1. OTHER APPLICABLE TERMS
1.1.2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy
2. INFORMATION ABOUT US
2.1. www.golfshake.com is a site operated by Golfshake Limited trading as golfshake.com (we or golfshake.com). We are registered in England and Wales under company number is 06053533 and have our registered office address at Minton Place, Victoria Street, Windsor, SL4 1EG which is also our main trading address. Our VAT number is GB 913 3011 77.
3. CHANGES TO THESE TERMS
4. SERVICES AND SUBSCRIPTIONS
4.2. We reserve the right to alter the features and subscription fees for each type of account comprising the Services at our discretion. However, this will not affect existing paid Premium, Platinum or Group members until such time as the account is renewed and members will continue to benefit from the services subscribed for during the full year of membership until renewal.
4.3. Golfshake.com does not take any credit card payments nor do we hold any information on credit card transactions. All online payments to golfshake.com must be made via PayPal, a company owned by eBay.
4.4. Your subscription will not be confirmed and we will not have a contract for services with you until we send you an email confirming your subscription (“Email Confirmation”).
5. PLATINUM ACCOUNT AND HANDICAP CARD SERVICE
5.1. By upgrading your membership to a Platinum Account, which includes golfshake.com's Golf Handicap Card Service, you agree to the additional terms and conditions that apply to our Platinum Accounts as detailed on our website.
6. DATA BACK-UP
6.1. Golfshake.com may from time to time offer to provide you with online tools to assist you in backing up your golf scores, golf handicap and other data that you upload onto our site. However we do not promise to provide these tools and it is your responsibility to back-up any data that you provide using any online tools that we provide or otherwise.
6.2. You are responsible for preserving and ensuring the integrity of your data and, whether or not you choose to back up your data using any online tools we provide or otherwise, we shall not be liable for any loss or damage to, or corruption of, data however caused.
6.3. You acknowledge and agree that at any time you may elect to receive from us a written log of the data you have submitted online and accordingly you are able to reduce any potential loss or damage to you of any data that may be lost or damaged on the site.
7. YOUR RIGHT TO CANCEL ANY SERVICES
7.1. If you are a consumer, you have a legal right to cancel your contract for Services under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out in clause 7.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the Services, you can notify us of your decision to cancel your subscription and receive a refund. Advice about your legal right to cancel under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. You have a legal right to cancel your subscription contract during the period of 7 (seven) working days beginning on the day after the date of the Email Confirmation (which is when the contract between us is formed and we start providing Services to you). Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.3. To cancel, please contact us in writing by sending an e-mail to [email protected]. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation notice is effective from the date you sent us the e-mail.
7.4. If you cancel within the required period, you will receive a full refund of the subscription charges. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.3.
7.5. You must return any membership cards and golf handicap cards immediately to us on cancellation.
8.1. We will use reasonable endeavours to keep our site updated, however, we do not guarantee that our site, or any content on it, will be free from errors or omissions.
8.2. At the sole discretion of golfshake.com, we may provide on our site a directory of golf clubs, score tracking and handicap tracking services, online golf community forums, message boards, user comments and blogs, newsletters, reviews, news and editorial features, special promotions, applications, social media platforms and others channels owned, hosted, used or controlled by golfshake.com.
9. ACCESS TO OUR SITE
9.1. We will use reasonable endeavours to make our Services available without interruption except for downtime necessary for maintenance and for reasons outside our reasonable control. We reserve the right to modify, suspend or remove any aspect of our site and services at any time, including availability of services, features and content. We may also impose limits on the site and services or restrict your access to all or parts of the site for technical or security reasons without notice or liability.
10. YOUR ACCOUNT AND PASSWORD
10.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
10.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
11. INTELLECTUAL PROPERTY RIGHTS
11.1. We are the owner or the licensee of all intellectual property rights, including all database rights, in our site, including golfshake.com, golfshake, golfscoretracker, golfshake avatar, golfshake awards, the logo, golf club speech bubbles, site design, headers, graphics and buttons unless otherwise stated.
11.2. We are also owner or the licensee of all material and content published on the site, including all content which is provided by our members and users (see clauses 12.4 and 12.5 below), and these are protected by copyright laws and treaties around the world. All such rights are reserved.
11.3. Other than one copy for your personal use permitted under clause 11.4 below, you must not copy, use, extract or re-utilise any part of the content of our site without obtaining a licence to do so from us or our licensors.
11.4. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only. No further copies or other reproduction shall be made without the prior written consent of golfshake.com. Once new information is added to our database this then supersedes any previous information download and you are permitted to take a copy of the new information once available.
11.5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.6. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
11.8. You may not access, monitor, copy, extract or reutilise any content or information displayed on our site using any robot, spider, scraper or other automated means or any manual process for any purpose without our prior written permission.
11.9. You may not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our site or software in our site in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer, or other reduce to human-perceivable form all or any part of the site or software in our site.
12. UPLOADING CONTENT TO OUR SITE: GOLF CLUB REVIEWS, FORUM AND OTHER INTERACTIVE ELEMENTS
12.2. You warrant that all and any content that you post or upload onto our site, including without limitation, reviews, commentary and images, complies with those standards and you will be liable to us and will indemnify us for any loss, damage, cost, expense or claim that we suffer or incur as a result of any breach of that warranty.
12.3. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
12.4. All data such as golf scores that you upload to our site, will be considered non-confidential and non-proprietary. By uploading data onto our site you are deemed to grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display that data in connection with the services provided by our site and across different media. Our licence is perpetual and will endure even after you delete your data from the site.
12.5. By posting a review of a golf course on our site, you assign to us the entire copyright and all other rights in the nature of copyright subsisting in that review, together with all rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights.
12.6. We have the right to remove any content you post on our site without notice or warning. This includes, but is not limited to, where if, in our opinion acting reasonably, the content you have posted is defamatory or infringes golfshakes.com’s or a third party’s intellectual property rights or is otherwise in breach of our Acceptable Use Policy.
12.8. Views expressed by users on any part of our site do not represent the views or values of golfshake.com.
12.9. Member reviews
12.9.1. Member reviews of golf clubs may only be uploaded for the sole purpose of informing customers of the independent views of the levels of service and quality of the golf club. All reviews must comply with our Acceptable Use Policy.
12.11.1. You must not upload any photograph on our site in which you do not own the copyright or for which you do not have a licence to use from the copyright owner. By uploading an image on our site, you warrant that you are the copyright owner or that you have a licence to use the photograph from the copyright owner. See section 11.1 and our Acceptable Use Policy for further information about actions golfshake.com may take in the case of copyright infringement.
12.12. Third party copyright infringement
12.12.1. It is a breach of our Acceptable Use Policy to infringe any copyright, database right or trade mark of any other person. Please see the Acceptable Use Policy for actions that golfshake.com may take in the event that golfshake.com forms the reasonable opinion that an infringement has taken place.
12.12.2. Any person who considers that members’ content on our site is infringing their copyright should contact us at [email protected].
13. LIMITATION OF LIABILITY
13.3. To the fullest extent permitted by applicable law, all conditions, warranties, representations and all other terms whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded.
13.4. We use reasonable endeavours to ensure that content on our site is genuine and as recent as possible, but we make no representations, warranties, guarantees or any other type of promise, whether express or implied, that the content on our site is accurate, complete or up to date.
13.5. Subject to clause 13.2, we shall not be liable in respect of any Services we provide to you that are made available to you without charge.
13.6. With respect to any Services we provide to you for which you pay subscription fees, subject to clause 13.2, Golfshake.com’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Services shall be limited to the total subscription fees paid by the user during the 12 months immediately preceding the date on which the claim arose.
13.7. We will not be liable to any user of the Services whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in connection with the provision of the Services.
13.8. 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 our site or to your downloading of any content on it, or on any website linked to it.
13.9. We shall not be liable for any loss, damage, cost, expense or claim suffered or incurred by any user as a result of circumstances or events beyond our reasonable control which we could have reasonably forseen or forestalled.
13.10. We assume no responsibility for the content of websites linked on our 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.
13.11. You are solely responsible for the content that you post and the consequences of posting or publishing it. Golfshake.com may at its discretion choose to moderate any comments, reviews or other content posted on the site by users but golfshake.com has no obligation to do so. See the Acceptable Use Policy for further information.
14. VIRUSES, HACKING AND OTHER OFFENCES
14.1. We do not guarantee that our site will be secure or free from bugs or viruses.
14.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
14.3. You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our site will cease immediately.
14.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
15. THIRD PARTY PROVIDERS
15.1. You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you does so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into you, with any such third party, nor do we endorse, recommend or approve any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party and not with golfshakes.com.
16. LINKING TO OUR SITE
16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.3. You must not establish a link to our site in any website that is not owned by you.
16.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
16.5. We reserve the right to withdraw linking permission without notice.
16.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
17.2. If you have a complaint about content that infringes your copyright or other intellectual property or is defamatory, you need to specify exactly what material is infringing or defamatory and specify where on our site the offending material is. From the date upon which the Defamation (Operators of Websites) Regulations 2013 enters into force, if we receive a notice about defamatory content from a complainant that complies with the Regulations, we may follow the procedures set out in those Regulations or alternatively we may decide to immediately remove the content, in our absolute discretion.
18. APPLICABLE LAW AND JURISDICTION
19. CLOSING YOUR ACCOUNT
19.1 You may close your account at any time for any reason by contacting us at [email protected]. If you have a subscription account, we will not be liable to refund any subscription payments paid.
20.1 If you have an enquiry, please contact us using our online form or by e-mail to [email protected].