Terms of Use

PERSONAL DATA PROTECTION POLICY

To access and to use IT4GOLF.COM, you agree to be bound by the following Terms of Service Agreement. Please read it carefully.

Your attention is drawn to the provisions of those sections that deal with IT4GOLF.COM. responsibility, and in particular, its limitation of liability under these terms of service.

 

GENERAL TERMS OF SERVICE AGREEMENT

The IT4GOLF.COM service (the “Service”) is provided to your company (the “User”) by IT4GOLF S. A., Company incorporated in Portugal, Registration Number : PT510541941

By using the Service, User is agreeing to be bound by this Terms of Service Agreement (the “TSA”).

User agrees (a) to provide true, accurate, current and complete information about User’s company, User’s products and User’s services, as specified on the online application form, Internet site and electronic mails addressed to IT4GOLF. and (b) to promptly update and maintain the accuracy of this information as necessary.

If any information provided by User is untrue, inaccurate, not current or incomplete, IT4GOLF. has the right, without notice, to suspend or terminate User’s account without incurring any liability to User as a result of this action.

User agrees not to use the service for illegal purposes or the transmission of material that is unlawful or otherwise objectionable or that infringes or may infringe the intellectual property or other rights not belonging to you.

 

MODIFICATION TO TSA AND NOTICES TO USER

Any modification to the TSA and notices to User, will be confirmed by electronic mail or by a Service start-up screen describing the changes to TSA or the notice. User agrees to be bound by the changes or the notice.

 

DESCRIPTION OF SERVICE

IT4GOLF S. A. will provide successful applicant with access (through a User Name and a password) to its online back office (as and when the Service is available), which operates via the World Wide Web at the www.it4golf.com address.

User agrees to provide the on-line it4golf.com address with all relevant product details and an allocation of available products for booking, as prompted by the Service.

IT4GOLF S. A. shall provide User with URL address or addresses, online or otherwise, to allow User to post a secure booking engine on User Web site(s) and any other Web site(s) of User’s choice.

User must (a) provide for User’s own access to the World Wide Web and pay any service fees due to each third party associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and a modem.

 

IT4GOLF BOOKING ENGINE

IT4GOLF S.A can apply any online payment gateway according to the technical compatibility with the system. The online payments received by the booking engine have commissions that needs to be payed by you. The commission is by per payment and it will depend of the issue credit card. The common commission to be payed it's 3,4%+0,35€ per online money transaction. The commission to be payed by you can be split between IT4GOLF and the online payment gateway company according to the online payment gateways market. Despite the online gateway choosed by IT4GOLF regarding technical integration, the commission to be pay by you never exceed the 3,4%+0,35€ per payment.

The commission fees doesn't include VAT or other country specific taxes.

User acknowledges and agrees that if a Booking is cancelled, for any reason, online or otherwise, IT4GOLF and the online payment gateway company. is still entitled to and shall levy the Booking fee related to this cancelled Booking.

 

MODIFICATION OF ONLINE BOOKING FEES

User acknowledges and agrees that IT4GOLF may modify the fees at any time. In the case of a fee increase, the modification will not be applied to an existing registered User account until 120 days after the date the modification was notified to User. In the case of a fee decrease, the modification will be applied to the registered User’s account from the beginning of the calendar month that follows the date the modification was notified to the User.

 

BOOKING FEE COLLECTION

IT4GOLF shall send the User by electronic mail, on the first day of each month, a detailed invoice relating to the Bookings processed during the previous month. The fees are payed during the online transaction or by the end of each month depending the integration of online payments gateways with IT4GOLF. The user will accept either of options, which are depending of software integration techniques. User authorises IT4GOLF to debit User’s bank/credit card on the seventh day of each month, for the Bookings invoiced and processed during the previous month if necessary.

User is advised to use the time available between the date of reception of the detailed invoice and the date the User’s bank/credit card is debited, to raise any discrepancy User may find between User’s record of Bookings and the IT4GOLF invoice/statement.

 

USER PRIVACY AND DATA

IT4GOLF shall protect User information and shall not release it to third parties outside IT4GOLF except as required (a) explicitly by the Service or (b) by Law to comply with any court order or (c) by competent public regulatory bodies or (d) if necessary to enforce the TSA or (e) to respond to bone fide claims of violation of the rights of third-parties or (e) to protect the rights, reputation or property of IT4GOLF.

The Service may provide links to other Web sites or resources. User acknowledges and agrees that IT4GOLF. is (a) not responsible for the privacy policies of such external sites or resources and (b) does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

User acknowledges that IT4GOLF. shall have the full right to access User’s account and data to investigate technical matters or to carry out routine maintenance.

User has the right and the facility, at all times, to access and to correct online data relating to the User.

 

DATA RESPONSIBILITY

User agrees to be solely and entirely responsible for the content of the User data entered in and transmitted through the Service.

User acknowledges and agrees that IT4GOLF. does not endorse and is not responsible for the content of any User data entered into the Service and is not responsible or liable for any unlawful or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

 

DATA STORAGE

User agrees that IT4GOLF. shall not be responsible for the deletion or failure to store User’s data. User is advised to store and keep back up copies of all data that User wishes to retain.

 

USER ACCOUNT, PASSWORD AND SECURITY

User will receive a user name and a personal password upon completing successfully the application process. User has sole responsible for maintaining the confidentiality of the personal password and is fully responsible for all activities on the User’s account under User’s password. User agrees to immediately notify IT4GOLF. of any unauthorized use of User’s password or any other breach of security.

 

USER CONDUCT

User agrees to abide by all applicable local, state, national and international Laws and regulations relating to User’s use of the Service.

User agrees (a) not to use the Service for illegal purposes and (b) not to interfere with or disrupt the Service or servers or networks connected to the Service and (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service.

User agrees not to gain or attempt to gain unauthorized access to other computer systems or networks connected to the Service.

 

INDEMNITY

User agrees to indemnify IT4GOLF, and their parents, subsidiaries, affiliates, officers and employees, for any loss, cost, damage, claim or demand made by any third party or incurred or suffered by IT4GOLF in connection with, as a result of, due to or arising out of any use of or transmission through or use of the Service under User’s password or account in breach of the TSA or any applicable local, state, national or international Laws or regulations, or User’s violation of any rights of another.

 

MODIFICATION OF SERVICE

IT4GOLF reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service without notice to User. User agrees that IT4GOLF. shall not be liable to User or any third party for any modification, suspension or discontinuance of the Service.

 

IT4GOLF PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, software programs, graphics or other material presented to User through the Service, is protected by copyrights, trademarks, service marks, patents or other proprietary rights.

User acknowledges and agrees that User is permitted to use this Service only as expressly authorized by IT4GOLF, and may not copy, reproduce, transmit, distribute or create derivative works of such content without the express authority of the owner thereof.

User agrees not to resell, rent or hire the Service or use of or access to the Service.

 

DISCLAIMER OF WARRANTIES

User expressly agrees that the use of the Service is at User’s sole risk. The service is provided on an “as is” and “as available” basis, provided, however, thatIT4GOLF shall use reasonable efforts to ensure that the Service is accurate and uninterrupted.

User understands and agrees that any data downloaded to or uploaded from the Service is done at User’s own discretion and risk and that User will be solely responsible for any damage to User’s computer system or loss of data that results from the download or upload of such data.

No advice or information, whether oral or written, obtained by User from IT4GOLF or through or from the Service shall create any warranty not expressly stated herein.

 

LIMITATION OF LIABILITY

User agrees that IT4GOLF shall not be liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits or goodwill, use, data or other intangible losses resulting from (a) the use or the inability to use the Service or (b) the cost of the procurement of substitute goods and services or (c) transactions entered into through or from the Service or resulting from unauthorised access to or alteration of User’s data or transmissions.

User further agrees that IT4GOLF shall not be liable for any damages arising from interruption, suspension or termination of Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

 

TERMINATION

User agrees that IT4GOLF. may terminate User’s account at any time without prior notice. In particular, IT4GOLF may terminate User’s account without further investigation if IT4GOLF believes that User have in any way violated the current TSA.

User acknowledges and agrees that IT4GOLF. may immediately delete User’s data.

IT4GOLF shall not be liable to User for any loss or damage suffered by User as a direct or indirect result of IT4GOLF exercise of its rights under this section.

User may terminate User’s use of the Service at any time at its sole discretion. User’s termination does not constitute a waiver of the obligations contracted by User under this TSA.

 

GENERAL

The Laws of Portugal shall govern the TSA and the relationship between User and IT4GOLF User agrees to irrevocably submit to the exclusive jurisdiction of the Portuguese courts.

The failure of IT4GOLF to exercise or enforce any right or provision of the TSA shall not constitute a waiver of such right or provision.

If any provision of the TSA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the TSA remain in full force and effect.

User agrees that regardless of any statute or Law to the contrary, any claim or cause of action arising out of or related to the TSA or to use of the Service, must be filed six (6) months after such claim or cause of action arose or be forever barred.

The section titles in the TSA are for readers’ convenience only and have no legal or contractual effect.