When you use the Private Golf Connections Inc. (“PGCI”) web site found at www.privategolfconnections.com (the “Site”) and its Services you agree to be bound by all of the terms and conditions of this Agreement.
This agreement describes the responsibilities, the Code of Conduct and the limits of our liability, among other things. Please read the following terms and conditions carefully, as they form the agreement between you and PGCI. If you do not agree to these terms and conditions, you may not use the Services and should not proceed through the application process to become a Member.
1.0 What is the Private Golf Connections Inc. Web Site?
The Site is a publicly and globally accessible internet site. The Site is an internet membership site not a referral service, designed primarily to provide the opportunity for its Approved Members to meet and or play golf with other Approved PGCI Members. PGCI does not interview, screen, or perform background checks on any member, other than to confirm that the applicant or member is in good standing at their stated private golf club(s).
2.0 User Agreement
This Agreement constitutes your agreement with Private Golf Connections Inc. ("PGCI") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means PGCI or any successor or assign of PGCI.
3.0 Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
4.0 Adult Status Confirmation
You represent, warrant and covenant that you are at least 18 years old.
5.0 Membership Categories
Users of the Service may become "Guests", "Pending Members" or "Approved Members" of the Service.
Guests are allowed access to the publicly accessible area of the Site. They may use whatever Services are available to them including being able to Refer a Friend and Register to the PGCI Newsletter. These Services are free of charge.
Pending Members are members that are part way through the application process, but have not received their final approval notification. They will be held in a pending mode and will not be allowed to use the full functionality of the Services that the approved Members of the Site receive.
Approved Members are provided with complete access to full features of the Services available in the Members area of the Site.
6.0 Fees and Payments
PGCI reserves the right to change our pricing policy at any time at our sole discretion, which may from time-to-time result in a change to its fee structure. Any changes to the fees will take effect the next time that a particular Service is being purchased. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.
6.1 Fees
Fees are the amounts payable by the Members to PGCI for the various Services and Products that it offers. PGCI has three fee categories and these are identified below.
6.1.1 Annual Membership Fee – This fee is charged at the time that a new Member joins and it will be renewed annually on the anniversary date of that Member joining. The membership fee can vary due to: the Tier level that the private golf club to which the applying Member is a member of, or the availability to that Member of any approved PGCI Membership promotions that may be in effect at that time.
6.1.2 Token Purchases – In order to fully leverage the Services made available on the PGCI Member area of the Site, Tokens will need to be purchased. These purchased tokens will be stored within your personal and private profile area and they can be used to pay for the Services when and as needed by the Member. Additional tokens can easily be purchased when needed through the on-line SSL Secured Token purchasing system.
6.1.3 Other Services or Products – From time to time PGCI will hold events, Special Promotions, offer Products or provide additional Services for the Members. Please note these Other Services or Products are other Services and Products that are not considered Membership Fees or Token purchases. These Other Services and Products and their related fees will be clearly identified on the Site as such. Members will then pay the related fees and any stated service charges at the time they request or sign up for that event or promotion or when they request to purchase those specific Services or Products.
6.2 Taxes
In addition to the stated Fee amounts, Members will also be responsible to pay all applicable taxes. These taxes may vary based on where the Member is located in the world. The tax amounts will be clearly stated before the Member accepts the order to be processed. The receipt that will be issued for the total payment will detail the amounts charged including all applicable taxes. If the tax amounts are not known then none will be charged, and it is the responsibility of the Member to ensure that they pay their applicable taxes.
6.3 Mulligans
The Mulligan Reward Program is available only to Approved Members of PGCI. Mulligans are a form of credit given out to a Member by the PGCI system as a result of participation of that Member in the various Services within the Site, and as such are not purchased. These earned Mulligans will be tracked within your personal and private profile area and they can be used to purchase Rewards from the rewards area found in the Members area of the Site.
Should a Member not renew their annual membership, terminate their membership or have their membership terminated by PGCI, these rewards are deemed as lost and can not be claimed by the Member. Mulligans are non-transferable.
6.4 Payment Methods
Approved Members can pay for their membership fees, Token purchases and other fees that may be charged from time to time, only by using credit cards. The PGCI on-line payment system is highly secure and uses 128 Bit SSL encryption. To ensure the highest security possible, PGCI uses the world leading Verisign SSL secure encryption system. Please feel free to click on the Verisign logo on our web site to verify PGCI’s authenticity. Acceptable credit cards are clearly identified in the payment process system.
6.5 Currency
All Fees related to the PGCI Site are in the currency of the United States Dollar or USD unless otherwise noted.
6.6 Refunds
Please read this section carefully. In this section private golf club can also mean private golf resort, private golf course or private golf & country club.
6.6.1 Membership Fees:
6.6.1a) The payment in part or in whole, INCLUSIVE OF ALL APPLICABLE TAXES, for your annual membership with PGCI is NON-REFUNDABLE under any circumstance, including but not limited to cancellation of the membership by the member or by PGCI.
6.6.1b) Should a new applicant for membership into PGCI falsify any information on their application, including but limited to, stating that they are currently “a member in good standing” of their private golf club, and during the PGCI approval process they are found not to be in good standing, PGCI will allow the Pending Member 10 days from the application date, to rectify and prove that they are a “member in good standing” at their private golf club. Should they not be able to rectify and prove their standing, then they will not be allowed to join PGCI as an Approved Member and the Membership Fee charged will NOT BE REFUNDED.
6.6.1c) Should a new applicant for membership into PGCI state that they are a member of a private golf club somewhere in the world, which is found not to be a private golf club, but in fact is a semi-private, public or municipal golf club, then this Pending Member will not be allowed to join PGCI as an Approved Member and the Membership Fee charged will NOT BE REFUNDED.
6.6.2 Token Fees:
6.6.2a) THE PURCHASE OF TOKENS, INCLUSIVE OF ALL APPLICABLE TAXES, IS NON-REFUNDABLE. Any unused Tokens will remain credited to your account for a period of 180 days after your last login and will not be refunded if unused, even if you are no longer using the Service.
6.6.2b) Tokens are non-transferable.
6.6.3 Other Services or Products:
6.6.3a) Events – Under certain circumstances Refunds may be available. Please check the detailed terms and conditions attached to that event.
6.6.3b) Products – Should a product be purchased from the PGCI Site, Refunds will be available if the Product is defective and it is still within the warranty period, or if the Product is damaged when received. Shipping charges are non-refundable. Please check the detailed terms and conditions attached to the sale of that Product.
7.0 Privacy and Use of Information
Please see the PGCI Privacy Policy at www.privategolfconnections.com/privacypolicy. By using the services you have also agreed to our Privacy Policy.
8.0 Removal of Information
While PGCI does not and cannot review every message or other material posted or sent by Members using the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct or the Privacy Policy set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.
9.0 Termination of Access to Service
PGCI may, in our sole discretion, terminate or suspend your membership to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your membership to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
10.0 Proprietary Information
The Service contains information which is proprietary to PGCI, our partners, and our Members. We assert full copyright protection in the Service. Information posted by us, our partners or Members using the Service may be protected whether or not it is identified as proprietary to us or to them. You understand and acknowledge that the Site and any necessary software used in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws including copyright law. You agree not to attempt to decipher, decompile, appropriate, modify, copy, distribute or create derivative works based on the Site or source code of any of the software available on or through the Site. For additional information, please refer to our Legal Section.
11.0 No Responsibility
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
12.0 Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity of the Services within the Site by users using your sign-in name and password, including but not limited to use of your password by any third party. Please see the Privacy Policy at www.privategolfconnections.com/privacypolicy for additional details.
13.0 External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. Please see the Privacy Policy at www.privategolfconnections.com/privacypolicy for additional details
14.0 Indemnity
You agree to indemnify PGCI, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or privacy Policy or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
15.0 Limitation of Liability
I AGREE THAT PRIVATE GOLF CONNECTIONS INC. WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE AND THE MATERIALS PROVIDED, EVEN IF PRIVATE GOLF CONNECTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, I agree that Private Golf Connections Inc’s. aggregate liability for damages shall be limited to $100 USD. I understand that the limitations of liability and disclaimers in these Terms and Conditions of Use apply regardless of the form of action.
16.0 No Warranties
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk.
We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by PGCI, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
17.0 Modifications
PGCI may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
18.0 Disclosure and Other Communications
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any PGCI related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.
19.0 Governing Law
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
20.0 Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. PGCI has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of PGCI, if PGCI's obligations hereunder are assumed by a third party, PGCI shall be relieved of any and all liability under this Agreement.
© Private Golf Connections Inc., 2006.
