This website is operated by the National Golf Clubs' Advisory Association of The Threshing Barn, Homme Castle Barns, Shelsley Walsh, Worcestershire, WR6 6RR ('NGCAA').
These terms and conditions govern and regulate the contractual business relationship between you and NGCAA. By using our website in any way or by buying from us through it you agree to be bound by them. We advise you to print a copy for your records.
Our terms & conditions may be changed at any time. If they are changed your agreement with us is not changed. The version set out here at the time you used or made any purchase from our site remains valid. The new version is valid for any subsequent use of or purchase from our site.
By using our website you warrant to us that you are or in doing so you represent a golf club and therefore a business and accordingly that you accept that legislation applicable to sales to consumers does not apply to you.
In this document:
"Confidential Information" means information relating to any Product including all material contained in its distributable files, activation and registration code, all copyright and trade and other marks, whether registered or not;
"Content" means information and documents in any form published on our website by us or by any third party with our consent;
"Copy or Publish" with reference to any Content means reproducing or publishing in whole or in part, using by any means, in any medium and includes (without limitation) changing, cropping and/or any other change or use as part of some other created work;
"Licence" means end user licence agreement granted by us to you in the terms of the licence contained in this document under which you are permitted to use any of its Content (whether or not paid for);
"Products" means any of the documents, services or information available on our website whether accessed to read only or to download whether paid for or not;
"User Agreement" means the end user licence agreement contained in clause 6.6 of this contract which permits you to use a Product;
2. OUR CONTRACT
2.1 By using our website on behalf of another person or organisation you warrant that you have full authority to do so and accept responsibility accordingly.
2.2 In entering into this contract you acknowledge that you have not relied on any representation or information from any source other than our website.
2.3 When you download any Product you are being granted a licence to use the Product subject to the terms of the User Agreement contained in this contract.
2.4 If you order any product from our website we shall confirm your order by e-mail.
2.5 If for any reason any Product shown on our website becomes unavailable we shall immediately notify you and refund any money you may have paid.
2.6 If you access or acquire any Product from us under any arrangement which does not involve payment by you these terms and conditions still apply in so far as they can be applied.
3. YOUR ACCOUNT WITH US
3.1 You agree that you have provided and will continue to provide accurate, up to date and complete information about yourself and/or the organisation you represent. We need this information to provide you with Products.
3.2 If you use our website you are responsible for maintaining confidentiality of your account and password and for preventing any unauthorised person from using them.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe that some other person has accessed your account without your authority and also log into your account and change your password.
3.4 We reserve the right to refuse you access to our website.
4. PRODUCT PROVISION, PRICE AND PAYMENT
4.1 When you access or download a Product you are acquiring a licence to use it subject to the User Agreement.
4.2 The price of any Product may be changed by us at any time (including imposing a charge for Products previously available at no charge) but we will never change a price so as to affect that charged to you at the time you buy a Product.
4.3 Products will be provided to you by download, by e-mail or both as we choose.
4.4 We may change the nature or provision of Products at any time and may tell you by posting details on our website.
4.5 You may not share or allow others to use Products in either your name or that of the organisation you represent in entering into this contract .
4.6 You agree that you are bound by these terms and conditions (or the latest version of them) for all future contracts with us whether ordered through our website or in some other way.
4.7 You agree that you commit a breach of our contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us without first attempting to seek repayment from us in which event you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based upon time spent at [£100] per hour in dealing with your breach. You also agree that this provision is reasonable.
5. DISCLAIMERS AN LIMITATION OF LIABILITY
5.1 We make no representation or warranty that any Product will be:
a. useful to you;
b. of satisfactory quality;
c. adequate or appropriate for a particular purpose;
d. compatible with your equipment, software or telecommunications connection;
e. available or accessible without interruption or error;
f. compliant with any law;
or as to the non-infringement of any right.
5.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our attention any that you find.
5.3 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or of any Product.
5.4 In any event, including that any term or condition or obligation on our part ('implied term') is implied into these terms and conditions by law, then our liability is limited to the maximum extent permitted by law to the value of the Products you have purchased.
6. CONTENT AND INTELLECTUAL PROPERTY RIGHTS AND LICENCE
6.1 You agree to keep safe the Confidential Information and not to disclose or make it or any part of it available for disclosure to any other person.
6.2 We will defend the intellectual property rights in connection in connection with our Products and our website, including copyright in the Content whether provided by us or by any other content provider.
6.3 We claim copyright in the designs and compilation of all Content of our website and Products. Title and ownership rights therein remain the property of us or our content provider (as the case may be).
6.4 Except as set out in paragraph 6.6 below you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display or in any way exploit any Content, in whole or in part.
6.5 You may not use our name, logo or trademarks (whether registered or not) or any Content on your website or that of any other person.
6.6 Subject to the other terms of our contract we grant you a limited licence to use our Product for your business use. This licence is non-exclusive, non-transferable and royalty free. For the purpose of such use you may download or copy Content only for your own use provided that you maintain all and any copyright and other notices contained in it.
7. YOUR E-MAIL ADDRESS AND SYSTEM SECURITY
7.1 You represent that any username or e-mail address used or selected by you, when used by you or combined with a second or third level domain name does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
7.2 You acknowledge and agree that if we believe such use or selection does interfere with the rights of any third party or is being used or selected for an unlawful purpose, we may immediately suspend the use of such name or e-mail address and you will indemnify us for any claim or liab ility which arises out of such use or selection.
7.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority to desist from using or permitting the use of a particular domain name as part of a name or e-mail address.
7.4 You agree that you will not and will not allow any other person to violate or attempt to violate any part of our website.
7.5 You may not use any software tool for the purpose of extracting data from our website.
7.6 You acknowledge that any such violation or extraction is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including legal and other professional fees reasonably incurred, made by any third party due to or arising in any way out of your use of our website and or any Products or the infringement by you, or any person using your computer, of any intellectual property or other right of any person.
9.1 When we communicate with you by e-mail you agree that such e-mail communications are contractually b8inding in the same way as properly signed and dated paper sent by post.
9.2 Where we provide Products or services without specific charge to you then it or they are deemed to be free of charge and not associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those services.
9.3 Nothing in this agreement or on our website shall confer on any third party any benefit under the Contracts (Rights of Third Parties) Act 1999.
9.4 If any of these terms is at any time held to be void or unenforceable then it shall be treated as changed or reduced to the minimum extent necessary to bring it within the applicable law and to prevent it from being void and it shall be binding in that changed or reduced form. Subject thereto each provision shall be interpreted as severable and shall not affect any other of these terms.
9.5 No waiver by us in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in the exercise of any power or right be interpreted as a waiver.
9.6 In the event of a dispute arising out of or in connection with these terms and conditions or any contract between us then you agree to attempt to settle the dispute by engaging with us in good faith in a process of mediation before commencing any litigation or other proceedings.
9.7 We are not liable for any breach of our obligations resulting from any cause beyond our reasonable control.
9.8 The construction, validity and enforceability of this agreement shall be governed by and in accordance with the laws of England and Wales.
1. The information and material provided on this website is provided free of charge (except where otherwise stated) and solely for illustrative purposes. It is not intended to and does not establish a business, contractual or employment relationship with NGCAA Limited.
2. The information, contents, text, images, including but not limited to html code, scripts, and photography is the property of NGCAA Limited (otherwise acknowledged) and may not be copied, reproduced, republished, posted, transmitted, or distributed in any way without our express, advance, written consent.
3. This site is provided "as is" and NGCAA Limited expressly disclaims all warranties of any kind whether express or implied including the warranties of merchantability and fitness for a particular purpose. In no event shall NGCAA Limited or any of its employees or contractors be liable for any damages whatsoever in connection with the information or material on this website, including but not limited to actual, consequential, direct, exemplary, incidental, indirect, punitive or special damages.
4. Links on this site may lead to services or sites not operated by NGCAA Limited. No judgement or warranty is made with respect to such other services or sites and NGCAA Limited takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
5. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.