1. Contractual Relationship
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
Company may amend these Terms related to the Services from time to time. Amendments will be effective upon Company’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Company’s mobile applications or websites (each, an “Application“) to arrange and schedule golf caddie services for personal use with independent caddie providers (“Caddies”) who have registered with the Company, and vice-versa (“Services“).
THE SERVICES DO NOT INCLUDE GOLF CADDIE SERVICES. GOLF CADDIES ARE INDEPENDENT CONTRACTORS WHO ARE SOLELY RESPONSIBLE FOR THE CADDIE SERVICES THEY ARE PROVIDING. THE COMPANY, THROUGH ITS APPLICATIONS AND ITS SERVICES, IS PROVIDING A MEANS FOR GOLFERS TO LOCATE CADDIES AND CADDIES TO LOCATE GOLFERS. NO REPRESENTATION OR WARRANTY IS BEING MADE BY THE COMPANY WITH REGARD TO THE GOLF CADDIE SERVICES PROVIDED BY THE CADDIE.
3. CADDIE IS INDEPENDENT CONTRACTOR.
In all cases, the Caddie will determine the method, details, and means of performing the above-described services. The Company shall have no right to interfere with Caddie’s judgment with respect to the manner, time, and place of performance of the services, so long as any commitments made by Caddie as to any particular assignments are satisfied. Caddie will supply and be responsible for maintaining all tools, materials, and equipment required to perform the services under this Agreement. Company will not provide Caddie with any training or instructions with respect to the services. Caddie is not and will not become an employee, partner, agent or principal of the Company. Caddie may represent, perform services for, and contract with as many additional clients, persons, or companies as Caddie wishes in his or her sole discretion.
4. Limited License; Restrictions.
Subject to your agreement to accept these Terms, Company grants you a limited, non-exclusive, revocable, non-transferrable license to access and use the Applications on your personal device solely in connection with your use of the Services. Any other use of the Applications or the Services is expressly prohibited.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Applications and the Services are Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
5. Your Use of the Applications and the Services.
To create an Account, you must submit to Company certain personal information, such as your name, address, mobile phone number and age, and for golfers, at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
The Services are available only to holders of Accounts. If you are a golfer, you may reserve Caddies for other people, but by doing so, you are agreeing to be financially and otherwise responsible for those other parties. If you are a golfer and are reserving caddies for other golfers, you agree that you are responsible for ensuring all people for whom you are making such arrangements are informed of these Terms of Service and you will be responsible for their compliance with them. If you are a course, club, or resort employee responsible for finding caddies for golfers, you are responsible for informing golfers about these Terms of Service. If you are a Caddie, you may only seek to provide golf caddie services on your own behalf. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Applications and Services, and you may only use the Services for lawful purposes. You will not in your use of the Services commit any unlawful act including assaulting Caddies or golfers, sexually harassing Caddies or golfers, or causing general nuisance, annoyance, inconvenience, or property damage. To the extent you commit any unlawful acts, you are solely responsible for any liability that arises as a result you agree to indemnify and hold harmless the Company and its owners, managers, officers, directors, employees, agents, and any golf course or facility or its owners, managers, or employees.
By creating an Account, you agree that Company may send you informational text (SMS) and email messages as part of the Services.
6. User Provided Content.
Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.
7. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
8. Payment; Refund Policy.
If you are a golfer, you understand that use of the Applications and Services will result in charges to you for the golf caddie services (“Charges“). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Company in accordance with its refund policy, which allows for refunds only if the golf course you are playing is closed due to weather conditions or if the golf caddie you have hired does not show up for your golf round. The issuance of a refund for any other reason shall be at the sole, absolute and unreviewable discretion of the Company.
All Charges are due immediately upon booking and payment will be facilitated by Company using the preferred payment method designated in your Account, after which Company will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may use a secondary payment method in your Account, if available.
If you are a Caddie, Company has a zero tolerance policy for failing to show up timely or at all for the round. You will not be paid if you fail to show up at the time and location you voluntarily agreed to and you will not be offered any other jobs unless the absence was caused by extraordinary circumstances that are verified by supporting evidence. The enforcement of this policy shall be at the sole, absolute, and unreviewable discretion of Company.
If you are a golfer, you may elect to cancel your request for golf caddie services only with prior notice given through the Applications and Services, subject to the terms outlined herein and a $5 per player non-refundable booking fee. For cancellation 72 or more hours prior to the scheduled tee time, the golfer will be issued a full refund minus the non-refundable booking fee. If cancellation occurs within 72-24 hours of the scheduled tee time, the golfer with receive a 50% refund. Cancellations within 24 hours of the scheduled tee time will not receive a refund.
If you are a golfer, you understand and agree that the Charges do not include gratuities. Although gratuities are optional and based on the level of caddie services you have received, a recommended gratuity will be provided to golfers as guidance for golf caddie services they may procure from using the Application and Services. If you are a Caddie, you understand gratuities are optional and at the discretion of the golfer.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APPLICATIONS AND SERVICES. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR GOLF CADDIES WHO ARE PROVIDING GOLF CADDIE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATIONS AND THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
10. Limitation of Liability.
COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APPLICATIONS AND THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR COUNTING YOUR GOLF CLUBS AFTER EACH ROUND AND ENSURING THAT YOUR GOLF EQUIPMENT IS IN WORKING ORDER. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR EXPERIENCE WITH YOUR GOLF CADDIES. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Company and its owners, managers, officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Applications and Services or the golf caddie services obtained through your use of the Applications and the Services; (ii) your breach or violation of any of these Terms; or (iii) Company’s use of your User Content.
12. Compliance with Golf Course and Club Rules.
You are using the Applications and the Services to connect with a golf caddie at a golf course selected by you. While Company will work to inform golfers and caddies of course-specific policies in advance, it is your responsibility to learn about and comply with the Rules and Regulations of the golf course you have chosen. For example, certain golf clubs have rules regarding the types of clothing you may wear. If a golf club does not permit you to play on their golf course as a result of your failure to comply with their Rules and Regulations, Company shall not be liable to you in any way and shall not issue you a refund of any Charges.
13. Choice of Law; Jurisdiction.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles. The exclusive jurisdiction for hearing of disputes regarding These Terms, the Applications and the Services, and the golf caddie services shall be in the State of Delaware.
14. Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Company’s designated agent as shown on the Company’s website.
Company may give notice by means of a general notice on the Applications and Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to Company at the address specified on the Company’s website.
You may not assign these Terms without Company’s prior written approval. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
The Company believes that privacy is important to the success of our business. Should you have any questions about this policy or our practices, please send an email to us at the notice address on our website. You can also call us at (888) 825-7753.
If you voluntarily create an Account, Company will collect your personal information online which shall include your name, address, telephone number and/or email address and may include your credit card or bank account information. Company does not retain your credit card or banking information on its website; instead, Company has engaged a qualified third party processor to maintain this information and to process payments.
If you have voluntarily registered for an Account, you may review and change your personal information as provided within the Company’s website.
Company may use your personal information contained in your Account to process or collect payments. Company will not disclose any personal information to any third party (excluding our third-party payment processing partner) unless (1) you have authorized us to do so; (2) we are legally required to do so, for example, in response to a subpoena, court order or other legal process and/or, (3) it is necessary to protect our property rights.
Company exercises great care to protect your personal information. This includes, among other things, using industry standard techniques such as firewalls, encryption, and intrusion detection. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email since we have no way of protecting that information until it reaches us.
If you are using Company’s Applications and Services and have voluntarily created an Account, Company recommends that you do not divulge your password to anyone. Company will never ask you for your password in an unsolicited phone call or in an unsolicited email.
From time to time, we may change this privacy statement. For example, as we update and improve our services, new features may require modifications to the privacy statement. Accordingly, please check back periodically.
Date: November 7, 2016