TERMS OF SERVICE
The Golfers Card
Acceptance of Terms of SERVICE
The [Republic of South Africa (“South Africa”)] is our Country of Domicile. The Golfers Card controls this Site from South Africa. The Golfers Card makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with the local laws of the other locations. You may not use any materials from this Site in violation of any applicable laws or regulations.
This is a general audience Site for adults. By visiting the Site, you represent, warrant and covenant that you are at least 18 years old (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). Any person using the Site who is under the age of 18 shall not register as a user of the Site and shall not transact on or use the Site.
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we, at the Golfers Card, believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your Account (defined in Section 3).
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site, you consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current Terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU LOGIN TO OR OTHERWISE USE THE SITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF SERVICE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR ONGOING AGREEMENT TO THE TERMS FOR YOUR CONTINUED USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service each time you use the Site (at least prior to each transaction or submission). The Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in the Terms or in other notice to you.
The Site includes content and materials including text, video, webcasts, audio, photos, applications, images, scoring information, trademarks, logos and other intellectual property and proprietary materials which are either owned by, licensed to or otherwise made available to the Golfers Card (the “Content”). Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these Terms.
You may use the Site solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other means or device (each a “Device”), remove, alter, bypass, avoid, interfere with, or circumvent: (i) any copyright, trademark, or other proprietary notices marked on the Site or the Content; (ii) any digital rights management mechanism, other content protection, Device or access control measure associated with the Site or the Content; or (iii) any advertisement on the Site and/or within the Content. You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Site or the Content unless expressly permitted by the Golfers Card in writing. You may not incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make the Site or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Site with any third-party’s content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Content or any portion of the Site. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Site or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Site or the Content, whether or not for profit.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, Copyright Notices (defined in Section 11) and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Access to the Site; Registration and Passwords
In order to access certain features of the Site, or to conduct a transaction through one of our transactional channels, you may be required to register for an account (“Account”).
As part of the registration and Account creation process necessary to obtain access to portions of the Site, you will have to create a membership number with a password. You will provide the Golfers Card with certain registration information, all of which must be accurate and updated. You shall not: (i) select a membership number already used by another person; (ii) use a membership number in which another person has rights without such person’s authorization; or (iii) use a membership number or password that the Golfers Card, in its sole discretion, deems offensive or inappropriate.
Any membership numbers and passwords used for this Site are for individual use only. You are responsible for all use of your Account under any membership number or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are solely responsible for maintaining the security and confidentiality of the password you use to access your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in the sole discretion of the Golfers Card; and the Golfers Card may refer you to appropriate law enforcement authorities. You may send us any queries or concerns regarding your Account at any time by sending an e-mail to: email@example.com
You agree to immediately notify the Golfers Card of any unauthorized use of your password or access to your Account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. The Golfers Card will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with the duty to keep your Account confidential and preventing unauthorized access of your Account. The Golfers Card has the right to provide user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, warrants, to protect members or the Golfers Card). Please note that anyone able to provide your personal identifiable information will be able to access your Account, so you should take reasonable steps to protect this information. You are responsible for all charges incurred up to the time the Account is terminated.
“Public Forum” means an area, site or feature offered as part of the Site that enables users or visitors to such area, site or feature to submit, post, display and/or view submissions and/or to communicate, share or exchange submissions with other users of the Site and members of the general public, including, without limitation, a page where you can submit comments on various blogs, articles and posts.
You acknowledge that anything you submit to the Site, by way of any Public Forum, may be routed through our servers, the servers of one or more third-parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosure at your own risk.
You are and shall remain solely responsible for the submissions submitted and/or posted under your membership number or otherwise by you and for the consequences of submitting and posting the same. You acknowledge that the use or submissions posted in any Public Forum or otherwise is at your own risk. You further acknowledge that we are not responsible for, and we do not endorse the opinions, advice or recommendations posted or sent by users in any Public Forum or otherwise and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit submissions at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen submissions, there may be a delay in the posting of such content to allow for a review process. If we have questions about your submissions including, without limitation, the copyright, we may contact you for further information including, for example, verifying that you own the copyright or otherwise obtained permission to post the material. We are not responsible for the accuracy of any submissions contained in a Public Forum or otherwise. By posting any submission to the Public Forum, you hereby grant a non-exclusive, fully paid and royalty-free, worldwide license to the Golfers Card to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publicly display, modify and translate such submission. By posting any submission to the Public Forum, you represent and warrant that your submission does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person and that such posting of any submission does not breach any contract between you and a third-party.
Your Conduct and Acceptable Use
Your use of the Site must be in a manner consistent with any and all applicable laws and regulations. Submissions to the Site that are illegal or prohibited include those that:
are obscene, patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
harass or advocate harassment of another person or impersonate another person;
contain nudity, violence or offensive subject matter;
involve the transmission of “junk mail” or “chain letters” or unsolicited mass mailing;
promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
exploit people in a sexual or violent manner;
solicit personal information from anyone under 18;
provide any telephone numbers, street addresses, last names, URLs or e-mail addresses;
violate the copyright, trademark or other intellectual property rights of any other person;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
involve commercial activities and/or sales without our prior written consent such as contest, sweepstakes, solicitation of donations, barter, advertising or pyramid schemes;
are fraudulent or infringe the rights of any third-party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights;
distribute a software virus or other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, or to obtain unauthorized access to the Site or the Content or any data or other information of any third-party;
impersonate or falsely state or otherwise misrepresent your professional or other affiliation with the Golfers Card or with any other person or entity.
We protect the security of your personal information. We takes steps to protect your personal information from loss, misuse, alteration, destruction or unauthorized access. We use sophisticated security technologies to secure users’ information. We encrypt users’ information, using Secure Socket Layer (“SSL”) technology. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. SSL is one of the safest encryption technologies available. While we use such sophisticated security technology to secure users’ information, we cannot guarantee that any electronic transaction is totally secure. By accessing and using the Site, you accept that the level of security, at the time of logging in, is sufficient and the risk, any information you provide may be inadvertently disclosed to third-parties through an intrusion or violation of our security features. The Golfers Card will have no liability whatsoever for any such disclosure.
You are responsible for maintaining the secrecy of your membership number, password, and any Account information. It is important for you to be responsible and protect your membership number, password, and computer or other electronic Device against unauthorized users. It is important to log off when you have completed using Devices accessible by others.
Any and all games and their components are offered for informational and/or entertainment purposes only and may not be used in connection with any form of gambling or wagering. The Golfers Card has the right to modify or discontinue, temporarily or permanently, any game, whether in whole or in part, for any reason, without prior notice.
Linking and Framing
The following restrictions apply to all links to the Site from any online, cable or wireless or other site, service or browser:
Neither the Golfers Card logo nor any other logo or service mark of the Golfers Card may be used to link to the Site, to any webpage within the Site, or to any website accessible from the Site, without the express written permission of the Golfers Card.
You may request permission to use one or more of the Golfers Card’s “hyperlink logos” in connection with providing a hyperlink to the front page of the Site. The hyperlink logos include and incorporate the Golfers Card logo, the Golfers Card Site specific logo and the Emirates Golf Federation logo. The Golfers Card’s “hyperlink logos” are the only logos of the Golfers Card permits unaffiliated and non-news third-parties to display on the Internet. Permission is granted subject to the below conditions.
any permitted link to the Site must be to the Site’s home page;
the Site may not be “framed” by any other website, without exception; and
the posting or creation of a link to the Site signifies that you have read the restrictions described herein and agree to abide by their terms.
Links to Third-Party’s Sites
The Site may include hyperlinks to websites operated by third-parties other than the Golfers Card. The Golfers Card does not control any such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Links to and from the Site to sites maintained by third-parties do not constitute an endorsement by the Golfers Card of any third-party’s site, content, or such site’s product or services.
By visiting www.golferscard.ae, you can view and log on to the Golfers Card Handicap Administration System. It is important to note that the Emirates Golf Federation uses The Golfers Card Handicap Administration System applying the USGA Handicap Rules and Guidelines. All handicaps are calculated as per the approved USGA Handicap Rules and Guidelines and the Emirates Golf Federation are licensed to use the USGA system throughout the U.A.E.
The Golfers Card Handicapping Administration System invites you to explore the various publications on the Emirates Golf Federation Handicap System. The USGA Handicap System Manual and other handicapping publications contained in the Handicapping Administration System are copyrighted works. Use of any such materials is subject to the following Copyright Notice and to these Terms of Service:
Copyright Notice: No portion of the content of any of the publications contained in the Handicapping Administration System may be used without the express written permission of the Golfers Card. You may download publications displayed in Handicapping Administration System to any single computer, mobile or other electronic Device only for your: (i) personal and non-commercial use; and/or for (ii) legitimate non-profit educational uses, provided you also retain all copyright and other proprietary notices contained in the materials. Except as set forth above, you may not distribute, reproduce, republish, display, modify, transmit, re-use or use any publications displayed in the Handicapping Administration System on any other website or otherwise without the written permission of the Golfers Card. Any reproduction (for purposes other than those noted above), modification, distribution or republication of materials contained on the Site, without prior written permission of the Golfers Card, is strictly prohibited. The grant of this license is conditional upon your agreement to and compliance with these Terms of Service.
Disclaimer of Warranties
While the Golfers Card uses reasonable efforts to include up to date information on the Site, the Golfers Card makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
THE GOLFERS CARD PROVIDES ACCESS TO THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE GOLFERS CARD DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE GOLFERS CARD DOES NOT WARRANT THAT THE SITE, OR YOUR ACCESS TO OR USE OF THE SITE WILL: (i) BE UNINTERRUPTED; (ii) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) MEET YOUR REQUIREMENTS; OR (iv) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE GOLFERS CARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GOLFERS CARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE GOLFERS CARD MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE GOLFERS CARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE GOLFERS CARD AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE OR THESE TERMS EXCEED: (i) THE AMOUNT (IF ANY) PAID BY YOU TO THE GOLFERS CARD IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) FIVE HUNDRED SOUTH AFRICAN RANDS (ZAR500), WHICHEVER IS LESS.
You agree to defend, indemnify and hold harmless the Golfers Card, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, 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: (i) any breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the servers of the Golfers Card, and/or from any and all use of your Account; (ii) any material posted or otherwise provided by you, or any other subscriber or user of your Account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (iii) any misrepresentation made by you in connection with your use of the Site; and (iv) any breach of any of the representations, warranties or other terms or conditions relating to your use of the Site.
Exclusion of Damages
THE GOLFERS CARD WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE GOLFERS CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE GOLFERS CARD SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. WITHOUT LIMITING THE FOREGOING, THE GOLFERS CARD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF: (i) YOUR FAILURE TO COMPLY WITH SECTION 3 (ACESS TO THE SITE; REGISTRATION AND PASSWORDS); (ii) CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD-PARTY; OR (iii) YOUR FAILURE TO ADHERE TO THE TERMS.
Choice of Law; Dispute Resolution
The Laws of the U.A.E. shall govern the use of the Site and the Terms of Service, without regard to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in the U.A.E. in the Emirate of Dubai.
Termination of Access
Your access to the Site may be terminated immediately without notice if you fail to comply with any term or provision of these Terms of Service. Upon termination, you must cease use of the Site and any related services and destroy all materials obtained from the Site and all copies thereof.
Also, your access to the Site will be terminated if you fail to renew your annual membership. If you do not renew your membership after twelve (12) months of cancelation, termination or suspension, the Golfers Card reserves the right to delete all of your account information including any handicapping information stored on the Site or in any digital, or whatever other, medium maintained by the Golfers Card.
These Terms of Service constitute the entire agreement between you and the Golfers Card, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Golfers Card. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.