BOOKGOLF365.com

Terms and Conditions of Use

1. Introduction

1.1 This legal notice applies to the entire contents of this booking engine. Please take some time to read these Terms and Conditions of Use ('Terms of Use') as by using this booking engine you indicate your acceptance of these Terms of Use regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this booking engine. By using any part of the booking engine, you shall be deemed to have accepted this legal notice in full. Stop using this booking engine immediately if you do not accept and agree to be bound by the terms of use.

1.2 This booking engine is powered by BOOKGOLF365 and allows you to book tee times online via one of our booking engines. By accepting the Terms of Use and/or using any part of this booking engine, you agree to conduct your use of this booking engine and the technology supporting it and provided on this booking engine in accordance with the Terms of Use and that the Terms of Use are an agreement between BOOKGOLF365.com and you.

1.3 BOOKGOLF365 will endeavour to arrange a tee time booking with any Golf Club on this booking form. BOOKGOLF365 acts as a booking agent only in arranging the golf booking between the Golf Club named in your booking confirmation and you. In the course of arranging the golf booking BOOKGOLF365 will collect payment from you on behalf of the Golf Club. BOOKGOLF365 cannot be held responsible if you do not meet the Golf Club requirements to play golf, or if you do not have available all necessary documentation required by the Golf Club.

1.4 As BOOKGOLF365 is a booking agent only, once a booking is made all and any obligations shall be between you and the Golf Club and BOOKGOLF365 shall not have any obligations to you thereafter.

1.5 BOOKGOLF365.com may revise this legal notice at any time by updating this posting. You should check the booking engine from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the booking engine.

1.6 All references to booking engine in these Terms of Use are deemed to include reference to all bookings made through BOOKGOLF.

2. Definitions

BOOKGOLF365.com ” means the website address of the Company. Access to the Site and the Service are offered to you upon condition of your acceptance without modification of the Terms and Conditions below. By viewing and using the Site you are deemed to consent to and accept the Terms and Conditions. Please therefore read this contract carefully as it sets out your rights and obligations with respect to the use of the Site and the Service.

“Company” means BookGolf365, a company incorporated under the laws of Ireland under Company number 582291, having its registered office at Rathdown House, Dublin Institute of Technology, Grangegorman Lower, Dublin 7, D07H6K8, the owner of BOOKGOLF365.com .

“Contract” means any contract which may be deemed to exist between you and the Golf Club.

Golf Club” means the Golf Club where you will book a tee time through this website.

“Intellectual Property” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), 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, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Service” means the facility to book tee times online via our booking engine.

Service Fee” means the fee charged for the use of the tee time booking service.

“Site” means the online platform www. BOOKGOLF365.com through which the Service is provided.

“User” means the Person or Entity who uses the Company’s Service and accepts the obligations under these Terms and Conditions.

3. General

3.1 The Company shall have the right at any time to change or modify the Terms and Conditions applicable to the User’s use of BOOKGOLF365.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use.

3.2 The Company reserves the right to modify the Terms and Conditions at any time and at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the Terms & Conditions for modifications. By continuing to use the Services, the User agrees to be bound by the amended Terms & Conditions.

3.3 Access to certain areas of the site may require the User to open an account with BOOKGOLF365.com. The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities which occur under the User's accounts or passwords. The User agrees to immediately notify the Company of any unauthorised use of the User's accounts, passwords, or any other breaches of security known to the User. The Company shall not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by the Company or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following instructions on the Site.

3.4 The Company reserves the right to require you to change your user name for any reason.

3.5 The Company reserves the right to alter the Service ( BOOKGOLF365.com website pages) at any time including content, hours of use, media platform as well as equipment needed to access the Service.

3.6 If you experience any difficulties while attempting to access the Service, please contact us .

4. Licence & Rights

4.1 The Intellectual Property in all design, text, graphics and other material and the selection or arrangement of such material on the Site and in respect the Service is owned by BOOKGOLF365 and/or our respective licensors.

4.2 The User may not copy, modify, reproduce, republish, transmit, distribute, or in any way exploit, any of the content of BOOKGOLF365.com, in whole or in part, without the express written permission of the BOOKGOLF365. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice or any other Intellectual Property rights shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. All other rights are reserved by BOOKGOLF365.

4.3 The User consents to the Company sharing its information held with the Golf Union of Ireland and Golfnet database.

5. Warranties & Liabilities

5.1 BOOKGOLF365 does not provide insurance to any of the Users.

5.2 BOOKGOLF365 provides the Service on an "as is" and "as available" basis, and the User uses the Site at his/her sole risk.

5.3 BOOKGOLF365makes no warranty that the Site will meet the User's requirements; nor that the Site will be uninterrupted, timely, secure, or error free; nor does BOOKGOLF365make any warranty as to the results that may be obtained from the use of the Site; nor as to the accuracy or reliability of any information obtained through the Site; nor that defects in the Site will be corrected.

5.4 BOOKGOLF365shall not be responsible for the effect or result of the introduction or entry of any virus into the Site.

5.5 The User understands and agrees that any content and/or material downloaded or otherwise obtained through the use of the Site is done at the User's own discretion and risk. BOOKGOLF365. The Company shall not be responsible for any damage to the User's computer system or loss of data that results from the download of such content and/or material.

5.6 BOOKGOLF365 shall use reasonable endeavours to ensure that the Site and any information it holds on the User are kept secure. However, due to the nature of the internet, the Company cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the Site by means such as, without limitation, computer hacking. Your data may be transmitted to Golfing Union of Ireland and Golfnet databases who will use the data for the purposes of operation of the system to include tracking scores, handicap and rounds played. The Golf Union of Ireland may wish to use your data for marketing and other purposes and the data may also be shared with third parties provided however, there are two opt out boxes which must be ticked if you do not want your personal information used by the Golfing Union of Ireland or shared with third parties for marketing and other purposes.

5.7 From time to time, the User’s access to the Service may be suspended in order for work to be carried out relating to upgrading or maintenance or otherwise as necessary for the provision of the Site. The Company shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.

5.8 BOOKGOLF365.com may be linked to or from other websites that are not maintained by the Company. The Company does not control in any respect any information, products or services offered by such other websites and shall not be responsible for the content of such other websites.

5.9 The User may be able to buy goods or services via BOOKGOLF365.com, some of which may be through third party retailers who link to the website. The User may also enter into correspondence with or participate in promotions of advertisers on BOOKGOLF365.com. The Company in no way endorses these third parties and any such transactions, dealings, correspondence with or payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the User and the third party. The Company assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

5.10 The Company shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the provision of the Service or their use by the User.

6. Compliance

6.1 The Company shall have the right, but not the obligation, to monitor the content of BOOKGOLF365.com, including community areas (if any), to determine compliance with these Terms and Conditions and any operating rules established by the Company and to satisfy any law, regulation or authorised government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on BOOKGOLF365.com.

6.2 The Company reserves the right to terminate all or part of the Service at any time without notice, and without issuing any refunds if the User is in breach of the Terms & Conditions. The Company shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Service or any part thereof.

6.3 The Company reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription. The User can renew the subscription within 14 days only, following the expiry of the subscription period. After this 14 day period, the User who has not renewed the subscription will not be able to access the account and all data and information relating to the account will be deleted. If the User seeks to renew an expired subscription and account, the Company, at its sole discretion, may allocate a new account to the User.

6.4 No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of the Company and any attempted assignment and delegation without such consent shall be void and without effect. The Company shall be entitled to assign the Contract.

6.5 If the whole or any part of any provision of these Terms & Conditions is or becomes invalid, void or unenforceable for any reason, the same shall to the extent required be severed from these Terms & Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms & Conditions and shall in no way affect the validity or enforceability of any other provisions.

6.6 The User agrees to indemnify, defend (at the Company’s request), and hold the Company, its parent, subsidiaries, affiliates, officers, employees and representatives harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of:

a) the User's use of the Service or any part thereof,

(b) the violation of these Terms & Conditions or any provision therein by the User,

(c) the publication of any User content,

(d) the viewing of any User content by any third party,

(e) or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Service,

(f) of any Intellectual Property rights of any person or entity, and

(g) the use or misuse by the User or third parties of the User's passwords or accounts.

6.7 These Terms & Conditions and the User’s access to and use of the Service are subject to the laws of Ireland and you submit to the exclusive jurisdiction of the Courts of Ireland.

6.8 The Company shall not be liable to the User or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Service, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:

a) Act of God, explosion, flood, tempest, fire or accident;

b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;

c) acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

d) import or export regulations or embargoes;

e) strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);

f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;

g) power failure or breakdown in machinery;

h) closure of a golf course.

7. Payment

7.1 A booking may only be made by paying the stated amount and the Service Fee. BOOKGOLF365.com shall immediately release payment of the agreed fee to the relevant Golf Club and any query in respect of same, should be addressed to the Golf Club directly.

7.2 The Service Fee and its payment are incorporated into these Terms & Conditions.

7.3 The Company may vary the Service Fee from time to time by or posting details of the changes on the home page of BOOKGOLF365.com.

7.4 This Service is provided by the Company on an “at your own risk” basis. The Company assumes no responsibility for any losses or damages resulting from the User’s use of the Service or for any link, information, product or opportunity contained within this Site, within any publication we authored or published, or within any information disclosed by the Company in any form whatsoever.

7.5 The Company accepts no responsibility for the condition of any golf course and in the event that your booking should be cancelled by the Golf Club you may be entitled to credit in par equal amount paid to be used at another time however all matters in this regard must be dealt between the User and the Golf Club. BOOKGOLF365 strongly advises that the User checks in advance if the golf course is playable before making any journey and BOOKGOLF365 makes no representation as to the condition of any golf course.

7.6 Users are strongly advised to confirm their bookings with the golf course at least 48 hours in advance of the approved tee time.

7.7 In the event that a booking is made on the website and the golf course is closed (temporary greens is not included in the definition of closure) and unavailable to play, the User may be entitled to a credit in par equal amount paid to be used at another time.

8. Refund and Cancellations

8.1 BOOKGOLF365 is a booking agent only and once the booking is made, the Contract is with the Golf Club and not with BOOKGOLF365.

8.2 Any golf fees booked shall be paid to the Golf Club and the Golf Club shall be responsible for all refunds which may be due to a golfer. Service fees shall not be refundable by the Company.

8.3 You may only cancel a booking directly with the Golf Club. No refund is possible for cancellations less than forty eight (48) hours prior to the reserved tee time date and time and for “no shows”. Please ensure that you are familiar with the refund policy of the Golf Club as certain breaches of rules such as late arrival may result in the Golf Club refusing to allow you to play without the requirement to issue a refund. No service fees will be refunded. If a refund is payable, and BG365 makes no assertion or claim that it is payable or not however if one is repayable, then any claim in respect of same shall be directed to the Golf Club.

8.4 Service fees shall not be refundable once a booking is made.

9. Cookies Policy

9.1 BOOKGOLF365.com uses cookies. By using the Site and agreeing to this policy, the User consents to BOOKGOLF365.com’s use of cookies in accordance with the terms of this policy. Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers. There are two main kinds of cookies, session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

9.2 This Cookie Policy applies to BOOKGOLF365.com (The Site). This Cookie Policy forms part of and is incorporated into BOOKGOLF365.com’s Terms and Conditions. By accessing the Site, the User agrees that this Cookie Policy will apply whenever the User accesses the Site on any device. Any changes to this policy will be posted on BOOKGOLF365.com. The Company reserves the right to vary this Cookie Policy from time to time and such changes shall become effective as soon as they are posted. The User’s continued use of the Site constitutes an agreement to all such changes.

9.3 The Company may collect information automatically when you visit BOOKGOLF365.com, using cookies. The cookies allows the Company to identify your computer and find out details about your last visit. The User can choose not to allow cookies. However, we can't guarantee that your experience with BOOKGOLF365.com will be as good as if you do allow cookies. The information collected by cookies does not personally identify you; it includes general information about your computer settings, your connection to the Internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Website and your location. Most internet browsers accept cookies automatically, but you can change the settings of your browser to erase cookies or prevent automatic acceptance if you prefer.

9.4 The following types of cookie are used on this site;

a) Personalisation cookies

These cookies are used to recognise repeat visitors to BOOKGOLF365.com and in conjunction with other information we hold to attempt to record specific browsing information (that is, about the way you arrive at the Site, pages you view, options you select, information you enter and the path you take through the Site). These are used to recommend content we think you'll be interested in based on what you've looked at before.

b) Analytics cookies

These monitor how visitors move around BOOKGOLF365.com and how they reached it. This is used so that we can see total (not individual) figures on which types of content users enjoy most, for instance.

c) Third-party service cookies

Social sharing, video and other services BOOKGOLF365.com offers are run by other companies. These companies may drop cookies on your computer when you use them on our site or if you are already logged in to them.

d) Our own ad serving and management cookies

The Company may sell space on BOOKGOLF365.com to advertisers. As part of this, the Company uses several services to help us and advertisers understand what adverts you might be interested in. These cookies hold information about the computer - they don't hold personal information about you (i.e. it's not linked to you as an individual) but they might hold a record of what other websites you've looked at.

e) Site management cookies

These are used to maintain the User’s identity or session onBOOKGOLF365.com. For instance, where BOOKGOLF365.com is run on more than one server, we use a cookie to ensure that you are sent information by one specific server (otherwise you may log in or out unexpectedly).


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