mygolfexperience.com - Terms and Conditions
1. Introduction
This Agreement sets out your rights and obligations, and those of Cheeky Media Limited, a company registered in England under registration no. 4920949 ("mygolfexperience.com", "we" or "us"), in relation to this site and the services offered by mygolfexperience.com through it (the "mygolfexperience Service"). By registering for the mygolfexperience Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the mygolfexperience Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the mygolfexperience Service. You should be aware that this Agreement may change from time to time in accordance with Clause 24 below.
2. Types of membership
People who register for the mygolfexperience Service become "Members". They must be at least 18 years of age. The Membership divides between those who decide to pay our fee membership (which we call "Full Members"), and those who do not ("Free Members").
As well as being able to browse the mygolfexperience Service like any visitor to it, Free Members may:
-record an unlimited number of golf scorecards and view their last 3 scorecards online;
-create a golf society and add their golfing partners, including posting notices on the society’s message board;
-join another person as a Standard Member; and
-search for a golf course online.
In addition to the facilities available to Free Members, Full Members may:
-record and view an unlimited number of scorecards online and analyse their golf results in detail
We are not an internet service provider, however. In order to avail of the mygolfexperience Service, you must have internet access and all the software (and skills) required for email and web usage.
3. Full Membership: Important
If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for twelve months. If you wish to continue with Full Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. Please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.
4. Registration
You undertake to register for the mygolfexperience Service using accurate and current information about yourself – including your correct email address and any other requested details. You also undertake only to add your accurate golf scorecards on the mygolfexperience Service. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.
As part of the registration process for the mygolfexperience Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
5. Forming societies
As either a Free Member or a Full Member you may form a society for the purpose of interacting with fellow golfing partners. The Member who forms the society is responsible for the content on that society’s pages, including any notices or communication placed on the society’s noticeboard. In all other respects, the society formed using the mygolfexperience Service must comply with these terms and conditions, as altered from time to time.
6. Privacy policy
mygolfexperience.com’s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.
7. mygolfexperience.com’s Role
You, whether you are a Member or just a non-Member who visits the mygolfexperience Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the mygolfexperience Service or outside of it. We only provide a platform where the mygolfexperience Service may be accessed. In particular, you should be aware that mygolfexperience.com does not pre-screen or monitor the material contributed by Members, except where material is submitted through the feedback on the home page.
8. Additional services
mygolfexperience.com or its affiliates may offer new or additional services through the mygolfexperience Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the mygolfexperience Service in an appropriate manner (as determined by mygolfexperience.com in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
9. Operation of mygolfexperience Service
We reserve the right to withdraw or modify one or more aspects of the mygolfexperience Service where we have legal or technical reasons to do so (including technical difficulties experienced by mygolfexperience.com or on the Internet). There may also be times when the mygolfexperience Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the mygolfexperience Service.
10. Misuse of mygolfexperience Service
We reserve the right (a) to suspend or terminate any Member’s access to the mygolfexperience Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the mygolfexperience Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the mygolfexperience Service without our prior consent. You are responsible for everything which is done on or through the mygolfexperience Service while your Membership account is logged on to the mygolfexperience Service, or through your email address(es).
11. Relevance
The mygolfexperience Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the mygolfexperience Service – Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the mygolfexperience Service for any business or commercial purpose; or
- use your access to the mygolfexperience Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
12. Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant mygolfexperience Service.
(ii) Fees paid by a Full Member will not be rebated or refunded by mygolfexperience.com, unless the mygolfexperience Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement.
We may add new or ancillary services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.
13. Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the mygolfexperience Service, nor any activity or communication you make in connection with any mygolfexperience Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
14. Alerting mygolfexperience.com
If you see anything on the mygolfexperience Service which appears to infringe this Agreement, then please contact us to inform us of it through the feedback on the home page. We do not generally monitor material contributed by Members when posted on the mygolfexperience Service, except where material is submitted through the feedback on the home page. We rely upon users to point out any which infringes this Agreement.
15. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the mygolfexperience Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the mygolfexperience Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the mygolfexperience Service, except where material is submitted through the feedback on the home page. We rely upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the mygolfexperience Service.
16. Disclaimer and Release
mygolfexperience.com has no control over or responsibility for the truth or accuracy of any material available on the mygolfexperience Service, whether provided by Members or others.
If any third party sites are linked to from the mygolfexperience Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
You should exercise no lesser degree of caution in appraising what you see on the mygolfexperience Service than you do offline.
Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
Your use of the mygolfexperience Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release mygolfexperience.com, its directors, contractors and employees from all liability arising out of or in connection with the mygolfexperience Service and the material included here by Members and other third parties.
17. Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the mygolfexperience Service (including the material which is contributed by Members) are owned by mygolfexperience.com. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the mygolfexperience Service, or any of the material which is found on the mygolfexperience Service unless properly licensed to do so by us.
By submitting any material to the content of the mygolfexperience Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
18. Excluded loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). mygolfexperience.com will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
19. Maximum liability
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of mygolfexperience.com under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £60, or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.
20. Non-excluded Liabilities
Nothing in this Agreement limits mygolfexperience.com's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
21. Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the mygolfexperience Service.
22. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of mygolfexperience.com assign or dispose of this Agreement.
23. Entire Agreement
This Agreement includes our Privacy Policy. Together they contain the whole of the agreement between us and you concerning the mygolfexperience Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
24. Changes to this Agreement
mygolfexperience.com reserves the right to change this Agreement from time to time, and post the new version on the mygolfexperience Service. When we do so, we will notify you of the fact that there are changed terms on the home page(www.mygolfexperience.com), and the new version of these terms and conditions will take effect, and will govern all mygolfexperience Services and your relationship with mygolfexperience.com:
- commencing two weeks after the date of posting (or such later date as mygolfexperience.com indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the mygolfexperience Service; or
- immediately upon the date of posting (or such later date as mygolfexperience indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of mygolfexperience.com’s addresses or email addresses referred to in this Agreement.
25. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
26. Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
27. Contact
You can contact us by post at Michael House 4a Guildford Road, Woking GU22 7PX. If you wish to pay by cheque please make the payable to Cheeky Media Limited and send it to this address. Please make sure you include your email address with all correspondence.
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