GolfCode - terms and conditions of use

By using the GolfCode website, you agree with the following terms and conditions. If you do not agree please do not use this site.

Except where otherwise stated on the site, the use of the designation "Golfcode" will be deemed to include GolfCode Ltd and affiliates and/or subsidiaries.

GolfCode reserves the right, at its discretion, to change, modify, add and/or remove elements of these terms and conditions at any time and without notice. Any such modifications will be effective immediately they appear on the GolfCode website.

Please refer back periodically to these terms and conditions for any such changes. Continued GolfCode website use is deemed to indicate that you accept the modified terms and conditions at the time of usage.

Restrictions of materials usage

GolfCode Ltd owns and operates the GolfCode website. GolfCode, the GolfCode logo and "your recovery club" are trademarks of GolfCode Ltd.

From time to time additional trademarks, registered trademarks, related words, domain names and logos that are also the property of GolfCode may appear on the website and may expressly not be used without GolfCode Ltd’s express permission.

Additionally, without limiting the generality of the foregoing, these trademarks may not be used in connection with any products or services that are not GolfCode Ltd’s or are authorised by GolfCode Ltd, or in any manner that is likely to cause confusion among customers or potential customers of GolfCode Ltd, or in any manner that disparages, discredits GolfCode Ltd or brings it into disrepute.

General disclaimer and limitation of liability 

The GolfCode website, any services, information and materials herein are provided on an "as is, where is, as available" basis.

In no circumstances will GolfCode Ltd be liable for general, special, indirect, economic, consequential, exemplary or punitive damages resulting from the use of the GolfCode website, whether in tort, contract or any other cause of action, including without limitation, information or programs, or damage to computers or networks, or from infringement of intellectual property rights, for loss of data, or from breach of privacy and similar personal rights, or any other damages whatsoever, whether or not GolfCode Ltd has been advised of the possibility of such damages.

In any/all such situations, GolfCode Ltd’s liability will be limited to that which is permitted by law.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless GolfCode Ltd, any related companies and or its affiliates from and against all claims, liability, expenses, including all legal fees and costs, arising out of:

• Your use of the GolfCode website, any/all content contained herein, and the placement or transmission of any information or other materials on the website made by you or others using your account
• Your breach of any provisions of these terms and conditions

At its sole discretion GolfCode Ltd reserves the right at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Equally you agree to co-operate as fully as reasonably required in the defence of any such claim.

Furthermore, you agree to notify GolfCode immediately should you become aware of any unauthorised use of your account and to also take reasonable steps as necessary in order to prevent any possible reoccurrence of such event.

Conduct of registered GolfCode customers

In the event that a user registers with GolfCode, or is otherwise granted password protected access to the GolfCode website, that user by the act of registration agrees to act reasonably and expressly and agrees to the following:

• You agree to restrict your use to lawful purposes and to follow any/all GolfCode policies and notices such that are current at that time.
• Any password protected access to any area on the GolfCode website is for use for permitted purposes only.
• You will not divulge your user name, password or account information to anyone who does not agree to these terms and conditions of use.
• Under no circumstances will you allow/provide access to the GolfCode website to any unauthorised person.
• You agree that, in the event that GolfCode Ltd discovers that you are doing or have done so, your account and access to the website may be terminated immediately.
• You agree, warrant and represent that all personal information that you provide to GolfCode Ltd. after being provided with access to the GolfCode website is and will be accurate complete and true.
• You will not do anything, or omit to do anything, which would create unmanageable data flows or loads on hardware, or that would in any manner constitute a threat to the security or proper operation of the GolfCode website, the servers on which it is hosted, and the business of GolfCode Ltd.
• You will not do anything that infringes on the intellectual property rights of GolfCode Ltd or any other party.
• You agree that GolfCode Ltd, in its absolute discretion, is and will be the sole judge of whether you have breached any provision of these terms of use and that any privileges granted to you as an individual under these terms may be revoked, suspended or terminated by GolfCode Ltd at any time without warning or notice.
• Any private dealings regarding sale or exchange of GolfCodes or any item/activity relating to GolfCode is a private matter between individuals and GolfCode accepts no responsibility or liability for any actions, agreements or disagreements made in this way.

Jurisdiction and prevailing law

The GolfCode website is controlled by GolfCode Ltd from its UK registered office - Brunswick House, Pickford Street, Macclesfield, Cheshire, SK11 6JN. The website can be accessed from all of the UK, as well as from other countries around the world and any provinces/territories therein.

As such countries differ from those of the UK, by accessing the GolfCode website, you agree that all matters relating to access to, or use of, the website shall be governed exclusively by the laws of the UK, without regard to the conflicts of laws principles thereof.

Nothing contained in this section shall prevent GolfCode Ltd from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breaking these terms and conditions.

You expressly and voluntarily submit to and agree to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever.

Use of the GolfCode website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorised.

Your protection

In the event that you are dissatisfied with the GolfCode website or with these terms and conditions, your sole and exclusive remedy is to discontinue using the site. In such an event, you agree to destroy all materials obtained by you on the GolfCode website and all copies thereof.

In the event that you unregister and/or discontinue your GolfCode, your unique GolfCode will be re-offered for general sale and you will no longer have sole rights to the code in question. GolfCode accepts no responsibility following discontinuation/un-registration for the return of properties bearing that GolfCode other than to the new owner of that GolfCode from the date of new registration.

These terms and conditions shall survive any such termination.

General

These terms and conditions of use constitute the entire agreement and supersede all prior or contemporaneous communications and proposals, of whatever medium, between you and GolfCode Ltd with respect to your use of the GolfCode website.

The failure or delay of GolfCode Ltd in exercising any right or remedy under these terms and conditions or elsewhere shall not constitute a waiver of such right or remedy.

The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

Severability

If any part of these terms and conditions is determined to be illegal, indefinite, invalid or otherwise voidable or unenforceable pursuant to applicable law, including but not limited to the limitation of liability set out herein, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible the original intentions of the parties.

The balance of the terms and conditions outlined in these terms and conditions of use will continue in full force and effect.

Privacy and security

Given the nature of the Internet, GolfCode Ltd cannot give absolute guarantee that this information will not be improperly accessed or used by third parties and makes no representations or warranties that the GolfCode website, or access to and use of the website, will be error free, uninterrupted, or free from viruses, defects or other harmful components.

Please refer to the separate Privacy and Security Policy section of this site for full information; including the measures GolfCode Ltd has in place to protect its clients/customers.

Golfcode Ltd
Brunswick House
Pickford Street
Macclesfield
Cheshire
SK11 6JN

Reg. Co. No. - 6736681

©2008 GolfCode Ltd.