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Terms of Use

Terms Of Use

Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and PING EUROPE LIMITED (“Company,” “we,” “us,” or “our”) and governs your access to and use of our websites, mobile and other online services or applications that link to this Agreement, including our Mobile App (each a “Site,” and collectively the “Sites”) and the features, content, programs, and services, including Wi-Fi, we make available through the Sites (collectively with the Sites, the “Services”). By continuing to access and use the Services, you agree that such use is legally sufficient consideration under this Agreement. The Services do not include our PING Club Registration program, which is governed by the Terms of Use linked here.

THIS AGREEMENT CONTAINS A PROVISION THAT LIMITS OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

CONTINUED ACCESS AND USE OF THE SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then by using the Services, you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. If you do not accept this Agreement, you are not authorized to use the Services or its features. References to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.

We are committed to making the Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the Services, please Contact Us.

What’s Contained in This Agreement

Click on the links below to jump to that section of the Agreement.

Highlights of the Agreement
eCommerce
WI-FI Access
Our Intellectual Property Rights
Your Authorized Use of The Services
Downloads
Mobile Applications
Text Message Communications
User Content
Accounts
Descriptions, Blogs, and Opinions
Third-Party Content and Links
Updates to this Agreement
Other Terms, Conditions, and Policies
Important Legal Terms
Governing Law and Injunctive Relief
Terms for International Users
Contact Us

Highlights of the Agreement

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read the entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this Highlights section and the terms of the full Agreement, the terms of the full Agreement control.

(a) Shopping on our Sites

Refunds, returns, and exchanges have conditions that you should understand before purchasing.
Shipping prices vary and correct shipping depends on you providing accurate information.

Complete Agreement

Ecommerce

Some of the Sites may allow you to purchase products directly on them (“eCommerce Sites”). Although we have a variety of eCommerce Sites that sell different types of products and services, the provisions of this Agreement apply to all of the eCommerce Sites that link to this Agreement.

Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through an eCommerce Site. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.

Orders

We may make improvements and/or changes in products or services described on the eCommerce Sites, add new features, or terminate an eCommerce Site at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale on an eCommerce Site will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information on an eCommerce Site (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfil an order, where we cannot authorize your payment, where we determine we or you are not permitted to complete the transaction, where you have ordered too many goods and we believe it may be in error, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated, products sold on the eCommerce Sites are intended for end use in the United States, United Kingdom, and the European Union and are not labelled or intended for international distribution.

Taxes

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase, you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Payment Processing

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. The price of the goods may be displayed in pounds sterling (£)(GBP), € (Euros), SEK (Swedish Kr), DKK (Danish Kr) or NOK (Norwegian Kr), includes VAT at the applicable rate, and does not include the cost of delivering the goods (if you want delivery options and costs, visit our webpage “Delivery” before you place your order)

We accept the following credit cards and debit cards: Visa, Mastercard and UK Maestro. We also accept PayPal. We do not accept cash or cheques. Your credit card or debit card will be charged when you click ‘Pay Now’. If your payment is not received by us and you have already received the goods, you (i) must pay for such goods within thirty (30) days, or (ii) must return them to us as soon as possible but no later than within thirty (30) days of receipt, during which you must keep the goods in your possession, take reasonable care of them and not use them before you return them to us. If you do not return any goods (such as where you have not paid for them), we may collect the goods from you at your expense. We will try to contact you to let you know, if we intend to do this.

Shipping

Shipping fees vary and can be found as calculated during the order completion process before checking out.

Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Unless otherwise accepted or indicated, we generally do not ship to a P.O. Box or Military APO/FPO address. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.
For specific questions on shipping, please see our shipping options here. If you have questions regarding shipping, please Contact Us.

Outside of the United Kingdom, we ship to the following countries in Europe: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, Lithuania, Netherlands, Norway, Poland, Portugal, Spain (excluding Canary Islands), Sweden and Switzerland.

Returns

If you are not satisfied with a product that you purchased through an eCommerce Site, you may return it subject to the following conditions below. Please note that we reserve the right to reject any return that does not comply with these requirements.

Some products are non-refundable. To request a return on a product eligible for a refund, you must Contact Us. Some eCommerce Sites may also let you request a return or exchange through your Account or through other functionality. In your return request, you must indicate the specific product with which you are not satisfied, and include your order number, name, and contact information, as well as the reason for your return where not prohibited by law. If we accept your return request, you must initiate the return of the applicable product within fourteen (14) days from the date of original delivery. Products returned after the fourteen (14)-day return period may have their return denied. If you do not have an Account, we may issue you a shopping credit through other means. Shipping and handling charges are non-refundable.

To initiate the return of a product, you will need to use the order number associated with your purchase, which you can find in your online receipt. Once you are approved for an exchange or return, your return or exchange will begin to be processed. A credit will be issued back to the original method of payment if a refund is to be issued instead of a shopping credit.

For more information on returns, please visit https://www.pingeurope.com/returns-warranty.

Refunds

Some eCommerce Sites sell products for which we allow a refund; meaning all or a portion of the purchase price is returned to you without you providing the item back to us. This may be indicated on the applicable eCommerce Site or may be communicated by our customer service.

We reserve the right to only issue a refund, or require a return or exchange, in our sole discretion regardless of what an eCommerce Site may indicate. Refunds for orders purchased from third party vendors or locations will not be issued according to this Agreement, which only governs the refunds for purchases made through the eCommerce Sites. We will decide in our sole discretion whether you will receive a refund.

Timing: For refund eligible products, you have thirty (30) days from the date of shipment to contact us for a full refund of the purchase price (less shipping and handling fees). Following such thirty (30)-day period, no product is eligible for a refund.

Conditions: Your refund is subject to the following conditions:

· The product must not be labelled or otherwise designated as non-refundable.

· To request a refund, you must Contact Us.

· In your refund request, you must indicate the specific product with which you are not satisfied and include your order number, name, and contact information, as well as the reason for your refund request where not prohibited by law.

If we accept your refund request, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.

Cancellation – United Kingdom

If you are located in the United Kingdom and make a purchase with us, you have the right to cancel this Agreement within fourteen (14) days without giving reason. This cancellation period will expire after fourteen (14) days from the day on which you click “Pay Now” or the date you acquire physical possession of the goods, if earlier. To cancel, you must inform us of your decision to cancel this Agreement by a clear statement (sent by post or email) with enough information that we can identify your order. You may, but are not required to, use the model cancellation form provided below:

Cancellation form

To PING EUROPE LTD, Corringham Road Gainsborough Lincolnshire, England, DN21 1XZ

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Relating to order number [*]

Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

[*] Delete as appropriate

If you cancel this Agreement, refunds and/or returns will be processed and handled in accordance with the Return and Refund sections above. For the avoidance of doubt, if you have received the goods and cancel this agreement, (i) you shall send back the goods, or hand them over to us, without undue delay and in any event post the goods not later than 14 days from the day on which you communicate your cancellation from this contract to us, and (ii) remain liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Promo Codes and Discounts

The Services may create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. Only consumers can use promo codes. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on a Site.

Free Items and Gifts With Purchase

Promotions including free items, sometimes referred to as gifts with purchase, are available for a limited time only and offered while supplies last. No rainchecks will be provided for out-of-stock free items. There is a limit of one (1) free item per transaction.

Wi-Fi- Access

We may provide access to Wi-Fi connections or similar network connections to you at some of our physical locations (the “Wi-Fi”). BY USING WI-FI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of the Wi-Fi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide the Wi-Fi to you, and we may terminate or suspend your access at any time and for any reason. Wi-Fi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via the Wi-Fi. We are not a publisher of third-party content that can be accessed through Wi-Fi and are not responsible for any opinions, advice, statements, services, or other information provided by third parties and accessible through the Wi-Fi. We reserve the right to monitor or store any transmission made through the Wi-Fi, but we have no obligation to do so. WI-FI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WI-FI.

Our Intellectual Property Rights

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Services is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Services and their Content for personal, informational, and shopping purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such Content pursuant to any licenses associated with such Content; (iii) not copy or post such Content on any networked computer or broadcast it in any media; (iv) make no modifications to any such Content; and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the Content.

Your Authorized Use of The Services

While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party’s use of the Services. In addition, we expect users of the Services to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

· Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;

· Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;

· Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;

· Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;

· Violate, or attempt to violate, the security of the Services;

· Disseminate on the Services any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;

· Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services;

· Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;

· Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;

· Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the Services or to collect any information from the Services or any other user of the Services; or

· Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Services.

Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.

Downloads

The Services may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party, for example an agreement with a mobile application store.

Mobile Applications

Some of the Services may be mobile or other applications that you can download to your phone, tablet, or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the third-party service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.

You acknowledge that this Agreement and your use of the Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement, or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

By using the Mobile App, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Text Message Program Terms

We offer our customers mobile alerts regarding promotional events, new product releases, cart reminders, and order alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.

Signing Up and Opting Into a Text Message Program

Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under eighteen (18) years old or if you do not agree to the terms of this Agreement. We reserve the right to stop offering the Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.

By opting into a Text Message Program, you:

· Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

· Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.

· Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into a Text Message Program.

· Consent to the use of an electronic record to document your opt-in.

While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).

Opting Out and Seeking Assistance

You may opt out of receiving text messages from us at any time by following the instructions from the message. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out.

If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. This Agreement will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.

To find out more information on our text message marketing programs, Contact Us. Our Privacy Policy applies to text message marketing programs.

User Content

You are responsible for any information, product testimonials, text, reviews, posts, images, videos, or other materials or content that you post on the Services, upload to us, or transmit through the Services (“User Content”). You agree, represent, and warrant that any User Content you post on the Services or transmit through the Services is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Services any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

User Content License: By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

Accounts

In general, you are not obligated to register for an account in order to access the Services. However, certain sections and features of some of the Services are available only to users who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address): (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Services.

If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Services in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Descriptions, Blogs, and Opinions

Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site.

Sites may contain expert opinions or other opinions on the benefits of products or services on our Site, such as on our blog page. These opinions cannot be relied upon or taken with complete accuracy as there are a number of risks, uncertainties, variables, and other important factors that may change the opinion being presented on the Site. While we will do our best to update our Site if circumstances change regarding the opinions presented, we are under no obligation to change such opinions. Information on Sites accessed from this Site by hyperlink represents the opinions of these respective experts, which are not necessarily those of the Company.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY REVIEW TESTIMONIAL, DESCRIPTION OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND ARE NOT LIABLE FOR INACCURATE, FALSE, WRONG, OR MISLEADING OPINIONS PRESENTED ON THE SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Third-Party Content and Links

Any information, statements, opinions, or other information provided by third parties and made available on the Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Services.

We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos, or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, X (formerly Twitter), YouTube, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Services, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Services. Your continued use of the Services will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Services, an email to the address we have on file, or a message in your Account.

Other Terms, Conditions, and Policies

This Agreement applies exclusively to your access to, and use of, the Services and does not alter in any way the terms or conditions of any other agreement you may have with us. Additional terms, conditions, and/or policies may apply to use of specific portions of the Services and to the purchase of certain merchandise or services and are included as part of this Agreement, whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

· Privacy policies

· Employment agreements

· PING Club Registration program

Other policies and agreements are typically found by navigating the Services, typically by checking website headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, coupons, or other promotions made available through the Services may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy. Should we employ you, none of the materials provided on a Site constitute or should be considered part of an employment contract or an offer for employment.

Important Legal Terms

Termination

The Services and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Services, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, User Content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination: (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination. Even after the termination of this Agreement, your Account, access to the Services, or any User Content you have posted or submitted may remain on the Services indefinitely.

Children

The Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under sixteen (16) years of age. YOU MUST BE AT LEAST SIXTEEN (16) YEARS OF AGE TO ACCESS AND USE THE SERVICES OR CREATE AN ACCOUNT. Additionally, certain Services or sections of the Services, as well as promotions, programs, and commerce we may offer on the Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Services or certain sections or features of the Services, you should not attempt to do so.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from: (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Services or any product or service purchased on an eCommerce Site; or (iii) User Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Consent to Communication

When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Assignment

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Governing Law and Injunctive Relief

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of England and Wales, exclusive of conflict or choice of law rules.

Injunctive Relief: Notwithstanding the foregoing, and if applicable in your jurisdiction, you and we both agree that you or we may sue in court of jurisdiction to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Terms for International Users

The Services may only be available in the territory to which the Services are directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SERVICES INCLUDING, WITHOUT LIMITATION, THE INFORMATION AND OTHER MATERIALS PROMOTING THE SERVICES AS IDENTIFIED ON THE SITES, ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SERVICES ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE LOCATION WHERE THE SERVICES ARE DIRECTED. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules and other laws.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE FURTHER DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THE UNITED STATES AND RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

Contact Us

If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by writing, emailing, or calling us using the below information:

- Corringham Road Gainsborough Lincolnshire, England, DN21 1XZ.
- customercare@pingeurope.com
- +44(0) 1427 619228

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