TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
Golfers Circle brings you this website ("Website") on condition you accept the following terms and conditions ("Terms and
Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions and notices.
2. COPYRIGHT
All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this
Website are copyright Golfers Circle or its content providers, unless otherwise expressly indicated. All rights reserved. You are
permitted to print or download extracts from this material for your personal use only. None of this material may be used for any
commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or
transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or
non-electronic, nor included in any retrieval system or service without the prior written permission of Golfers Circle. Any other
use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or
facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative
works of such material and content.
3. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that Golfers Circle does not always monitor Content (as defined below) submitted by users, but that Golfers Circle
shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the
Website. Without limiting the foregoing, Golfers Circle shall have the right to remove any Content that violates the Terms and
Conditions of Use or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks
associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You
may not submit third party proprietory information to Golfers Circle without first obtaining permission from the owner. Any Content
provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging
in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual,
non-exclusive, unrestricted, world-wide licence allowing Golfers Circle to use, distribute, copy, sub-license, adapt, transmit,
publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in
respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
4. LINK TO THIRD PARTIES
This Website and the Golfers Circle Sites may contain links to websites operated by parties other than Golfers Circle. Such links
are provided for your convenience only. Golfers Circle does not control such websites, and is not responsible for their contents.
Golfers Circle's inclusion of links to such websites does not imply any endorsement of the material on such websites or any
association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be
through third party retailers who link to the Website.Users may also enter into correspondence with or participate in promotions of
advertisers on the Website. Golfers Circle in no way endorses these third parties and any such transactions, dealings,
correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and
services and any other terms, conditions, warranties or representations associated with such matters are solely between the
corresponding user and the third party. Golfers Circle assumes no liability, obligation or responsibility for any part of any such
transaction, dealing, correspondence or participation.
5. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not Golfers Circle, are entirely responsible for all Content that you upload to, post on or
otherwise transmit via this Website. Golfers Circle does not control all the Content posted on the Website and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to
Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
6. Golfers Circle PRIVACY POLICY
Pursuant to Golfers Circle's privacy policy, we may disclose to third parties certain aggregate information collected from you when
you register or while you use the Website, provided that such information will NOT include personally identifying information,
except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the
law, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. You should be
aware that if Golfers Circle is requested by the police or any regulatory or governmental authority investigating suspected illegal
actives, or upon receipt of a court order, to provide any personally identifying information or the contents of any email and/or
information concerning your activities whilst using the Website, Golfers Circle shall do so.Also, Golfers Circle reserves the right
to disclose personally identifying information to third parties where a complaint arises concerning your use of the Website, and
that use is deemed by Golfers Circle to be inconsistent with these Terms and Conditions. For more information, please see our full
privacy policy linked below.
You agree that you do not object to Golfers Circle or such third parties contacting you for any of the above purposes whether by
telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of
your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
7. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and
Golfers Circle hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied,
of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title
and infringement. In addition, Golfers Circle shall not be responsible for the failure of performance of this Website and/or the
software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy,
quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses
transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or
inability to access this Website.
In relation to Content uploaded by users, Golfers Circle shall not be responsible for any such Content posted by users in chat
rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users
expressing such views and are not those of Golfers Circle.
Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under
English law. Golfers Circle will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or
other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products
or services offered on the Website, whether by Golfers Circle or on its behalf, for:
in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit Golfers Circle's liability for death or personal injury resulting from the negligence of Golfers Circle or that of its servants, agents or employees.You agree to indemnify Golfers Circle in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the Golfers Circle Sites.
8. ACCESS RESTRICTION
Golfers Circle reserves the right to deny in its sole discretion any user access to this Website or any other Golfers Circle Site,
or any portion thereof, without notice.Golfers Circle also reserves the right to remove any Content that it deems in its sole
discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.
9. ONLINE COMPETITIONS
The rules set out below ("Competition Rules") apply to each competition Golfers Circle runs ("Competition"). By participating in
each Competition the user as an entrant agrees to be bound by the Competition Rules (and any other rules which Golfers Circle tell
you apply to the Competition) and by the decisions of Golfers Circle, which are final in all matters relating to the Competition.
No correspondence will be entered into and Golfers Circle reserves the right to disqualify any entrant and/or winner in its
absolute discretion.
No purchase is necessary to enter a Competition. All prizes are non-transferrable and no cash or credit alternatives will be offered. Arrangements for the fulfilment of prizes may be made by a third party sponsor. Golfers Circle reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value. All entries must be received by the deadline for that Competition and late or incomplete entries will be disqualified. By you entering a Competition, if you are a winner, you grant Golfers Circle permission to use your name and likeness for advertising and future promotional purposes.
By you entering a Competition you:
(a) assign to Golfers Circle all rights, title and interest (including, without limitation, all intellectual property rights however arising and in whatever media throughout the world) in perpetuity, in all creative material uploaded onto any of the Golfers Circle Sites or otherwise provided by you where such creative material is the subject of the Competition;Winner(s) will be notified by e-mail as soon as possible after the Competition draw/decision. For the names of the winner(s), please send an e-mail via the suggestion box specifying the Competition. If you are a winner, you may have to complete additional legal documents and return them to Golfers Circle within three working days of receipt from Golfers Circle. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected. The receipt, by you if you are a winner, of any prize is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as Golfers Circle may impose. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description including those associated incidental expenses associated with claiming the prize.
Golfers Circle reserves the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to the employees of Golfers Circle or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. Winner(s) of the Competitions agree that neither Golfers Circle nor its employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. No responsibility can be accepted for entries lost of delayed in transmission or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes.
10. GENERAL
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Golfers Circle concerning
your use of the Website and supersedes any previous arrangement, agreement, undertaking or proposal, written or oral between you
and Golfers Circle in relation to such matters. No oral explanation or oral information given by either party shall alter the
interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not
relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and
you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and
Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Terms and Conditions.
These Terms and Conditions of Use shall be governed by and construed in accordance with English law and the parties submit to the
exclusive jurisdiction of the English Courts.
If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then
such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
Golfers Circle's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of
such right or provision unless acknowledged and agreed to by Golfers Circle in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether
pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Golfers
Circle.