1. General
Welcome to the Golfing Scribe website/service which is operated by
Golfing Scribe (in this Agreement,
"Golfing Scribe", "we", "us" or "our").
This following page acts as a contract between you and Golfing Scribe, collectively
referred to as the "parties".
By accessing, browsing, and using the Site and its services (“Services”),
you accept, without limitation
or qualification, these Terms and Conditions. If you do not wish to be bound by these
Terms and Conditions,
you should not access the Site or use its Services.
If You are entering into these Terms on behalf of a company, organization
or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity
and representing to Us that You have the authority to bind such Entity and its
Affiliates to these Terms, in which case the terms, “You", “Your” or related capitalized
terms used herein shall refer to such Entity and its Affiliates. If You do not have such
authority, or if You do not agree with these Terms, You must not accept these Terms and
may not access or use the Service(s) or Websites.
By using the Services or the Site, You, as an individual, represent
and warrant that you are 18 (eighteen) years of age or older and that you accept and
agree to abide by
all of the terms and conditions of this Agreement.
Violation of any of the terms below may result in the termination of your
account.
2. Account Terms
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You are responsible for maintaining the security of your account and
password. The Company cannot and will not be liable for any loss or damage from your
failure to comply with this security obligation.
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You are responsible for all content posted and activity that occurs
under your account (even when content is posted by others who have their own logins
under your account).
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You may not use the Service for any illegal purpose or to violate any
laws in your jurisdiction (including but not limited to copyright laws).
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You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
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Your login may only be used by one person – a single login shared by
multiple people is not permitted. You may create separate logins for as many people
as you’d like.
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You must be a human. Accounts registered by “bots” or other automated
methods are not permitted.
3. ACCESS TO THE SERVICE(S)
3.1 You may not be able to access or use the Service(s) (a) during planned
downtime for upgrades and maintenance to the Service(s) (of which We will use
commercially reasonable efforts to notify You in advance through Our Service(s))
(“Planned Downtime”), or (b) during any unavailability caused by
circumstances beyond Our reasonable control, such as, but not limited to, acts of God,
acts of government, acts of terror or civil unrest, technical failures beyond Our
reasonable control (including, without limitation, inability to access the internet), or
acts undertaken by third parties, including without limitation, distributed denial of
service attacks.
3.2 We will use commercially reasonable efforts to schedule Planned Downtime
during off-peak hours.
4. CHANGES TO THE SERVICE(S), WEBSITE(S) and Prices
4.1 Our Service(s): We may update the Service(s) from time
to time and You may receive notifications of such upgrades, enhancements or updates
(“Updates”). Any new or modified features added to or augmenting or otherwise modifying
the Service(s) or other updates, modifications or enhancements to the Service(s) are
also subject to these Terms and We reserve the right to deploy Updates at any time.
4.2 Websites: We may also change content on Our Websites at
any time. However, please note that any of the content on Our Websites may be out of
date at any given time, and We are under no obligation to update it. For clarity, this
sub-section refers to Our Websites excluding the Service(s). We may discontinue or
change any part of Our Websites, that does not affect the Service(s), without notifying
You.
4.3 Prices: Prices of all Services are subject to change
without notice from us. Notice may be provided at any time by posting the
changes to the Golfing Scribe site or the Service itself.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership of IPR: Except for the rights
granted to You under Section 1, all rights, title and interest in and to all Our
patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and
any other intellectual property and/or proprietary rights in or related to the
Service(s), including the Websites, and any part of it (collectively,
“Intellectual Property Rights”) shall belong to and remain exclusively
with Us. We are the owner or the licensee of all Intellectual Property Rights in Our
Websites, and the content or material published on it. Those works are protected by
copyright laws and treaties around the world. You must not use any part of the content
on Our Websites for commercial purposes without obtaining a license to do so from Us or
Our licensors. Further, We claim no intellectual property rights over the content You
upload or provide to the Service(s).
5.2 Grant of License to Us: We shall have a
royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license
to incorporate into the Service(s) or Websites or otherwise use any suggestions,
enhancement requests, recommendations or other feedback We receive from You.
5.3 Grant of License to You: Our product and
service names, and logos used or displayed on the Service(s) or Websites are Our
registered or unregistered trademarks (collectively, “Marks”), and You
may only use such Marks to identify You as a user of the Service(s) You have subscribed
to.
5.4 Reservation of Rights: All rights not
expressly provided to You herein are reserved.
6. BILLING, PLAN MODIFICATIONS AND PAYMENTS
6.1 Subscription Charges: Unless otherwise specified in the
Supplementary terms, except during Your free trial, all charges associated with Your
Account (“Subscription Charges”) are due in full and payable in
advance, in accordance with Section 6.2, when You subscribe to the Service(s). Unless
specified otherwise in a Form, the Subscription Charges are based on the Service Plans
You choose and are payable in full until You terminate Your Account in accordance with
Section 7. You will receive a receipt upon each receipt of payment by Us. You may also
obtain a payment receipt from within the Service(s).
6.2 Payment methods: You may pay the Subscription Charges
through Your credit card, or other accepted payment method as specified in a Form. For
credit card payments, Your payment is due immediately upon Your receipt of Our invoice.
You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit
card upon Your subscription to the Service(s) (and any renewal thereof). For payments
through other accepted methods, Your payment is due within thirty (30) days of Our
invoice date unless otherwise stated in a Form.
6.3 Renewal: Your subscription to the Service(s) will renew
automatically for a Subscription Term equivalent in length to the then expiring
Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges
applicable to Your subscription to the Service(s) for any such subsequent Subscription
Term shall be Our standard Subscription Charges for the Service Plan to which You have
subscribed as of the time such subsequent Subscription Term commences. You acknowledge
and agree that, unless You terminate Your Account in accordance Section 7, Your credit
card will be charged automatically for the applicable Subscription Charges.
6.4 We may use a third party service provider to manage credit card and
other payment processing; provided, that such service provider is not permitted to
store, retain or use Your payment account information except to process Your credit card
and other payment information for Us. You must notify Us of any change in Your credit
card or other payment account information, either by updating Your Account or by
e-mailing Us at [email protected].
6.5 Refunds: Unless otherwise specified in these Terms or a
Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be
issued for partial use or non-use of the Service(s) by You provided however You shall be
eligible for a pro-rated refund of the Subscription Charges for the remainder of the
Subscription Term if You terminate Your Account as a result of a material breach of
these Terms by Us.
6.6. Late Payments/Non-payment of Subscription Charges: We
will notify You if We do not receive payment towards the Subscription Charges within the
due date for Your Account. For payments made through credit cards, We must receive
payments due within a maximum of five (5) days from the date of Our notice and for
payments through other accepted methods, We must receive payments within a maximum of
fifteen (15) days from the date of Our notice. If We do not receive payment within the
foregoing time period, in addition to Our right to other remedies available under law,
We may (i) charge an interest for late payment at 1.5% per month and/or; (ii) suspend
Your access to and use of the Service(s) until We receive Your payment towards the
Subscription Charges as specified herein and/or; (iii) terminate Your Account in
accordance with Section 7.2.
6.7 Upgrades and Downgrades: You may upgrade or downgrade
within a Service Plan or between two Service Plans. You understand that downgrading may
cause loss of content, features, or capacity of the Service(s) as available to You
before downgrading Your Account. We will not be liable for such loss. When You upgrade
or downgrade, the new Subscription Charges become immediately applicable. Upon upgrade,
the new Subscription Charges for the subsisting month would be charged on pro-rated
basis and Your credit card will be charged automatically. Subsequent months will be
charged in full according to the new Subscription Charges. Upon downgrade, You will be
offered a refund for the payment made for the subsisting month in the form of credits
credited to Your Account. These credits will be offset against the new Subscription
Charges payable in the subsequent months.
6.8 Applicable Taxes: Unless otherwise stated, the
Subscription Charges do not include any taxes, levies, duties or similar governmental
assessments, including value-added, sales, use or withholding taxes assessable by any
local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are
responsible for paying the Taxes that would be levied against You by government
authorities. We will invoice You for such Taxes if We believe We have a legal obligation
to do so and You agree to pay such Taxes if so invoiced.
6.9 User Benefits: Apart from the credits provided to You
when You downgrade, We may, at Our sole discretion, offer You certain benefits such as
discounts on Subscription Charges, extension in Subscription Term for no extra payments
from You, with regard to the Service(s). These benefits are specific to Your Account and
the Service(s) identified while offering these benefits. They are not transferrable. The
benefits may have an expiry date. If they do not have an expiry date, they will expire
upon completion of twelve (12) months from their date of offer.
7. SUSPENSION AND TERMINATION
7.1 We shall not be liable to You or any other third party for suspension or
termination of Your Account, or access to and use the Service(s), if such suspension or
termination is in accordance with these Terms.
7.2 Free trial Customers: If You are on a free trial for any of Our
Service(s), Your Account may be suspended or terminated in the following manner:
7.2.1 We may suspend Your access to and use of Your Account or the
Service(s) if You are in violation of the Terms. We will notify You of Your activities
that violate these Terms and, at Our sole discretion, provide You with a period of
fifteen (15) days (“Cure Period”) to cure or cease such activities. If
You do not cure or cease such activities within said Cure Period or if We believe that
Your breach of these Terms cannot be cured, Your Account shall be terminated and all
associated Service Data shall be deleted immediately and permanently.
7.2.2 You may terminate Your Account at any time on or before the expiry of
Your free trial. In such cases, all associated Service Data shall be deleted immediately
and permanently.
7.2.3 Where you do not terminate Your Account or renew Your Account on or
before the expiry of Your free trial, We may suspend Your Account. We shall retain any
associated Service Data for a period of 6 months beyond which Your Account shall be
terminated and all associated Service shall be deleted immediately and permanently.
7.3 Customers on a Service Plan: If You are on a Service Plan for any of Our
Service(s), Your Account may be suspended or terminated in the following manner:
7.3.1 In addition to suspension for late payment or non-payment of
Subscription Charges, We may suspend Your access to and use of Your Account or the
Service(s) if You are in violation of the Terms. We will notify You of Your activities
that violate these Terms and, at Our sole discretion, provide You with a period of
fifteen (15) days (“Cure Period”) to cure or cease
such activities. If You do not cure or cease such activities within said Cure Period or
if We believe that Your breach of these Terms cannot be cured, Your Account shall be
terminated. Any associated Service Data shall be retained for a period of 14 days from
the date of termination of Your Account beyond which it shall be deleted during the
normal course of operation.
7.3.2 You may elect to terminate Your Account at any time from within Our
Service(s), if You pay for Your Account through credit card. If payment for Your Account
is made through other accepted payment methods as specified in the Form, You may request
to terminate Your Account by writing to [email protected]. Any associated
Service Data shall be retained for a period of 14 days from the date of termination of
Your Account beyond which it shall be deleted during the normal course of operation.
7.3.3 We may suspend Your Account upon expiry or non-renewal of Your
Subscription Term. We shall retain any associated Service Data for a period of 6 months
beyond which Your Account shall be terminated and all associated Service shall be
deleted immediately and permanently.
7.4 Effect of Terminating Your Account:
7.4.1 Data Export: We strongly recommend that You export all Service Data
before You terminate Your Account. In any event, following the termination of Your
Account either by You or Us, unless otherwise specified elsewhere herein or in the
Supplemental Terms, Service Data will be retained or deleted in accordance with Sections
7.2 or 7.3 as applicable to You. Where the Service Data is retained as described herein,
You may contact Us within such data retention period to export Your Service Data.
Service Data cannot be recovered once it is deleted. Further, when Service Data is
migrated from one data center to another upon Your request, We shall delete Service Data
from the original data center after 14 days from such migration.
7.4.2 Charges: If Your Account is terminated in accordance with Sections 7.2
or 7.3 of these Terms, in addition to other amounts You may owe Us, You must immediately
pay any then unpaid Subscription Charges associated with the remainder of such
Subscription Term, unless waived by Us in writing. This amount will not be payable by
You, or You may be eligible for a pro-rated refund of the Subscription Charges, as the
case may be, where You terminate Your subscription to the Service(s) or terminate Your
Account as a result of a material breach of these Terms by Us, provided that You provide
notice of such breach to Us and afford Us not less than thirty (30) days to reasonably
cure such breach.
8. CONFIDENTIALITY
8.1 If You choose, or You are provided with, a user identification code,
password or any other piece of information as part of Our security procedures, You must
treat such information as confidential. You must not disclose it to any third party. We
have the right to disable any user identification code or password, whether chosen by
You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to
comply with any of the provisions of these Terms.
8.2 Confidentiality obligations: Each of us will
protect the other’s Confidential Information from unauthorized use, access or disclosure
in the same manner as each of us protects our own Confidential Information, and in any
event, no less than reasonable care. Except as otherwise expressly permitted pursuant to
these Terms, each of us may use the other’s Confidential Information solely to exercise
our respective rights and perform our respective obligations under these Terms and shall
disclose such Confidential Information solely to those of our respective employees,
representatives and agents who have a need to know such Confidential Information for
such purposes and who are bound to maintain the confidentiality of, and not misuse, such
Confidential Information. The provisions of this sub-section shall supersede any
non-disclosure agreement by and between You and Us entered prior to these Terms that
would purport to address the confidentiality of Service Data and such agreement shall
have no further force or effect with respect to Service Data.
9. DISCLAIMER OF WARRANTIES
THE WEBSITES AND THE SERVICE(S), INCLUDING ALL SERVER AND NETWORK COMPONENTS
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL
CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE(S) OR WEBSITES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT WE DO
NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER INTERNET AND
VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS
SOFTWARE.
THE CONTENT ON OUR WEBSITES IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS
NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL
OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE
CONTENT ON OUR WEBSITES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE
SERVICE(S) OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO
ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST
SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS
INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED,
UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY,
BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL
BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) TWELVE MONTHS OF THE SUBSCRIPTION
CHARGES FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES; OR (B) THE SUBSCRIPTION CHARGES
PAID BY YOU, FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR
OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT TO PROVIDE YOU
WITH THE RIGHTS TO ACCESS AND USE THE SERVICE(S) IN ACCORDANCE WITH SECTION 1, WE HAVE
LIMITED OUR POTENTIAL LIABILITY AND ALLOCATED RISKS BASED ON THE SUBSCRIPTION CHARGES,
WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY
OTHER THAN AS SET FORTH HEREIN.
IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY
COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
11. INDEMNIFICATION
11.1 If use of the Service(s) by You has become, or in Our opinion is likely
to become, the subject of any IP Claim (defined below), We may at Our own option and
expense (a) procure for You the right to continue using the Service(s) as set forth
hereunder; (b) replace or modify the Service(s) to make it non-infringing; or (c) if
options (a) or (b) are not commercially and reasonably practicable as determined by Us,
terminate Your subscription to the Service(s) and repay You, on a pro-rated basis, any
Subscription Charges You have previously paid Us for the corresponding unused portion.
11.2 Indemnification by Us: Subject to Your compliance with
these Terms, We will indemnify and hold You harmless, from and against any claim brought
against You by a third party alleging that the Service(s) You subscribed to infringes or
misappropriates such third party’s valid patent, copyright, or trademark (an “IP
Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded
against You in connection therewith, including the reasonable fees and expenses of the
attorneys, provided that (a) You promptly notify Us of the threat or notice of such IP
Claim; (b) We have or will have the sole and exclusive control and authority to select
defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate
with Us in connection therewith. We will have no liability or obligation with respect to
any IP Claim if such claim is caused in whole or in part by (i) compliance with designs,
data, instructions or specifications provided by You; (ii) modification of the
Service(s) by anyone other than Us; or (iii) the combination, operation or use of the
Service(s) with other hardware or software where the Service(s) would not by themselves
be infringing.
11.3 Sections 11.1 and 11.2 state Our sole, exclusive and entire liability
to You and constitute Your sole remedy with respect to an IP Claim brought by reason of
access to or use of the Service(s) by You.
11.4 Indemnification by You: You will indemnify and hold
Group Companies harmless against any claim brought by a third party against Us, and
their respective employees, officers, directors and agents arising from or related to
use of the Service(s) by You in breach of these Terms or matters which You have
expressly agreed to be responsible pursuant to these Terms; provided that We promptly
notify You of the threat or notice of such a claim.
12. Governing Law, Settlement of Disputes and
Jurisdiction
These Terms of Service and any dispute or claim arising under it will be
governed by and construed in accordance with the laws of India. The Users agree that any
legal action or proceedings arising out of these Terms of Use or in connection with
these Terms of Use may be brought exclusively in the competent courts/ tribunals having
jurisdiction in Delhi in India and irrevocably submit themselves to the jurisdiction
of such courts/ tribunals.
13. RELATIONSHIP OF THE PARTIES
The parties are independent contractors. These Terms do not create a
partnership, franchise, joint venture, agency, fiduciary or employment relationship
among the parties.
14. Privacy
Your privacy is extremely important to us. Upon acceptance of these
Terms of
Use you confirm that you have read, understood and unequivocally accepted our
Privacy Policy.
15. Complaints and Grievance Redressal
Any complaints or concerns with regards to content of this Website or
comment or breach of these Terms of Use or any intellectual property of any User
shall
be immediately informed to the designated Administrative Officer as mentioned below in
writing or through email signed with electronic signature.
Administrative Officer: Mr. Paul Gomes
Website: www.GolfingScribe.com
Address: Paul Gomes, 4 Deer Park Crescent, Unit 3-A, Toronto, ON Canada.
Email: [email protected]
Ph: 1-416-999-7221
16. Changes to this policy
We may change these Terms Of Service. If we make any changes, we will change
the "Last Updated" date below.
Last Updated: Dec 23, 2019.
