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Terms And Conditions
Terms and Conditions for Membership of Golftogether (‘Membership Agreement’)
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1. Introduction
1.1
Definitions and Interpretation
“Acceptance” means the acceptance by the Company of your Membership subject to these terms;
“Data” means any Personal Data as defined by and controlled by the Data Protection Act 1998;
“Material” means any information, Data or any other material in any form available through the Website or published on it from time to time;
“Members” means all those persons who have been accepted by us to become a member of Golftogether and the term “Membership” shall be construed accordingly;
“Rules of Conduct” means the rules set out on the Website bearing that title;
“Website” means all those internet pages available through the www.golftogether.co.uk domain name.
1.2
Please read this Membership Agreement carefully before attempting to subscribe to the online materials and information available on the Website operated by Andrew J FROST trading as ‘Golftogether’ (‘Golftogether’, ‘our’, ‘we’ or ‘us’). In particular, we draw your attention to clauses 9 (Applicability of Online Material) and 13 (Liability).
1.3
By selecting the ‘I Accept’ button at the bottom of these terms and conditions and subscribing to Membership of Golftogether you agree to be legally bound by these terms and conditions and the Rules of Conduct as they may be appear on the Website as modified from time to time.
1.4
If you do not wish to be bound by these terms and conditions then you may not subscribe to Golftogether.
2. Nature of our Website
2.1
Please note that Membership of Golftogether is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to subscribe for Membership, using the payment method displayed on our Website. If you do not qualify, click here to leave our Website now.
2.2
Members of Golftogether may electronically submit information, photographs, representations and writing for publication on the Website and benefit from the services and facilities of Membership as may be published on the Website from time to time. Members may, by means of their Membership, make arrangements for their mutual benefit.
3. Conditions of Membership
3.1
If your subscription payment is accepted under clause 4, Golftogether grants you Membership of Golftogether for 90 days, and for 90 day periods afterwards, on the payment of a renewal fee. This Membership is granted on the terms and conditions of this Membership Agreement and any additional conditions applicable as set out in the Rules of Conduct. Golftogether may from time to time offer discounted rates or alternative subscription possibilities in variation to this term.
3.2
If any part of the Rules of Conduct is inconsistent with any provision of this Membership Agreement, the Membership Agreement will prevail, but only to the extent of the inconsistency.
3.3
In relation to Membership:
(a)
you may, subject to this Agreement and any applicable Rules of Conduct, display information in the Members’ Area and have unrestricted use of the facilities accessible through the Website for Members or available by virtue of Membership;
(b)
you may not:
(i)
download, store, reproduce, transmit, display, copy, distribute or use Material other than in accordance with these terms or any Rules of Conduct displayed or accessible on the Website from time to time;
(ii)
sub-license, rent, lease, transfer or attempt to assign the rights in any Material belonging to another to any other person and any dealing in contravention of this clause 3.3(b)(ii) shall be ineffective;
(iii)
make Material available on a network;
(iv)
use Material in any manner, or transfer or export the Material or any copies into any country, other than in compliance with applicable laws; or
(v)
allow any other person to use the Material other than in accordance with the terms and conditions of this Membership Agreement.
3.4
Unless otherwise specified in the Rules of Conduct, the Material is presented solely for your private, personal and non-commercial use.
3.5
Golftogether may terminate or suspend your Membership at any time if you are found in breach of any of these terms or the Rules of Conduct. If you are notified of termination of your rights of use, you must immediately destroy all of your copies of any Material. In these circumstances you will not be entitled to any refund.
4. Payment
4.1
To access the services available to Members, you will need to follow the subscription procedures set out here.
4.2
Details of our prices for Membership and the procedures for payment are displayed on our Website. You must pay using the procedures for payment, payment to be made at the time of your subscription request, and the payment will cover 90 days Membership. The price of any subscription is the price in force at the date and time of your order. We may change the price of any subscription before you place a subscription request. We try to ensure that our prices displayed on our Website are accurate but the price on your order will need to be validated by us as part of the Acceptance procedure (see sub-clause 4.3 below). We will inform you if a subscription’s correct price is higher than that stated in your subscription request and you may cancel the order and decide whether or not to subscribe to Membership at the correct price.
4.3
Golftogether is entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm Acceptance to you by online electronic means (‘Confirmation’) to the email address you have given us on registration. Membership will commence on Confirmation. Commencement of Membership constitutes performance of our services and you will have no right to cancel the Membership once we have done so.
4.4
You undertake that all details you provide to us for the purpose of subscribing to Membership will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your payment details before providing you with any goods or services.
5. Warranties
5.1
We warrant that:
(a)
we have a right to reproduce all Material appearing on the Website; and
(b)
we will provide the services available to Members with reasonable skill and care.
5.2
If you wish to cancel your Membership within 7 working days of Confirmation for any reason (including if you simply change your mind), you may do so if you send us a notice in writing or other durable medium (including email), but only if you have not yet been granted access by Golftogether to any Material via the Website. If you exercise your right to cancel as set out in this clause 5.2, you may claim a refund from Golftogether, which will be paid as soon as possible, but in any event within thirty (30) days from cancellation.
5.4
If you have any complaints, you should direct them to us via email at customerservices@Golftogether.co.uk or by post at [postal address].
5.5
You warrant that:
(a)
The disclosure or provision of any Material by you to us which includes personal Data relating to any person other than yourself, has been specifically authorised by that person, as have the terms in which the disclosure or provision is made;
(b)
You will be entirely responsible for any disclosure made by us to any other party where such disclosure has been instructed or authorised by you or on your behalf.
6. Modifications to the Membership entitlements
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the provision of services to or for Members, including your access to it. Unless explicitly stated to the contrary any new features will be subject to the terms and conditions of this Membership Agreement. Please note that although we try to ensure that the content of our Website is accurate, it may contain typographical errors or other inaccuracies.
7. Information you provide
7.1
The following applies to any information you provide to us, for example, during any registration or subscription process.
(a)
You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through our Website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at enquiry@golftogether.co.uk.
(b)
If you choose to subscribe for Membership through our Website then we will collect information about you, and if you send us personal correspondence such as emails or letters or post reviews or other messages on the Message Board or in any chat areas then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
(c)
You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
7.2
By accepting the terms and conditions of this Membership Agreement, you agree to the processing and disclosure of Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at enquiries@Golftogether.co.uk.
7.3
We will not be responsible for the consequences of any reliance, by you or any other person (having access to such information through you):
(a)
on any information, statement of fact or purported statement of fact that causes damage, injury or distress to any person, whether such information is obtained directly by virtue of your Membership of Golftogether or not;
(b)
on the accuracy or appropriateness of any advice or information displayed on the Website from time to time.
8. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for access to the Website. You may not share these with or transfer them to any third parties. You must notify Golftogether immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
9. Responsibility for online Material
9.1
Our Website is controlled and operated from our offices in the UK. Where Material published on the Website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All Material offered by third parties, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such Material (on or off-line) and the use of those Material. You assume total responsibility and risk for your use of the Material.
9.2
We have used our best endeavours to ensure that all Material complies with UK laws. However, we make no representations that the Material and any services are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.
9.3
Golftogether makes no warranties, express or implied that making the Material available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if visiting the Website, or accessing the Material or any part available in your jurisdiction (by reason of nationality, residence or otherwise) is prohibited, Membership services or the relevant Material are not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to apply for Membership. Golftogether accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Website by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
10. Copyright and monitoring
The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Golftogether, our affiliates or other third party licensors. All product and company names and logos contained within our Website are the trade marks, service marks or trading names of their respective owners, including us.
11. Linked Websites
Golftogether make no representations whatsoever about any other Websites which you may access through the Website. When you access any other website you understand that it is independent from Golftogether and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Golftogether endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
12. Availability of the online service
We will try to make all services to the Members continuously available but cannot guarantee that it will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other Internet connected device.
13. Liability
13.1
Except as set out in sub-clause 5.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Material, our Website or any information or service provided through our Website not contained in this Membership Agreement or the Rules of Conduct. We will do our best to ensure that all Material, information and content of the Website are accurate, but please note that all such Material, content and information are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of them.
13.2
We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of Data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Website or the Material, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Golftogether or our servants, agents or any other person or entity.
13.3
If we are liable to you for any reason, our liability will be limited to the amount paid by you for your membership in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
13.4
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of Data input and output.
13.5
The limitations and exclusions in this condition do not affect your non-excludable statutory rights only apply to the extent permitted by applicable law.
14. General
14.1
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
14.2
This Membership Agreement together with the privacy policy, the Rules of Conduct, any subscription request form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this Membership Agreement in reliance upon any statement, warranty or representation made by Golftogether or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
14.4
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
14.6
Except in respect of a payment obligation, neither you nor Golftogether will be held liable for any failure to perform any obligation to the other due to causes beyond your or Golftogether’s respective reasonable control.
14.7
Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
14.8
These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
15. Notices
15.1
All notices shall be given:
(a)
to us via email at enquiries@Golftogether.co.uk or by post at Andrew Frost, P.O. Box 4415, Nuneaton, CV11 9DB; or
(b)
to you at either the email or postal address you provide during any ordering process.
15.2
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
RULES OF CONDUCT
We encourage members of www.golftogether.co.uk to contribute freely to our Message Boards as long as they do so in a responsible fashion and show respect for others. To ensure that you and we are protected, we have developed Rules of Conduct that is strictly enforced. This standard should be read with our terms and conditions of Membership which contain important information about our liability and copyright matters.
Material posted here may at our discretion be removed, whether in breach of the Rules of Conduct or not, without further comment or notice to you. We reserve the right to identify you in response to a court order or threat of legal action. You agree in your Membership Agreement to permit us to remove any such material.
The following are not permitted:
1. Profanity or obscenities of any kind, even disguised with asterisks.
2. Personal attacks on other persons.
3. Defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening and harassing comments.
4. Straying from the discussion topic.
5. No impersonation of other participants or public figures
6. No soliciting for business, advertising or marketing of any kind, including non-profit organisations.
7. No third party copyright material should be posted. Use links instead of quotes from sources rather than copying the material.
8. No over sized fonts, JavaScript, tables, headings or other advanced HTML commands are allowed. Please use only bold or coloured fonts to emphasise your points.
Violations and Further Information
To report violations of these rules and to obtain further information on these Rules or any queries on them contact:
The Network Supervisor,
Golftogether
Andrew Frost,
P.O. Box 4415,
Nuneaton,
CV11 9DB
Email:
info@golftogether.co.uk
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