These terms are the agreement between you and HTG Management Inc. DBA Harry Taylor
Golf (“HTG”, “we”, “us”) covering the
HT University app, HT University memberships, and the
harrytaylorgolf.com store.
By creating an account, taking out a membership, or buying from us, you accept them. If you
do not accept them, do not use the app or the store.
Two things worth reading before anything else: section 12
limits what we are liable for, and section 15 means most disputes are settled by individual
arbitration rather than in court or as part of a class action.
1. Who may use HT University
HT University is built for junior golfers, and many of them are children. A child may not
create an account themselves.
If the golfer is under 18, a parent or legal guardian must create the account,
accept these terms on the child’s behalf, and supervise their use of the app.
By doing so, that adult confirms they are the child’s parent or legal guardian, agrees
to these terms personally and for the child, and accepts responsibility for everything done
on the account, including any purchase made through it.
If the golfer is under 13, the parental consent described in our
Privacy Policy must also be given before the account is
activated.
You must be 18 or over to buy a membership or place an order yourself.
2. Accounts
Give us accurate information and keep it up to date. Keep your password to yourself —
you are responsible for what happens on your account. Tell us promptly at
support@harrytaylorgolf.com if you think
someone else has got into it.
One account per person. Do not share a login, sell it, or let anyone else use it.
3. Your licence to use the app
We give you a personal, revocable, non-exclusive, non-transferable licence to install and
use HT University on devices you own or control, for your own non-commercial use, for as
long as you comply with these terms. On Apple devices, that licence is limited to
Apple-branded products you own or control and is subject to the Usage Rules in the App Store
Terms of Service.
You may not copy, modify, reverse engineer, decompile, rent, lease, lend, sell,
redistribute or sublicense the app, or try to get at its source code, except where the law
says you may do so regardless of this clause.
4. Memberships, trials and billing
HT University is sold as a subscription. Some content is free: new members get access to
three lessons and to the GPS rangefinder without paying.
Price and period
The monthly membership is $14.99 per month and the annual membership is
$149.99 per year, in US dollars, plus any tax that applies. The price and
period shown to you on the purchase screen at the time you subscribe is the one that
governs. If prices differ between the app and our website, the one you are shown where you
buy is the one that applies.
Automatic renewal
Memberships renew automatically. At the end of each period your
membership renews for another period of the same length and you are charged again at the
then-current price, unless you cancel at least 24 hours before the period ends. This
continues until you cancel. We will tell you in advance of any price increase, and you can
cancel before it takes effect.
Bought inside the app
In-app memberships are sold, billed and renewed by Apple or
Google, not by us. The charge appears on your App Store or Google Play
account and is governed by their terms as well as these. We cannot see your card details
and cannot cancel or refund an in-app subscription for you.
Bought on our website
If you subscribe on harrytaylorgolf.com, we bill you through our payment
provider and the membership renews automatically on the same basis. By subscribing you
authorise us to charge your payment method on each renewal until you cancel. We will send
you confirmation of the subscription, its price, its renewal period and how to cancel, and
you can cancel online at any time without having to call or email us.
Free trials and introductory offers
Where a free trial or introductory price is offered, the terms and length are shown
before you accept. Unless you cancel before the trial ends, it converts into a
paid membership and you are charged the standard price. One trial per person;
we may refuse a trial to anyone who has had one before.
5. Cancelling and refunds
You can cancel at any time. Cancelling stops the next renewal; your membership keeps
running until the end of the period you have already paid for. Deleting the app does not
cancel anything.
For in-app memberships, cancel in your App Store or Google Play account settings —
step-by-step instructions are on our support page.
Refunds for in-app purchases are handled by Apple or Google under their own policies; we
cannot issue them.
For memberships bought on our website, cancel from your account or email
support@harrytaylorgolf.com. Except where
the law gives you a refund right, payments already made are not refundable, and we do not
refund part-used periods. We will always look at a genuine billing error.
6. App Store terms
These clauses apply if you downloaded HT University from the Apple App Store, and Apple
requires them:
This agreement is between you and HTG only, not Apple. HTG, not Apple,
is solely responsible for HT University and its content.
Apple has no obligation to provide any maintenance or support for HT
University.
If HT University fails to conform to any applicable warranty, you may notify Apple and
Apple will refund the purchase price, if any. To the maximum extent permitted by
law, Apple has no other warranty obligation whatsoever in respect of the app, and
any other claims, losses, liabilities, damages, costs or expenses attributable to a failure
to conform to a warranty are HTG’s responsibility.
HTG, not Apple, is responsible for addressing any claims relating to HT
University or your use of it, including product liability claims, any claim that the app
fails to conform to a legal or regulatory requirement, and claims arising under consumer
protection, privacy or similar legislation, including in connection with the app’s
use of HealthKit or HomeKit frameworks if applicable.
HTG, not Apple, is responsible for investigating, defending, settling
and discharging any third-party claim that HT University, or your possession and use of
it, infringes that third party’s intellectual property rights.
You represent and warrant that you are not located in a country subject to a US
Government embargo or designated as a terrorist-supporting country, and that you are not
listed on any US Government list of prohibited or restricted parties.
You must comply with any applicable third-party terms of agreement when using HT
University.
Apple and its subsidiaries are third-party beneficiaries of these terms
and have the right to enforce them against you.
HTG’s contact details for any question or complaint about the app are in section 19.
Equivalent principles apply to Google Play, whose own terms also govern a download from
there.
7. Your content
You keep ownership of the swing photos, videos and notes you upload. You give us a limited
licence to store them, show them back to you and to the parent or guardian on the account,
and let an HTG coach review them — that is all we need to run the service.
We will not use your uploads in marketing, on social media, or anywhere public
without asking you first and getting your agreement in writing. For a junior
account, that agreement has to come from the parent or guardian.
Only upload content you have the right to upload. If a video shows another person, you must
have their permission, or their parent’s permission if they are a child. We may remove
content that breaks these terms, and we delete uploads when an account is deleted.
8. Acceptable use
Do not use HT University or our store to: break the law; upload anything unlawful, abusive,
harassing, sexual, or harmful to a child; impersonate anyone; infringe anyone’s rights;
scrape, crawl or bulk-download our content; interfere with or try to break the service or
its security; get around a paywall or share paid content with non-members; or resell any
part of the service.
Content on HT University is for the member’s own use. Do not record, re-publish or
use our lessons to teach commercially without our written permission.
9. Golf instruction, safety and health
HT University gives general golf instruction. It is not medical,
physiotherapy or fitness advice, and it is not a substitute for in-person coaching or
professional medical judgement.
Golf is physical activity, and swinging a club carries a risk of injury. Before a junior
starts, make sure they are healthy enough for it — if there is any doubt, or any
existing injury or condition, speak to a doctor first. Stop if anything hurts.
By letting a child use HT University, the parent or guardian accepts that physical activity
carries risk, takes responsibility for supervising it, and agrees that HTG is not responsible
for injury arising from following instruction in the app, except where the law does not allow
us to exclude that.
We make no promise about results. Improvement depends on the golfer, how much they practise
and much else besides, and nothing in the app is a guarantee of any score, handicap or
outcome.
10. The GPS rangefinder
Distances are estimates produced from your device’s GPS and from course data, and
they can be wrong — GPS accuracy varies with your device, the weather, tree cover and
the course data itself. Treat them as a guide, not a measurement.
Do not use the app while driving a cart or a vehicle, and keep your attention on
your surroundings on the course. Check with your competition organiser before using
a distance-measuring device in a tournament; the rules vary. We are not responsible for a
score, a penalty or a disqualification arising from use of the rangefinder.
11. Store orders and club warranty
An order is an offer to buy, and a contract is formed when we accept it and dispatch. We may
refuse or cancel an order, including where an item is mispriced or out of stock, and if we do
we refund you in full. Prices and availability can change until an order is accepted.
Clubs and equipment carry a one-year manufacturer warranty against defects
from the date of delivery. That covers faults in materials and workmanship. It does not cover
normal wear, shafts or heads damaged in use, grips worn through play, cosmetic marks, abuse,
or clubs that have been altered or re-shafted by anyone other than us. To make a claim, email
support@harrytaylorgolf.com with your order
number and photographs. Our responsibility under the warranty is to repair, replace or refund
the item, at our choice.
Returns, delivery times and shipping costs are as stated on harrytaylorgolf.com at the time
of your order.
12. Disclaimers and limitation of liability
HT University and the store are provided “as is” and “as
available”. To the fullest extent the law allows, we disclaim all warranties
that are not written into these terms, express or implied, including implied warranties of
merchantability, fitness for a particular purpose, and non-infringement. We do not warrant
that the app will be uninterrupted, error-free, or available at any particular time, or that
lesson content, club recommendations or GPS distances will be accurate or suitable for a
particular golfer.
To the fullest extent the law allows, HTG is not liable for indirect, incidental,
special, consequential, exemplary or punitive damages, or for lost profits, lost data, or
loss of goodwill, arising out of or connected with the app, a membership, or an
order, whether the claim is in contract, tort, strict liability or anything else, and even if
we were told such damages were possible.
Our total liability to you for all claims in any twelve-month period is limited to
the greater of (a) the amount you paid us in that period, or (b) one hundred US
dollars.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or
limited — including liability for death or personal injury caused by negligence, for
fraud or fraudulent misrepresentation, or under a consumer right the law gives you and does
not let us take away. Some states do not allow the exclusion of implied warranties or the
limitation of incidental or consequential damages, so parts of this section may not apply to
you. These limits apply to the maximum extent permitted in your jurisdiction and no
further.
13. Indemnity
You agree to indemnify and hold harmless HTG, its officers, employees and contractors from
any claim, loss, liability, damage, cost or expense, including reasonable legal fees, arising
out of: your breach of these terms; content you upload; your use or a supervised child’s
use of the app; or your infringement of anyone else’s rights. We may take over the
defence of any such claim, and you agree to cooperate with us if we do.
14. Our intellectual property
The app, the lessons, the drills, the video, the course data, the Harry Taylor Golf and HT
University names and logos, and the club designs and their trade dress belong to HTG or its
licensors and are protected by copyright, trade mark and other laws. These terms give you a
licence to use the service, and nothing more. Do not use our names or logos without our
written permission.
15. Disputes, arbitration and class waiver
Talk to us first. Most problems are solved by emailing
support@harrytaylorgolf.com. Before starting
formal proceedings, send us written notice of the dispute and give us 30 days to resolve
it.
If we cannot resolve it, you and HTG agree that the dispute will be
settled by binding individual arbitration, not in court, and that you and we each give up the
right to a jury trial. Arbitration will be administered by a recognised US
arbitration provider under its consumer rules, by a single arbitrator, in English, in
Riverside County, California, or remotely, or in your home county if you ask for that.
Class waiver. Claims must be brought individually. You and HTG each agree
not to bring a claim as a plaintiff or class member in any class, collective, consolidated or
representative proceeding, and the arbitrator may not consolidate claims or preside over any
form of representative proceeding. If this class waiver is held unenforceable as to a
particular claim, that claim alone goes to court and the rest stay in arbitration.
You can opt out. If you do not want to be bound by this arbitration
agreement, email support@harrytaylorgolf.com
within 30 days of first accepting these terms, saying so and giving the name on your account.
Opting out does not affect anything else in these terms, and we will not treat you worse for
it.
Either of us may still bring an individual claim in small claims court, and either of us may
go to court for an injunction to protect intellectual property. Nothing here stops you
contacting a regulator or government body.
16. Suspension and termination
You can stop using the service and delete your account at any time. We may suspend or close
an account that breaks these terms, that is used to harm someone, or where we are required to
by law; where it is reasonable to do so we will tell you first and give you a chance to put
it right. If we close your account without cause, we refund the unused part of a membership
you bought from us. Sections 7, 12, 13, 14, 15 and 18 survive the end of this agreement.
17. Changes to these terms
We may change these terms. We will change the date at the top, and for a material change we
will give you reasonable notice — by email or in the app — before it takes
effect. Carrying on using the service after that means you accept the change; if you do not
accept it, cancel. A change to the arbitration agreement in section 15 will not apply to a
dispute we already knew about.
18. General
These terms and our Privacy Policy are the whole agreement
between us about the service. They are governed by the law of the State of California,
without regard to its conflict-of-laws rules, and subject to section 15 the courts of
Riverside County, California have jurisdiction. If any part is held unenforceable, the rest
stays in force. Our not enforcing something is not a waiver of it. You may not transfer your
rights under these terms; we may transfer ours as part of a sale or reorganisation of the
business. We are not liable for a failure to perform caused by something outside our
reasonable control.