Terms and Conditions - SGreenGolf - Driving range, indoor golf simulation

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Terms and Conditions

Welcome to SGreenGolf. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
These Terms of Service govern your use of the website located at https://sgreengolf.ca and any related services provided by SGREENGOLF INC., herein referred to as “SGREENGOLF”.

The Terms are to be read together by you with any terms, conditions, or disclaimers provided in the pages of our Site. Please review the Terms carefully. The Terms apply to all users of our Site, including without limitation, users who are browsers, customers, merchants, vendors, and/or contributors of content. By accessing https://sgreengolf.ca, you agree to abide by these Terms of Service and our Privacy Policy and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service and our Privacy Policy, you are not authorized to use or access this website or use any other SGREENGOLF’s services, or place order on our site.

We, SGREENGOLF, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 12 Nov 2022.

USE OF OUR SITE

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our Site to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address, and other contact details to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including terminating, changing, suspending, or discontinuing any aspect of the Site at any time, without notice. We may impose additional rules or limits on the use of our Site. You agree to review the Terms regularly and your continued access or use of our Site will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Site or for any service, content, feature, or product offered through our Site.

LIMITATIONS OF USE

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

remove any copyright or other proprietary notations from any materials and software on this website;

transfer the materials to another person or “mirror” the materials on any other server;

knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service SGREENGOLF provides;

use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

use this website or its associated services in violation of any applicable laws or regulations;

use this website in conjunction with sending unauthorized advertising or spam;

harvest, collect, or gather user data without the user’s consent;

use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

LIMITATIONS OF LIABILITY

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, SGREENGOLF makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall SGREENGOLF or or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, or employees be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if SGREENGOLF or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

ACCURACY OF MATERIALS

The materials appearing on our website are not comprehensive and are for general information purposes only. SGREENGOLF does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

ERRORS AND OMISSIONS

Please note that our Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Site, except as required by law.

PRODUCTS OR SERVICES

All purchases through our Site are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Site or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Site are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our Site. We have made efforts to ensure that the colour and design of our products are displayed as accurately as possible on our Site.

BOOKING

In order to reserve a Golf Training session, you must book through our Website. You may be taken to a third-party reservation engine. We are not responsible for the Privacy Policy of these third party websites.

Bookings may be made up to 7 days in advance

Users may invite guests in order to share a reservation. Due to limited space, we ask our users to exercise good judgment. Users and guests are limited to the Bay that has been reserved. User is responsible for all actions of their guests, including, but not limited to, any damage to SGREENGOLF facilities and property. User must always be present inside the location when the guest is present. User must be 19 years or older.

CANCELLATION POLICY

Bookings may only be canceled, at no charge, via email, up to 24 hours prior to the start of the booking (“Cancellation Period”). Once the Cancellation Period has completed, the reservation is final and no modifications or changes are allowed. At the discretion of SGREENGOLF, we reserve the right to refuse cancellation privileges, service, or product to anyone seen abusing this privilege.

PAYMENTS/CREDIT CARD

All bookings require a valid credit card. Your card will be charged immediately upon successful booking. No credit card information is stored with us. Bookings are completed on a third-party booking platform. We are not responsible for the Privacy Policy or Terms of Service of these third-party websites.

WAIVER OF LIABILITY

All reservations and access to the facilities require acceptance of the Waiver of Liability. You agree to ensure that all guests also accept the Waiver of Liability.

DAMAGE TO FACILITY & PROPERTY

SGREENGOLF reserves the right to charge the payment method used at the time of booking for any and all damages to the facility, its property, and its equipment caused by guests. This includes but is not limited to: Screen damage due to use of personal balls, missing or stolen items from the bay, damage to all equipment such as but not limited to; computers, monitors, simulator sensors, lights, fixtures, structural components, turf, balls, tees, furniture. Minimum charge for the above aforementioned will be $100.00 CAD. All customers are responsible for any of their booked guests and their actions.

LINKS

SGREENGOLF has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by SGREENGOLF of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the “Content”) that you post, distribute, or share on or through our Site or services available in connection with our Site. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright, and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute, or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Site’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our Site and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

YOUR PERSONAL INFORMATION

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

INDEMNIFICATION

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Site, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

RIGHT TO TERMINATE

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

SEVERANCE

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the laws of Canada. Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our Site will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our Site must be brought before the courts of the Province of Ontario in the City of Toronto, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

QUESTIONS OR CONCERNS

Please send all questions, comments and feedback to us at [email protected]