The Online Golf Company Limited

TERMS OF USE

IMPORTANT LEGAL NOTICE

Attention: This legal notice applies to the entire contents of this website under the domain names www.teebookers.com and www.fancyaround.co.uk (and any other chosen domain names from time to time) (“website”) and to any correspondence between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use this website. This notice is issued by The Online Golf Company Limited (“The Online Golf Company”, “we”, “our” or “us”).

1. General

1.1 Access to and use of the Website, and the information and search services available through the Website, are subject to these terms and conditions of use (the "Terms and Conditions"). By accessing any part of this Website, you are agreeing to these Terms and Conditions in full. If you do not accept these Terms and Conditions in full, you must leave this Website immediately. These Terms and Conditions prevail over any other terms and conditions in any other document or order that you place or other terms which may be implied in any way. No variation of these Terms and Conditions shall be effective unless agreed in writing between you and us.
1.2 You will be able to access most areas of this Website without registering your details with us. Certain areas of the Website may only be open to you if you register.
1.3 We may revise these Terms and Conditions at any time by updating this posting. You should check this Website from time to time to review the then current Terms and Conditions, because they are binding on you. Certain aspects of these Terms and Conditions may be superseded by expressly designated legal notices or specific terms located on particular pages at this Website.
1.4 Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

2. Warranties and Disclaimers

2.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
2.2 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you this Website on the basis that we exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms and Conditions may have effect in relation to this Website, except where these have been expressly warranted.

3. Intellectual Property and Content

3.1 The copyright and other intellectual property rights in all content and material on this Website (including without limitation photographs, logos, trade marks and graphical images) are owned by The Online Golf Company Limited or its licensors, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.
3.2 You may print and download extracts from this Website solely for your own personal use on the following basis:
(a) no documents or related graphics on this Website are modified in any way
(b) no graphics on this Website are used separately from the accompanying text
(c) our copyright and trade mark notices and this permission notice appear in all copies.
3.3 Except as stated in paragraph 3.2 above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.4 Use of any extracts from this Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to
(a) publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website
(b) use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise.
(c) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website
3.5 If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

4. Service Access

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

5. Visitor Material and Conduct

5.1 Other than personally identifiable information which is covered under the Privacy Policy (see http://www.fancyaround.co.uk/player/privacy.php) any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.
5.2 You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
(a) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
(b) that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
(c) for which you have not obtained all necessary licences and/or approvals;
(d) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
(f) which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
5.3 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
5.4 You shall fully indemnify The Online Golf Company Limited, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this paragraph 5.

6. Links to and from other websites

6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
6.2 If you would like to create a link to this Website, please contact us first at admin@teebookers.com to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with The Online Golf Company Limited, nor present any other false information about us;
(e) you do not otherwise use any trade marks and trading names displayed on this Website, including teebookers.com, without our express prior written permission;
(f) you do not link from a website that is not owned by you;
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.
6.4 You shall fully indemnify The Online Golf Company Limited, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this paragraph 6.

7. Registration

Each registration is for a single user only. We do not permit you to share your user name and password with any other person, nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

8. Governing Law and Jurisdiction

These Terms and Conditions and all matters arising out of or relating to them are governed by English law. You agree that any dispute, claim or other matter which arises out of or in connection with these Terms and Conditions, and any use of this Website will be dealt with in the English courts.

9. Miscellaneous

9.1 You understand and agree in relation to any contract that is between you and us for
(a) if you are a Customer, purchase of the booking services provided by us via this Website or (b) if you are a Golf Club, taking bookings from our customers that have been made via this Website, the contract is between you and The Online Golf Company Limited, and that no third party is intended to be able to enforce the terms of any such contract. The Contracts (Rights of Third Parties) Act 1999 is not intended to confer any such rights.
9.2 If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
9.3 Any notice required or permitted to be given by us to you shall be made by email in accordance with the details that you have submitted to us. Any notice that you give to us shall be sent to our address given below, in writing.

Additional Terms and Conditions

The following additional terms and conditions apply as indicated, either to (i) Customers who book through the Website or to (ii) Golf Clubs who have registered on the Website. The relevant additional terms and conditions are in addition to the terms and conditions which are set out above, and should be read together with those terms and conditions.

** Customers Specific Terms **

IMPORTANT LEGAL NOTICE

Please note that while The Online Golf Company Limited provides a booking service, and will collect fees from you on behalf of golf clubs that are registered with us, your contract with us is merely for arranging the booking your contract for purchasing tee times and other golfing activities is made directly between you and your chosen golf club.

Your contract for the for the purchase of golf tee times is made directly between you and the relevant golf club and will be subject to any specific terms and conditions of that golf club. It is your responsibility to obtain that golf club’s terms and conditions, and to enquire about matters which may concern you directly with the golf club. These matters may include the golf club, the golf club’s cancellation policies, dress codes, weather policies, limitations of liability and other such issues. The Online Golf Company Limited will not be liable to you in any way whatsoever in relation to or connected with the performance of your contract with the golf club for golfing activities or any dissatisfaction, accidents or other occurrences related t your purchased golfing activities.

Products and Services

a) By operating this Website, we do not make any offer to sell or supply services but are merely providing information and booking facilities. When you submit a request/order, you are offering to use our services to book a tee-time and we may accept your order to provide such services to you subject to our Terms and Conditions.
b) All booking requests are subject to availability, acceptance and confirmation of the order and price by us.
c) If your order is accepted we will inform you by emailing you. The Online Golf Company Limited will also provide the identity of the Golf Club with whom you have contracted.
d) When making a reservation you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
e) All prices advertised are subject to change.
f) We will confirm your requested tee-times by e-mail as soon as the transaction is confirmed.

Method of Payment

We currently accept the following credit/debit cards: Visa, MasterCard, American Express, Switch, Delta and Connect. All payments made by credit card carry a 3.5% handling charge, payments made by debit cards carry a thirty nine pence (39p) charge.

Our duties

a) We promise to make sure that all parts of your booking we have agreed to arrange, perform or provide as part of the contract with you are arranged, performed or provided with reasonable skill and care. The Online Golf Company Limited is acting as a booking agent for those golf clubs which are registered with it, and is merely responsible for liasing between you and the relevant golf club to make bookings.
b) We will therefore have no liability to you whatsoever in relation to any golfing activities as these fall beyond our scope of activity and service i.e. acting as a booking liaison point. In particular, players are not the responsibility of The Online Golf Company Limited while on golf club property and The Online Golf Company Limited accepts no responsibility for any accident or occurrences to the players on the golf club property; these are the responsibility of the relevant golf club.
c) In addition, The Online Golf Company will not be responsible in the event that you do not enjoy your booking.
d) Please note we cannot accept responsibility for any services which do not form part of our contract.

Handicap Certificates

A number of golf courses require a handicap certificate before you can commence play. If a Handicap Certificate is required this will need to be presented to the relevant golf club when the e-voucher (confirmation of booking) is exchanged at the club. The Online Golf Company Limited cannot accept any responsibility if any player is refused entry to the course due to a handicap certificate not being presented. All players must abide by the rules of golf on all courses whether they hold a handicap certificate or not. Each golf course reserves the right to bar players from undertaking their round if they do not abide by these Terms and Conditions and the terms and conditions of the relevant golf club which manages the course.

Dress Code

The dress code regulations of the club where you are playing must be adhered to. It is the responsibility of each player before the start of each round that they are properly attired. The Online Golf Company Limited cannot accept any responsibility if any player is refused entry to the course due to inappropriate attire.

Winter Weather Policy

Throughout the year in Great Britain, through various weather conditions, the standard of golf courses may vary. The Online Golf Company Limited cannot be held responsible for the condition of the course during your game. As bad weather is inevitable during the course of the year (especially in the low season October ¨C March), golf clubs may either close the golf course or operate temporary greens at their sole discretion. Golf played on temporary greens and tees is non-refundable and is considered to be an accepted part of playing winter golf. It is the player’s responsibility to contact the course to confirm that they are open. However, if courses are closed, as part of our service, we will make reasonable attempts to notify you prior to your departure without guarantee. The Online Golf Company Limited will only provide a full refund if this is in accordance with the relevant golf clubs terms and conditions. Usually, refunds will only be available where the course is closed completely due to weather conditions; however please note that you must check this with the relevant golf club. It is the player’s responsibility to contact The Online Golf Company Limited to request a refund where applicable. This must be submitted within 28 days of the scheduled tee time date. Should you choose not to travel due to poor weather, even when the course is open, no refunds will be made available under any circumstances for these cancellations.

Complaints

If you have any complaints concerning any services we provide, you must inform us straight away in writing and in any event within 28 days of your tee time date. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to be at fault in relation to any service we provide is limited to the commission we have earned or are due to earn in relation to the booking in question, and in any event shall be subject to these Terms and Conditions. If you have a complaint or experience any problems related to the service of The Online Golf Company Limited, please inform us as soon as possible. Any complaint should be made to us at admin@teebookers.com. If you have a complaint or experience any problems during your round of golf, please inform the course concerned as soon as possible. All verbal complaints must be put in writing to The Online Golf Company Limited at 80 Kenilworth Court, Lower Richmond Road, Putney, London, SW15 1HA. If the matter cannot be rectified at the time, you must notify us in writing within 28 days of the tee time. If you fail to follow this procedure, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.

Liability

a) The Online Golf Company Limited, any other party (whether or not involved in creating, producing, maintaining or delivering this Website) and any of our officers, directors, employees, shareholders or agents or any of them, exclude all liability and responsibility for any loss of income, profits, goodwill, data, contracts, and business interruption (whether direct or indirect), and for all indirect, punitive, special or consequential losses or damages, whether arising in tort (including without limitation negligence), contract or otherwise, in connection with this Website, the content and/or services provided through the Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing this Website or any websites linked to this Website.
b) Nothing in these Terms and Conditions shall exclude or limit The Online Golf Company Limited’s liability for (a) death or personal injury caused by negligence (as such term is defined in the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
c) If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs for this.
d) In any event where The Online Golf Company Limited is found to be liable to you under these Terms and Conditions, this liability shall not exceed the amount actually received from you by The Online Golf Company Limited in relation to the relevant booking.

** Golf Clubs Specific Terms **

IMPORTANT LEGAL NOTICE

Please note that when you use the booking service provided by The Online Golf Company Limited at this website, you remain responsible for communicating with the end customers any specific terms and conditions (e.g. cancellation policies, liability issues etc.) that you may wish to incorporate into your contract with the customers. Please contact us at admin@teebookers.com if you would like to discuss how The Online Golf Company Limited may be able to assist with this.

Process

a) When you register with the Website to enable us to take bookings for your golf club, the relationship between you and The Online Golf Company Limited will be subject to these Terms and Conditions and to payment of the relevant fee (if any).
b) We will carry out the booking services using reasonable care and skill.
c) You will be responsible for providing The Online Golf Company Limited with available tee-times, prices and any other relevant information regarding the golfing activities that you wish to offer via the Website, to be uploaded onto the Website, and for ensuring that this and any other information that you provide to us is accurate.
d) Within the first week following the end of each calendar month, The Online Golf Company Limited will provide you with a report of the number of customers who have purchased tee-times at your Golf Club via the Website together with the total amount that has been received from those customers, which we shall then pay to you less any booking fee where applicable.

Liability

a) The Online Golf Company Limited, any other party (whether or not involved in creating, producing, maintaining or delivering this Website) and any of our officers, directors, employees, shareholders or agents or any of them, exclude all liability and responsibility for any loss of income, profits, goodwill, data, contracts, and business interruption (whether direct or indirect), and for all indirect, punitive, special or consequential losses or damages, whether arising in tort (including without limitation negligence), contract or otherwise, in connection with this Website, the content and/or services provided through the Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing this Website or any websites linked to this Website.
b) Nothing in these Terms and Conditions shall exclude or limit The Online Golf Company Limited’s liability for (a) death or personal injury caused by negligence (as such term is defined in the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
c) If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs for this.
d) In any event our maximum liability to you shall be determined in accordance with these Terms and Conditions and shall not exceed the amount actually paid or due to be paid by all customers who have made a booking with you via The Online Golf Company Limited’s Website in the calendar month period in which the relevant claim was made.
e) You agree that the contract with the customer for golfing activities and services is between you and the customer, and that The Online Golf Company Limited is not a party to such contract.
f) You shall fully indemnify The Online Golf Company Limited, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of (i) any third party claim made against us relating to or in any way arising in connection with any goods or services you provide to any customer who has booked via the Website and (ii) any inaccuracies or misrepresentations in the information that you supply to The Online Golf Company Limited.