Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and The Nineteenth (“we”, “us”, “our”) concerning your access to and use of The Nineteenth mobile application (“App”).

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Description of Service

The Nineteenth is a mobile application that enables users to:

• Create and manage social golf competitions
• Track scores and handicaps
• View leaderboards and standings
• Connect with other golfers in competitions

The App is designed for social, recreational golf competitions and is not intended for official club or tournament use where certified scoring systems are required.

3. Eligibility

To use the App, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the App under applicable laws

If you are under 18, you represent that you have your parent or guardian’s permission to use the App.

4. Account Registration

4.1 Account Creation

To use certain features of the App, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account

4.2 Account Security

You are responsible for safeguarding your password and for any activities or actions under your account. You must notify us immediately of any unauthorised use of your account.

4.3 Account Termination

You may delete your account at any time through the App’s settings. We may suspend or terminate your account if you violate these Terms.

5. User Conduct

5.1 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates applicable laws or regulations
• Impersonate any person or entity
• Submit false or misleading information
• Harass, abuse, or harm other users
• Interfere with or disrupt the App or servers
• Attempt to gain unauthorised access to any part of the App
• Use automated means to access the App without permission
• Upload malicious code or content

5.2 User Content

You are responsible for any content you submit through the App, including:

• Profile information and photos
• Competition names and descriptions
• Player names and details
• Comments or messages

You retain ownership of your content but grant us a licence to use, store, and display it as necessary to provide the App’s services.

5.3 Prohibited Content

You agree not to submit content that:

• Is illegal, harmful, or offensive
• Infringes on intellectual property rights
• Contains personal information of others without consent
• Is spam or commercial advertising
• Contains malware or malicious code

6. Competitions and Scoring

6.1 Competition Management

Competition organisers are responsible for:

• Setting competition rules and formats
• Managing player access and permissions
• Resolving disputes between players
• Ensuring fair play within their competitions

6.2 Score Accuracy

While we provide tools for score entry and calculation:

• Players are responsible for entering accurate scores
• The App performs calculations based on entered data
• We do not verify or guarantee score accuracy
• Official handicaps should be obtained from Golf Australia or relevant governing bodies

6.3 Skins, Wolf, and Monetary Tracking

The App includes optional side-game features (such as Skins and Wolf) that allow users to track monetary amounts associated with competition outcomes. These features are provided for informational and record-keeping purposes only. The App does not process, hold, transfer, or facilitate the exchange of any money or funds between users. Any settlement of tracked amounts is conducted entirely between players outside of the App and at their sole discretion.

Users are solely responsible for ensuring that their use of these features complies with all applicable local, state, and national laws regarding gambling and wagering in their jurisdiction. The Nineteenth makes no representations regarding the legality of any activities facilitated by these features in any particular jurisdiction.

7. Intellectual Property

7.1 Our Rights

The App and its contents, features, and functionality are owned by The Nineteenth and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes in accordance with these Terms.

7.3 Restrictions

You may not:

• Copy, modify, or distribute the App
• Reverse engineer or decompile the App
• Remove any copyright or proprietary notices
• Use the App for commercial purposes without permission
• Create derivative works based on the App

8. Third-Party Services

8.1 Golf Course Data

The App may include golf course information from third-party sources. We do not guarantee the accuracy or completeness of this data. Course information (pars, stroke indexes, distances) should be verified on-site.

8.2 Third-Party Links

The App may contain links to third-party websites or services. We are not responsible for the content or practices of these third parties.

9. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy.

10. Disclaimers

10.1 “As Is” Basis

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY.

Nothing in this section affects your statutory rights as a consumer under applicable consumer protection laws, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the UK Consumer Rights Act 2015, or EU consumer protection legislation.

10.2 No Guarantee

We do not guarantee that:

• The App will be available at all times
• The App will be error-free or secure
• Results obtained from the App will be accurate
• Defects will be corrected

10.3 Golf-Specific Disclaimers

• Score calculations are for social/recreational purposes only
• Handicaps displayed in the App are user-provided and not official
• Course data may not reflect current conditions
• The App is not a substitute for official scoring systems

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION OR DATA LOSS, UNAUTHORISED ACCESS TO YOUR ACCOUNT, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE APP.

11.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR AUD $100, WHICHEVER IS GREATER.

This limitation does not apply to liability that cannot be limited or excluded under applicable consumer protection laws, including under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the UK Consumer Rights Act 2015, or EU consumer protection legislation.

11.3 EU/UK Consumer Rights

Nothing in these Terms affects your statutory rights under:

• The UK Consumer Rights Act 2015
• The EU Consumer Rights Directive 2011/83/EU

These rights cannot be excluded or limited by contract. Under these laws, digital content must be of satisfactory quality, fit for purpose, and as described.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Nineteenth and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit through the App

13. Modifications to the Service

We reserve the right to:

• Modify or discontinue the App at any time
• Change features, functionality, or pricing
• Limit availability to certain users or regions

We will endeavour to provide reasonable notice of significant changes, but are not obligated to do so.

14. Changes to Terms

We may revise these Terms at any time. Material changes will be notified through:

• In-app notifications
• Email (if you have provided one)
• Updated “Last Updated” date

Continued use of the App after changes constitutes acceptance of the revised Terms.

15. Termination

15.1 By You

You may stop using the App at any time. To delete your account, go to Profile > Privacy & Data > Delete Account.

15.2 By Us

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Conduct that is harmful to other users
• Conduct that is harmful to us or third parties
• Fraudulent or illegal activity

15.3 Effect of Termination

Upon termination:

• Your right to use the App ceases immediately
• We may delete your account and data
• Provisions that should survive termination (e.g., disclaimers, limitations of liability) will survive

16. Governing Law and Disputes

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles.

16.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising from these Terms or your use of the App.

16.3 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at support@thenineteenth.golf and attempt to resolve the dispute informally for at least 30 days.

16.4 EU/UK Consumers

If you are a consumer residing in the European Union, you may bring proceedings in the courts of your country of residence. EU consumers may also use the European Online Dispute Resolution (ODR) platform to resolve disputes: https://ec.europa.eu/consumers/odr.

If you are a consumer residing in the United Kingdom, you may bring proceedings in the courts of your country of residence. UK consumers may also contact Citizens Advice ( https://www.citizensadvice.org.uk) for guidance on resolving disputes.

Nothing in this section limits the right of EU or UK consumers to bring proceedings in any court of competent jurisdiction as permitted by applicable law.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and The Nineteenth regarding the App.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 No Agency

Nothing in these Terms creates any agency, partnership, or joint venture between you and us.

18. Contact Us

If you have any questions about these Terms, please contact us: