TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions (the “Terms”) set out the terms on which you make use of the website www.thegolfy.com (the “Site”). Use of the Site includes accessing, browsing or registering to use the Site.
Please read these Terms carefully before you start to use the Site. By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site.
Changes to these Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Change to our Site
We may update the Site from time to time and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.
Accessing our Site
The Site is made available free of charge, although registration to a mobile app may be required in order to access certain parts of the Site. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Use of the Site
You may only use the Site for lawful purposes and you may not use the Site in any way that breaches any applicable local, national or international law or regulation. You also agree not to interfere with, damage or disrupt any part of the Site or any equipment or network on which the Site is stored. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other users from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Site.
Your Access, Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security or any registration process, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
We may terminate your access to the Site at any time.
No Reliance on Information
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied that the content on the Site is accurate, complete or up-to-date.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Linking to the Site
You must not establish a link to the Site (or any content contained within the Site) in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Third Party Links and Resources in our Site
Where the Site contains links to other sites and/or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
You agree to defend, indemnify and hold harmless us, our affiliates, their respective officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), arising out of (i) the use of the Site by you and/or via your account, (ii) any content you transmit via the Site or (iii) a violation by you of applicable law or any agreement or terms with, or rights of, a third party. To the fullest extent permitted by law, we reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, the Site; or
- Use of or reliance on any content displayed on the Site.
If you are a business user, please note that in particular, we will not be liable for:
- Loss of profits, sales, business or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply.
Please note that these Terms, its subject matter and its formation are governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England and Wales.
To contact us, please email us at this address: [email protected]