Terms & Conditions

TERMS OF SERVICE

Welcome to Golf Assistant Ltd (“Golf Assistant”) – “Putting You on the Right Course”.

Please note Golf Assistant is an online service provider and not a publisher or editor of the information provided. Golf Assistant will do its utmost to ensure the information and services provided are accurate and to the best of its knowledge. Golf Assistant cannot be held responsible for any inaccurate information listed. If you identify any errors on this website please email the information to support@golfassistant.co.uk to ensure necessary amendments can be made.

1. ACCEPTANCE OF TERMS

Golf Assistant provides its services to you, subject to the following Terms of Service (“TOS”), which may be updated by Golf Assistant without prior notice to you. You can review the most current version of the TOS at any time at www.golfassitant.co.uk/tos . In addition, when using particular Golf Assistant services, including services hereafter added, you and Golf Assistant shall be subject to any guidelines or rules applicable to such services that may be posted from time to time, including any fees, deposits or commissions that will be charged for such services. All such guidelines, conditions or rules are hereby incorporated by reference into the TOS. Golf Assistant may introduce additional services from time to time that are governed by different terms of service that are posted with respect to those services.

2. DEFINITIONS

In this TOS;

2.1 “Golf Assistant” means Golf Assistant Ltd.

2.2 “Golf Course Guide” means details of the golf courses provided.

2.3 “Hotel Listing” means details of hotels provided.

2.4 “Golf Providers” means organisations providing facilities to play golf.

2.5 “Customers” means internet users, golf courses and hotels.

3. DESCRIPTION OF SERVICES

Golf Assistant currently provides information on an extensive collection of Golf Providers as a Course Guide and details of hotels in the locality of the Golf Courses. The website will allow Customers to view the information. Golf Assistant does not provide a contract between itself and you the Customer. Golf Assistant provides a facility/service to enter into a contract between you the Customer and the Golf Provider or Hotel.

To be able to use the services of Golf Assistant, you must obtain access to the World Wide Web, either directly or through devices that access web-based Information, and pay any service and/or telephone fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. GOLF ASSISTANT PRIVACY POLICY

This Privacy policy applies to the website of Golf Assistant Ltd, 1 Foot of the Hill Farm, Mill Lane , Rainford, St Helens, Merseyside , WA11 8LN . Any enquiries please forward to enquiries@golfassistant.co.uk. Telephone 0845 344 1818.

We respect your privacy. This is why we have taken the time to disclose our information collection practices. Please take the time to review this document.

Information Collection and Use;

Golf Assistant is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Golf Assistant collects information from our users at several different points on our website. Golf Assistant will not contact you or your customers with any manner of third party advertising or promotion without your explicit permission. We strongly value this relationship and do not want to compromise this in any way.

Log Files;
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Registration;
In order to use the full facilities of the website, a user must first complete the registration form. During registration a user is required to give their contact information (such as email address). Any information provided is to improve the experience to our user and no information is used for any promotional or advertising purpose.

Cookies;
A cookie is a piece of data stored on the user's hard drive containing information about the user. By setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. We use cookies for the convenience of our users and do not use them for any targeted/tracking advertising purposes.

Sharing;
We do not share any information (even aggregated) for the purposes of advertising or marketing unless clearly stated and agreed upon by yourself.

Links;
This web site contains links to other sites. Please be aware that we, Golf Assistant, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Golf Assistant at this Web site.

Surveys & Competitions;
From time-to-time our site requests information from users via surveys or competitions. Participation in these surveys or competitions is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code/postal code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Notification of Changes;
If we decide to change our privacy policy, we will post those changes on our website so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

5. YOUR REGISTRATION OBLIGATION

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Registration process (such information being the Registration Data); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is not true, accurate, current and complete, or Golf Assistant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Golf Assistant has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

6. MEMBER ACCOUNT

You will receive a password and account reference upon completing the Registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account reference. You agree to: (a) immediately notify Golf Assistant of any unauthorised use of your password or account reference and any breach of security; and (b) ensure that you exit from your account at the end of each session. Golf Assistant cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. CUSTOMERS CONDUCT

In using the Golf Assistant services, you understand that you are liable for all information, in whatever form, you make available to your customers. You agree not to use the services to;

(a) upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Golf Assistant official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the services;
(e) upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
(j) intentionally or unintentionally violate any applicable local, regional, state, national or international law; or
(k) stalk or otherwise harass another.

You acknowledge that Golf Assistant does not pre-screen any information working in co-ordination with Golf Assistant services, but that Golf Assistant and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the services.

You acknowledge and agree that Golf Assistant may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to; (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Golf Assistant, its users and/or the public.

You understand that the technical processing and transmission of the services, including your information, may involve; (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, United States or the country in which you reside (if different from the aforementioned).

9. INDEMNITY

You agree to indemnify and hold Golf Assistant, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or make available through the services, your use of the services, your connection to the services, your violation of the TOS, or your violation of any rights of another.

10. PUBLIC INFORMATION POSTED TO GOLF ASSISTANT

(a) For purposes of the TOS, "publicly accessible areas" of the service are those accessible by the general public;

(b) With respect to Information you elect to post for inclusion in publicly accessible areas of Golf Assistant Groups or that consists of photos or other graphics you elect to post to any other publicly accessible area of the service, you grant Golf Assistant a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such information on the service solely for the purpose of displaying, distributing and promoting the specific Golf Assistant service to which such information was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the service. This licence exists only for as long as you elect to continue to include such information on the service and shall be terminated at the time you or Golf Assistant delete such information from the service;

(c) With respect to all other information you elect to post to other publicly accessible areas of the service, you grant Golf Assistant the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services, other than as provided within the scope of the services.

12. MODIFICATION TO SERVICE

Golf Assistant reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. Golf Assistant will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that Golf Assistant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.

13. TERMINATION

You agree that Golf Assistant, in its sole discretion, may terminate use of the services, and remove and discard any information within the services, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due to Golf Assistant, or if Golf Assistant believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Golf Assistant may also in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Golf Assistant may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the services. Further, you agree that Golf Assistant shall not be liable to you or any third-party for any termination of your access to the services.

14. DEALING WITH ADVERTISERS AND COMMERCIAL ORGANISATIONS

Your correspondence or business dealings with, or participation in promotions of, advertisers and commercial organisations found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or commercial organisation. To the fullest extent permitted by applicable law, you agree that; (a) Golf Assistant shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and commercial organisations on the service, and (b) any orders placed by you on, and any product specifications, product availability and services appearing on, the service are subject to confirmation by, and the terms and conditions of business of, the relevant commercial organisation.

15. LINKS

The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Golf Assistant has no control over such sites and resources, you acknowledge and agree that Golf Assistant is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Golf Assistant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

16. GOLF ASSISTANT’S PROPRIETARY RIGHTS

You acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Golf Assistant or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

Golf Assistant grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the software. The foregoing is subject to applicable statute and other express law. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the service. You agree not to access the service by any means other than through the interface that is provided by Golf Assistant for use in accessing the service.

17. DISCLAIMER

You expressly understand and agree that;

(a) Your use of the services is at your sole risk. The services are provided on an as is and as available basis. Golf Assistant expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) Golf Assistant makes no warranty that; (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the software will be corrected;
(c) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
(d) No advice or information, whether oral or written, obtained by you from Golf Assistant or through or from the services shall create any warranty not expressly stated in the TOS.

18. LIMITATIONS OF LIABILITY

You expressly understand and agree that Golf Assistant shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, personal time, goodwill, use, data or other intangible losses (even if Golf Assistant has been advised of the possibility of such damages), resulting from; (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the services.

19. EXCLUSIONS OF LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of the TOS sections may not apply to you.

20. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

21. TRADEMARK INFORMATION

Golf Assistant, trademarks and service marks, and other Golf Assistant logos and product and service names are owned by and /or trademarks of Golf Assistant (the Golf Assistant Marks). Without Golf Assistant's prior permission, you agree not to display or use in any manner, the Golf Assistant Marks.

22. COPYRIGHT POLICY / VIOLATIONS

Golf Assistant respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the service, please contact Golf Assistant at support@golfassistant.co.uk

to report the problem.

23. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Golf Assistant may establish general practices and limits concerning use of the Service, including with out limitation the maximum number of days that email messages or other uploaded Information will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Golf Assistant's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Golf Assistant has no responsibility or liability for the deletion or failure to store any messages and other communications or other Information maintained or transmitted by the Service. You acknowledge that Golf Assistant reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Golf Assistant reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

24. GENERAL INFORMATION

These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Golf Assistant and govern your use of the service, superseding any prior agreements between you and Golf Assistant. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Golf Assistant shall be governed by the laws of England & Wales and in conjunction of international law. You and Golf Assistant agree to submit to the exclusive jurisdiction of the English courts. Any failure by Golf Assistant to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.