Terms of purchase
Alba is a service offered and operated by Alba Tech AS (reg. no. 830 340 882) (hereinafter referred to as "Alba"). Alba is a service for those who want to discover new places to play simulator golf and get the best prices (hereinafter "The Service"). Users of the Service are referred to as âUserâ in these terms.
1. About the terms of use
The User's access to and use of the Service is subject to these terms of use ("The Terms").All Users must accept the Terms to access the Service.
The Service operates by forwarding bookings to various owners of golf simulators. When the User books time at a golf simulator, two independent agreements are entered into: one agreement between the User and the owner of the golf simulator, and one agreement between the User and Alba regarding the Service. By purchasing access to a golf simulator through Alba, the User simultaneously accepts the ownerâs terms of use for the simulator itself. If the User wishes to read the ownerâs terms, these can be obtained by contacting the owner.
2. Access to the Service
To access the Service, the User must first create a user account. This is done directly on the Serviceâs website or in the mobile application.
When creating a user account, the User must register certain information about themselves. To identify the User, we use a phone number or email address, and the account is verified by sending a unique code to the User via SMS or email. To book a time on a golf simulator, the User must pay through our approved payment methods.
The Userâs access to the Service is personal. If the User grants third parties access to the Service, the User is fully legally, financially, and practically responsible for both the use and for ensuring that the Terms are complied with.
3. User's responsibility
All Users undertake to use the Service only in accordance with its intended purpose, and shall at all times refrain from actions that may harm the Service's functionality, uptime, or result in other irregular use.
The User is responsible for their user account. This means that the User must keep account information updated and protect the account from unauthorized access, especially by keeping the password secure and inaccessible to third parties.
We assume that all actions performed in the Service are carried out by the User and that the information stored there is correct. If, however, the User has been unfortunate and experiences suspicious activity on their account, we ask the User to contact Alba immediately using the contact information in Section 8 â Communication below.
4. Payment and prices
4.a - Terms of payment
Payment for golf simulators is made by immediate charge or reservation of the User's chosen means of payment. If there are insufficient funds in the Userâs account, or other obstacles arise preventing correct payment, Alba reserves the right to send a payment notice with a deadline. Unpaid claims will be collected in the usual manner. In the event of late payment, interest will accrue in accordance with the Norwegian Act on Interest on Overdue Payments. In case of non-payment, Alba also reserves the right to suspend parts of or the entire Service without further notice.
4.b - Price list
The applicable price is shown in the Service before the User places an order. Since Alba offers access to golf simulators from various owners, the final price will depend on the prices and pricing model of each individual owner.
5. Limitation of liability
Alba does not guarantee continuous, uninterrupted, or secure access to the Service. The Service may, from time to time, be wholly or partially unavailable due to maintenance or other reasons, and Alba makes no guarantees regarding functionality or availability.
Alba is not liable for any loss or damage arising in connection with the Userâs business or commercial activities, or for any loss, expenses, price differences, or loss of profit that could not reasonably have been foreseen as a possible consequence of a breach of contract at the time the Agreement was concluded. Furthermore, Alba shall not be liable for minor or insignificant inconveniences suffered by the User as a result of a breach of contract. To the extent permitted by applicable law, Alba shall not be liable for losses resulting from personal injury. Alba does not incur criminal liability unless the requirements for intent or gross negligence under applicable law are met. Nothing in this limitation of liability restricts the Userâs statutory rights that cannot be waived by law. All other liability is limited unless otherwise required by applicable law.
Alba has no control over the uptime or functionality of the golf simulators. Any claims related to defects or delays due to technical errors or other issues with the golf simulators must be directed to the owner.
6. Processing of personal data
To be able to offer the service, Alba must process personal data about the User and other users of the service. Information about how Alba processes personal data can be found in Albaâs privacy policy, which is available here: https://albaplay.com/en/terms/user.
7. Communication
Users can always contact Alba directly in the Service or at help@albaplay.com
8. Changes to the terms and conditions
From time to time, it may be necessary for Alba to amend the Terms. This may, among other things, be due to technological developments, new functionality, or changes in payment terms. Alba may make certain changes without notifying the User. However, Alba will give notice of changes that have a material impact on the User's use of the Service within a reasonable time before the changes take effect. If the User disagrees with the changes, the User's only option is to stop using the Service within 30 days after the notice has been given.
9. Right of withdrawal
Pursuant to the Right of Withdrawal Act, the User has the right to cancel the agreement with Alba for orders with a value exceeding NOK 300. If the User wishes to exercise the right of withdrawal, a deadline of 14 days applies. In such cases, the User may use this form. The User agrees that there is no right of withdrawal for usage of the golf simulator that has already taken place. Alba or the owner of the golf simulator may charge a cancellation fee in accordance with applicable law.
10. Severability
If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions.
11. Force Majeure
Alba shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, or interruption of services not attributable to Alba.
12. No Waiver
The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision of this Agreement.
13. Assignment
Alba may assign its rights and obligations under this Agreement without the Userâs prior consent, provided that such assignment does not prejudice the Userâs statutory rights.
14. Choice of law and dispute resolution
The Terms are subject to and shall be interpreted in accordance with Norwegian law, unless mandatory law applicable in the Userâs country of residence requires otherwise.
If a dispute arises between the User and Alba, the matter must first be resolved amicably. If no agreement is reached, the User may bring the dispute before the Consumer Council, which can handle the case between the User and Alba: https://www.forbrukerradet.no/klageguide/.
If this is unsuccessful, the case can be brought before ordinary courts, with Oslo District Court as the agreed venue for first instance proceedings, unless mandatory law applicable in the Userâs country of residence requires otherwise.
Electronic Signatures
This agreement may be entered into and accepted electronically. Electronic signatures or digital acceptance (for example, by clicking "I accept") have the same legal effect as handwritten signatures.