Attempt to gain unauthorized access to or otherwise interfere or disrupt computer systems or networks connected to Gonta.
   •      3.3.3 Upload, advertise or otherwise transmit through Gonta any Prohibited Materials that means any information, graphics, images, data and/or any other materials that:
   •               (i) contains any computer virus or invasive code, damaging code, or other harmful programs
   •               (ii) infringes any Intellectual Property or a third-party’s any other proprietary rights.
   •               (iii) is defamatory, libelous, or threatening
   •               (iv) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law; and/or
   •               (v) is or may be construed as offensive in GSS’ opinion.
   •      3.3.4 Interfere the use of Gonta.
   •      3.3.5 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 Gonta’data or damage or interfere other User’s computer or mobile device or Gonta.
   •      3.3.6 Use Gonta which is not in compliance with the permitted use policíe of any connected computer networks, any applicable Internet standards and any applicable laws.
   •      3.3.7 Take any actions to discredit of Gonta/GSS in any way.
   • 3.4 Termination of using Ghandicap:
   •      3.4.1 Termination by GSS:
   • GSS reserves the right to terminate User's access to GSS or use of any part of Products/Services or delete User's account (temporarily or permanently) in the following cases:
   •              (i) The User breachs of any terms and conditions of this Agreement (including amended, added terms and conditions).
   •              (ii) In accordance with User’s request
   •              (iii) In accordance with laws.
   •      3.4.2 Termination by the User:
   • In the User’s opinion, the User has the full right to stop accessing to Gonta or use a part of Products/Services. The User may terminate to use Products/Services by one of the following ways:
   •              (i) Delete User’s account: Option → General Setting → Delete   
   •              (ii) Delete the Gonta Application
   •              (iii) Do not access the Gonta website.
4. Payment:
   • 4.1 The User is free to use Ghandicap from the date of releasing Gonta to the end of December 31, 2024. At the end of this period and depending on the actual situation GSS will decide and issue a fee policy.
   •  4.2 The fee policy and payment method will be notified by GSS on Gonta when applying
5. Intellectual Property Rights:
   • 5.1 All trademarks, logos, service marks and all other intellectual property rights of any kind (whether registered or not), and all information, design, documentation, graphics, software, images, video, music, sound, software complexes, source code and basic softwares related to GSS (collectively, "Intellectual Property Rights") is the property of GSS only. All Intellectual Property Rights are protected by Vietnamese laws on copyright and international conventions. All rights reserved.
   • 5.2 Except the clearly permitted behavior in the provisions of this Agreement, the User must not use, edit, publish, reproduce, translate, perform derivative works from, distribute or otherwise use, reuse, copy, modify, or otherwise disclose the Intellectual Property Rights in any way without GSS's prior written consent. The User shall not assist or facilitate any third party's use of the Intellectual Property Rights in any way that would constitute an infringement of intellectual property and/or GSS’s related rights. 
6. Privacy Policy: The User agrees to and complies with GSS’s Privacy Policy.
7. Limitation of Liability:
   • 7.1 GSS (including its employees, affiliates) shall in no case be liable to the User for any loss, damage, liability or expense of any kind whatsoever due to any reason, any action caused by the use of, or inability to use Products/Services, except that GSS has fasles to cause damages, loss.
   • 7.2 However, in the event that GSS (including its employees, affiliates) is liable for loss or damage in accordance with Article 7.1, the User agrees that the full liability of GSS (including employees, GSS affiliates) shall be limited to actual, direct damages suffered by the User.
   • 7.3 The User agrees that GSS (including its employees, affiliates) shall in no case be liable for any loss, damage, liability and /or any expense incurred, paid by or suffered by the User due to the User or another unauthorized third party's access to GSS’ server, interface, GSS’ website, Gonta, equipment and/or data of the User whether by accident or by illegal or unauthorized means such as unauthorized access or other reasons beyond the control of GSS (e.g. computer viruses).
   • 7.4 GSS shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under this Agreement (or any part thereof) or any inaccuracy, unreliability, or unsuitability of Gonta if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond GSS’s reasonable control or force majeure including but not limited: natural, disasters, storms, thunderstorms, virus outbreaks, government restrictions, strikes, wars, network failure or failure of telecommunications networks or other force majeure events in accordance with provisions of laws.
8. Communication:
   • 8.1 The User agrees to allow GSS and/or its affiliates to send text messages and/or call the User via phone number and/or notify on Gonta about issues related to the updated Products/Services and events given or provided by GSS or its affiliates. The User agrees that notices may be sent via text message or call or on Gonta mentioned in this article shall not be limited in quantity and time and shall have full validity as GSS’s official notice to the User on the condition that it fully complies with the provisions of laws.
   • 8.2 Any problems related to use of Gonta, the User can contact to GSS by one of the following ways:
   •  
     • 8.2.1 Send a letter to the address of Golf Solfware Solutions Joints Stock Company:
     • 35-37 Noi Khu Hung Phuoc 3, Tan Phong Ward, District 7, Ho Chi Minh City, Viet Nam.
     • 8.2.2 Call to GSS’s hotline: [+84] 2873 055559
9. Other Terms:
   • 9.1 The Privacy Policy is an integral part of this Agreement. The User’s have to comply with this Privacy Policy.
   • 9.2 The User undertakes to comply with terms and conditions in this Agreement.
   • 9.3 During the implementation of the Agreement, if there are any problems related to use Product/Service, Parties will settle them by negotiation. After conciliation or negotiation fails, the dispute will be resolved at a competent court.

• By confirming/tick below, the User acknowledges that the User has read, fully understood and fully agreed with terms and conditions of this Agreement.