GOLFPASS TERMS OF USE

GOLFPASS TERMS OF USEPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITELAST UPDATED 1 JULY 2021

International GolfPass Member?
View the Australian Terms of Use HERE
View the United States of America Terms of Use HERE
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Welcome to the GolfPass website and/or mobile app (Website).  GolfNow, LLC, their parent, subsidiary and affiliated companies (collectively, “we”, “our” or “us”) maintain this Website for your personal entertainment, information, and where you purchase a GolfPass Membership, access to certain benefits, discounts, products, content (including videos), information and other services (collectively, our Services), which may relate to or be provided by our other GOLF Brands (including but not limited to GOLF Channel, GolfNow, GOLF Advisor and/or other third party partners.

1.     YOUR ACCEPTANCE OF THE TERMS OF USE

Please feel free to browse the Website at any time; however, by browsing or accessing any part of this Website including if you access (free or paid for) Services, you agree to these terms of use (Terms of Use). If you do NOT accept the Terms of Use, then please discontinue your use of this Website and do not purchase or access any Services.

We may amend these terms from time to time. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the current terms that apply.  These Terms of Use were most recently updated on the date stated above.

2.     WHAT OTHER TERMS APPLY

These Terms of Use also refer to the following additional terms, which also apply to your use of our Website and access to the Services:

·        Privacy Policy, which tells you about how we collect, use and store your personal data.

·        Cookie Policy, which sets out information about the cookies.

·        GolfPass Subscription Terms and Conditions will apply if you purchase GolfPass Membership

3.     ACCESS TO SERVICES

Our Services are intended for use by users who are over the age of 18 and reside in the United Kingdom or the European Economic Area (EEA) (Territory).  Where you reside outside the Territory and use or attempt to use the Website or any Services, you do so at your own risk and subject to these Terms of Use.  If you are under 18, then by continuing to use the Website or Services, you confirm you have received the consent of your parent or guardian.

You may only access the paid for Services where you have paid the applicable fees in accordance with the GolfPass Terms and Conditions.

You will need to use a personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) that meets the system and compatibility requirements that we establish from time to time. We may change the requirements for certain Devices from time to time and, in some cases, whether a Device is (or remains) compatible may depend on software or systems provided or maintained by the Device manufacturer or other third parties. We advise you to keep all your Devices up to date and installed with the latest versions of all software and systems.

Some of the features are location-based services, so in order to access these you will be required to turn-on your location settings within your Device. If you do not turn-on these settings, you may not be able to access or use some of the Services.  Your location will be tracked and treated in accordance with our Privacy Policy.   Due to technical and other restrictions imposed by content providers, some of the Services and the Devices from which they can be accessed, will only be available in certain locations.  You may not use any software, technology or other methods to disguise your location.

GolfNow LLC without any liability to you and in its sole discretion may suspend your Account at any time and require proof that you meet any eligibility criteria under these Terms of Use. Failure to comply and/or provide proof, will result in the closure of your Account without any further liability (include refunds of any monies held within your Account).

4.     YOUR ACCOUNT DETAILS

Where you create a GOLF Account, you are solely responsible for maintaining the security and confidentiality of the password you use.  Where you believe your GOLF Account credentials have been compromised, you should change them, and contact us for further assistance.   

We have the right to disable your GOLF Account 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 of use or if we know or suspect that anyone else knows or is using your credentials.

5.     OUR PRIVACY POLICY

Your privacy is important to us. Please see our Privacy Policy to find out more information about how we collect and use your personal data through the Website and your use of our Services.

You should also review our Cookies Policy for information regarding how and why we use cookies, including to improve the quality of the Website and the user experience, perform analytics, personalised advertising, tracking information, measuring advertising performance and remembering website preferences.

6.     OUR INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee or otherwise have the rights to the Website and all content, software and materials developed, conceived, originated, prepared, generated or displayed to you via the Website and or Services, protected by copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world (our Intellectual Property Rights).

Subject to Condition 7 below, we grant you limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use the Websites and access (free and paid for) Services and any of our associated Intellectual Property Rights.

Any additional licences granted to you through your purchase of any of our Services, will be governed by the applicable terms and conditions.

7.     RESTRICTIONS ON YOUR LICENCE AND USE

You agree to not do any of the following in relation to the licences granted to you under these Terms of Use or via any (free or paid for) Services:

·                use any of our Intellectual Property Rights for commercial exploitation (whether for profit or not) without our prior written consent;

·                establish a link to the Website from any other website, intranet or extranet site without our prior written consent (which may be withdrawn by us at any time in our sole discretion);

·                do anything that may interfere with or disrupt the Website or our Services;

·                post any information on or send any information via the Website (whether on any bulletin board or in any chat room or otherwise) that does not comply with our Acceptable Use Policy set out at paragraph 8 below;

·                do anything that may infringe the rights of any other person or third party;

·                You may not incorporate our Intellectual Property Rights, or stream or retransmit the content from the Services available, via frames or in-line links, and you may not otherwise surround or obscure any such content with any third-party content, materials or branding;

·                You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate any content made available on the Website or via the Services;

·                You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Service or its servers and infrastructures;

·                You may not either directly or through the use of any Device or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any of our Intellectual Property Rights, (ii) any digital rights management mechanism or other content protection or access control measure associated with our Website, the Services or Content, or (iii) any advertisement on the Website, the Services and/or within Content.

Where you fail to comply with the above (including the Acceptable Use Policy below) we reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Website, or Services or seeking other legal or equitable remedies, including reporting to the relevant law enforcement authorities, for breaches or actions constituting criminal offences.

8.     CONTENT THAT YOU UPLOAD

If you send any comments, suggestions or materials concerning the Website, or our Services or via the Website and/or Services (User Content), we, our parents, subsidiaries and affiliates (including directors, employees, contractors and agents, as well as our partners, licensors and suppliers):

·                you are granting to us a perpetual, royalty-free, non-exclusive, and irrevocable right and licence to use, reproduce, prepare derivative works based upon, distribute, perform or display such User Content, in whole or in part, in any form, media or technology known or hereafter developed; and

·                you warrant that you have obtained all necessary licences and/or approvals to allow us such use.

You acknowledge that the Website may include User Content contributed by other users. No such User Content will have been verified or approved by us and we take no responsible for any such User Content.

9.     ACCEPTABLE USE POLICY

The following rules are a condition of your use of and access to the Website or Services. You are responsible for the content of your communications which you contribute or send via the Website or Service, and they must:

·                be accurate (where they state facts);
·                be genuinely held (where they state opinions); and
·                comply with all applicable law in the United Kingdom and in any country from which they are posted.

Any and all User Content which you contribute to or send via the Website and your use of the Website must comply with the following:

·                 No Interference. You may not interfere with any other user's ability to use or enjoy the Service.

·                 No Bullying. You may not use the Service to threaten, abuse, harass, or invade the privacy of any third party.

·                 Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.

·                 Don't Damage the Service or Our Servers. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Service or its servers and infrastructures. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Service, or to obtain unauthorized access to the Service or Content or any data or other information of any third party.

·                 No Unauthorised Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Service, Content or any information contained therein for any unlawful purpose.

·                 No Collection of Personal Information from Other Users and No Commercial Use. You may not collect information about other users of the Service or use any such information for the purpose of transmitting or facilitating transmission of unauthorised or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorised solicitation.

·                 No Criminal or Unlawful Conduct. You may not use the Service, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of the Service in connection with any site or other use that contains or is associated with information or content prohibited by this section.

·                 No Misuse of the Services or Content. You may not: (1) transmit or make the Service available over a network where it could be used by multiple computers or Devices at the same time; (2) make any software contained in the Service a standalone product; (3) take any action that will infringe on the intellectual property or other proprietary rights of us or any third party software provider; (4) sublicense or assign the software; (5) view or access any content other than within the country or location within the Territory.

·                 Linking. You may link to our home page, provided you do so on a site that is owned by you, in a way that is fair and legal and does not damage our reputation or take advantage of it, or link in such way to suggest any form or association or endorsement. We reserve the right to withdraw linking permission without notice.

10.  MONITORING

We may, but have no obligation to, monitor the use by you and other end users of our Services. During monitoring, any information relating to any user or their respective activities on our Services may be examined, recorded, copied, and used for authorised purposes in order to enforce these Terms of Use and in accordance with our Privacy Policy. We always reserve the right to disclose any information posted on any portion of our Services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in our sole and absolute discretion are objectionable or in violation of these Terms of Use.

11.  DISCLAIMER OF WARRANTIES

We use reasonable efforts to include current information on the Website, our Services and Content, however we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We provide our services on an “as-is” and “as-available” basis. To the maximum extent permitted by law, we, our parents, subsidiaries, affiliates, (including directors, employees, contractors and agents as well as partners, and licensors) disclaim any and all warranties and conditions, statutory or otherwise, (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement). Without limitation, we do not warrant that our Website, or your access to or use of our Services will:

·                 be uninterrupted;
·                 be free from inaccuracies, errors, viruses or other harmful components;
·                 meet your requirements; or
·                 operate in the configuration or with the hardware or software you use.

12.   OUR TOTAL LIABILITY TO YOU

To the maximum extent permitted by law we, including our parents, subsidiaries and affiliates (including our directors, employees, contractors and agents as well as our partners, licensors and suppliers),  exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any loss or damages, (including but without limitation to any direct, indirect, special, consequential, punitive or incidental) of profits; data or other intangibles; to goodwill or reputation; costs of substitute goods and services; denial-of-service attacks, to computer equipment, software or viruses; arising out of or related to the use, inability to use, delay in operation or transmission, interruption, performance or failures of the Website and/or Services, irrespective of whether such loss or damages were foreseeable, arising in contract, tort (including negligence) or otherwise.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

13.  WE ARE NOT RESPONSIBLE FOR THIRD-PARTY WEBSITES AND CONTENT

For your convenience, we may provide links to other websites that maybe owned and controlled by third parties ((“Third-Party Websites”). Your use of such Third-Party Websites is at your own risk, and your access is subject to the applicable terms and conditions of such Third-Party Websites. We:

·                   make no warranties or other agreements regarding such Third-Party Websites;
·                   have no responsibility for the contents of such Third-Party Websites; and
·                   will not be liable for any loss or damage caused by your use of or reliance on such Third-Party Websites.

14.  YOU WILL INDEMNIFY US

You agree to defend, indemnify and hold harmless us, our parent, subsidiaries and affiliates, including our respective directors, officers, employees, contractors and agents as well as our partners, licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from:

·                   any breach by you of these Terms of Use;
·                   claims brought by third parties, relating to your access or use of the Website and/or Services; and
·                   any misrepresentation, act or omission made by you in connection with your use of this Website or Services.

15.  INFRINGEMENT POLICY

We do not interfere with standard technical measures used by copyright owners to protect their materials.  If you believe that any such third-party materials infringe your intellectual property, please send a written notice to us and request a review of the alleged infringement:

By mail:       General Counsel, Intellectual Property
NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112

By e-mail:    [email protected]

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, must include the following information:

·                   Your name, address, telephone number, and e-mail address;
·                   A physical or electronic signature of a person authorised to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
·                   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
·                   Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
·                   A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright or other proprietary right owner, its agent, or the law; and
·                   A statement that the information in the notice is accurate, and under penalty of perjury, that you are, or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed or the person defamed.

16.  EXPORT CONTROLS

Our site is directed to people residing in the United Kingdom and the European Union. We do not represent that content available on or through our site is appropriate for use or available in other locations.

Software and goods from our Services are further subject to export controls. Any person or entity, residing or locating in any country that is the target of any sanctions administered by OFAC, the US State Department, the United Nations Security Council, the United Kingdom, the European Union or any member thereof (collectively, Sanctions Laws), may not download or otherwise access the Website or the Services.  Such countries include: Iraq, North Korea, Iran, Syria, Afghanistan, Sudan.

17.  THIRD PARTY TERMS (Apple, Android and Sky devices)

If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms of Use by reference:

·                   These Terms of Use are entered into between you and us and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as a third-party beneficiary as contemplated below.

·                   The license granted to you in these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.

·                   You acknowledge that we, and not Apple, are responsible for providing our Services and any content.

·                   You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.

·                   To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services.

·                   Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and us, we and not Apple are responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  

·                   Further, you agree that if our Services, or your possession and use of our Services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defence, settlement or discharge of any such intellectual property infringement claims.

·                   You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

·                   When using our Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with our Services.

The following terms apply where you download, access and use the GolfPass and its Services through an Android mobile device:

·                   You acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon the your acceptance of these terms, Google will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.

·                   The licences granted to you in these Terms of Use is subject to the current Google Play Terms of Service (see: https://play.google.com/intl/en-US_us/about/play-terms/index.html).

·                   You acknowledge that GolfNow Compete, and not Google, are responsible for providing the GolfNow Compete App and Services.

The following terms apply where you download, access and use the GolfPass and its Services through a Sky Q device:

·                   You acknowledge and agree that Sky Q, are third-party beneficiaries of these Terms of Use, and that, upon the your acceptance of these terms, Sky Q will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.

·                   The licences granted to you in these Terms of Use is subject to the current Sky Q Terms of Use (see: https://www.sky.com/shop/terms-conditions/sky-q/). Where applicable, if there is any inconsistencies between the GolfPass Terms and Use and Sky Q’s Terms of Use, then Sky Q’s Terms of Use shall prevail.

·                   You acknowledge that We, and not Sky, are responsible for providing the GolfNow Compete App and Services (including development, maintenance and on-going support).

·                   If you have any queries or complaints regarding the GolfPass App you will contact the GolfPass Customer Support team and not Sky.

 
18.  GENERAL LEGAL TERMS

If any of these Terms of Use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, will be deleted but the remaining terms, will continue to be valid to the fullest extent permitted by law.

The headings in these Terms of Use are included for convenience only and shall not affect their interpretation. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall, be deemed to be followed by the words “without limitation”, shall be construed as illustrative, and shall not limit the sense of the words, description, definition, phrase or term preceding such terms.

Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of your or our rights or remedies.

We are free to transfer our rights and obligations under these Terms of Use to any company, entity or person. You must not transfer any of your rights or obligations to anyone else, except with our written consent.

You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access our Services, and all charges related thereto, are your sole responsibility.

These Terms of Use are governed by and subject to English law, and you submit to the exclusive jurisdiction of the courts of England & Wales.