These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the golfcaddies.net website (“Website”), “Golf Caddies” mobile application (“Mobile Application”) and any of their related products and services

(collectively, “Services”). This Agreement is legally binding between you

(“User”, “you” or “your”) and Golf Caddies PTY LTD (“Golf Caddies PTY LTD”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Golf Caddies PTY LTD, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

 

Accounts and membership

If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

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User Data and Privacy

We respect your privacy and are committed to protecting it. Our collection, use, and disclosure of your personal data is governed by our Privacy Policy. By using our Services, you consent to the collection and use of information in accordance with our Privacy Policy. This includes, but is not limited to, data collected for account creation, service usage, and marketing purposes. We will never share your personal data with third parties without your consent unless required by law. For more details, please refer to our Privacy Policy.

 

User content

We do not own any data, information, or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, and reliability of your Content. By submitting, posting, or displaying content on or through the Services, you retain ownership of any intellectual property rights you hold in that content. However, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for the purpose of operating, marketing, or promoting the Services. This license does not extend to selling or licensing your Content to third parties for their independent commercial use without your consent.

 

Backups

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

 

Links to other resources 

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

 

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose;(b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; ((f) to submit false or misleading information, including creating accounts with inaccurate details, providing false information to other users, or misrepresenting your identity for fraudulent purposes;; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) to interfere with or circumvent the security features of the Services, including attempts to hack into systems, disrupt the integrity of our databases, or gain unauthorized access to user accounts or confidential information., or (j) to interfere with or circumvent the security features of the Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

 

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Golf Caddies PTY LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Golf Caddies PTY LTD. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Golf Caddies PTY LTD or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Golf Caddies PTY LTD or third-party trademarks.

 

Limitation of liability

To the maximum extent permitted by applicable law, the total liability of Golf Caddies PTY LTD, its affiliates, officers, employees, agents, suppliers, or licensors for any claims under this Agreement, including for any implied warranties, is limited to the amount you paid for the Services in the twelve (12) months preceding the event that gave rise to the liability, or one hundred dollars (AUD $100), whichever is greater. This limitation applies whether the claim is based on contract, tort, statute, or any other legal theory. In no event will Golf Caddies PTY LTD be liable for any indirect, incidental, or consequential damages.

 

Indemnification  

You agree to indemnify and hold Golf Caddies PTY LTD and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any wilful misconduct on your part.

 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New South Wales, Australia, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New South Wales, Australia, and you hereby submit to the personal jurisdiction of such courts.
For international users, if a dispute cannot be resolved amicably within 30 days of written notice, either party may request mediation or arbitration, to be conducted in accordance with the rules of an internationally recognized arbitration center. This process will take place via teleconference or at a mutually agreed location.

 

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Services, and send you an email to notify you at least 30 days in advance of the effective date of the revised Agreement. Your continued use of the Services after the effective date of the revised Agreement will constitute your acceptance of the changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

 

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

support@golfcaddies.net

This document was last updated on September 23, 2024