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Go to Payment Terms of Service
Effective: April 1, 2018
1. Contractual Relationship
ANY PARTICIPATION IN THIS SITE OR MOBILE SOFTWARE APPLICATION AS A CADDIE WILL CONSTITUTE ACCEPTANCE OF THESE CADDIE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE CADDIE TERMS, PLEASE DO NOT USE THIS SITE OR THE MOBILE SOFTWARE APPLICATION.
Company may amend these Caddie Terms related to the Services from time to time. Amendments will be effective upon Company’s posting of such updated Caddie Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Caddie 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. CADDIES ARE INDEPENDENT CONTRACTORS WHO ARE SOLELY RESPONSIBLE FOR THE GOLF CADDIE SERVICES THEY ARE PROVIDING. THE COMPANY, THROUGH ITS APPLICATIONS AND ITS SERVICES, IS PROVIDING A MEANS FOR GOLFERS OR CLUBS TO LOCATE CADDIES AND CADDIES TO LOCATE CADDIE ENGAGEMENTS. NO REPRESENTATION OR WARRANTY IS BEING MADE BY THE COMPANY WITH REGARD TO THE GOLF CADDIE SERVICES PROVIDED BY ANY CADDIE(S).
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 Caddie 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 Caddie 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 birth date, information about your experience as a caddie, and certain information relating to paymentfor the booking of caddie engagements procured by using the Applications and Services.. 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 may result in your inability to access and use the Applications and 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 Applications and Services are available only to holders of Accounts. 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 of these acts, you are solely responsible for any liability that arises as a result, and 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 or its users may send you informational text (SMS) messages or emails as part of the use of the Application and Services. Caddies may receive communication via push notification, text (SMS) message, phone calls, or emails from golf course staff or golfers in connection with the offering of caddie engagements, and golf course staff and golfers agree to use these communication methods for the express purpose of providing or receiving information regarding golf caddie services or caddie engagements. All users should report immediately to the Company any instance of misuse, inappropriate, or unlawful act using the communication features of the Application and 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.
Payments will be governed by the Payment Terms of Service. Caddies will pay the amount reflected in the Application when they are offered the opportunity to provide golf caddie services (the “Agreed Rate”) if and when they accept an offer. The Agreed Rate may vary by course or offer type. In the case of caddie engagement cancellations due to weather or initiated by the club or golfer, Caddies will receive a refund of the full Agreed Rate within ten (10) business days. Caddies may receive cash gratuity from users for completion of golf caddie services. Caddies understand that gratuities are optional and at the discretion of the golfer. Company does not provide any recommendations or requirements regarding gratuities for golf caddie services.
Caddies are expected to perform golf caddie services for caddie engagements that they accept using the Company’s Applications and Services. Caddie payments for golf caddie services, if at all facilitated by Company’s Applications and Services, will not be paid if the Caddie fails to show up and/or perform golf caddie services at the time and location they voluntarily agreed upon, and Caddie may not be offered additional caddie engagements using the Applications and Services in the future.
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 CADDIE 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 AVAILABILITY OF 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. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR EXPERIENCE WITH GOLFERS WHEN PROVIDING GOLF CADDIE SERVICES. AS AN INDEPENDENT CONTRACTOR, YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH CARE, WORKERS’ COMPENSATION COVERAGE AND THE COVERING OF ANY INJURIES OR DAMAGES YOU SUFFER OR CAUSE WHILE ENGAGED AS A CADDIE. 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, any golf course or facility or its owners, managers, or employees, where any golf caddie services may have been arranged as a result of the Services, and any golfers or users of the Service 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 provided as a result of your use of the Applications and Services; (ii) your breach or violation of any of these Caddie Terms; or (iii) Company’s use of your User Content,
12. Compliance with Golf Course or Club Rules.
You are using the Applications and the Services to find opportunities to provide golf caddie services at golf courses, opportunities which you can freely accept or decline. It is your responsibility to learn about and comply with the Rules and Regulations of the golf course where you have chosen to provide golf caddie services. For example, certain golf clubs have rules regarding the types of clothing anyone may wear on the golf course or specific safety gear that Caddies may be required to utilize while on their property. If a golf club does not permit you to provide golf caddie services at their 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 be responsible in any way to any Caddies or golfers that fail to be in compliance with course Rules and Regulations.
13. JURY TRIAL WAIVER; CLASS ACTION WAIVER.
AS PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BEFORE A JURY IN CONNECTION WITH ANY DISPUTE (AS “DISPUTE” IS HEREINAFTER DEFINED), AND AGREES THAT DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, AS SET FORTH BELOW. IF PERMITTED BY APPLICABLE LAW, EACH PARTY ALSO WAIVES THE RIGHT TO LITIGATE IN COURT OR AN ARBITRATION PROCEEDING ANY DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. THIS PROVISION IS A MATERIAL INDUCEMENT TO THE COMAPNY TO PROVIDE THE SERVICES DESCRIBED HEREIN OR IN THE OTHER RELATED DOCUMENTS.
a) If a claim, dispute, or controversy arises between the Company and User with respect to this Agreement, related agreements, or any other agreement or business relationship between the Company and User whether or not related to the subject matter of this Agreement, and whether based upon contract, tort, or otherwise (all of the foregoing, a “Dispute”), any party to this Agreement may require that the Dispute be resolved by binding arbitration before a single arbitrator at the request of any party. By agreeing to arbitrate a Dispute, each party gives up any right that party may have to a jury trial, as well as other rights that party would have in court that are not available or are more limited in arbitration, such as the rights to discovery and to appeal.
b) Arbitration shall be commenced by filing a petition with, and in accordance with the applicable arbitration rules of, the American Arbitration Association or National Arbitration Forum (“Administrator”) as selected by the initiating party. If the parties agree, arbitration may be commenced by appointment of a licensed attorney who is selected by the parties and who agrees to conduct the arbitration without an Administrator. Disputes include matters based on or arising from an alleged tort, or involving either of the parties’ employees, agents, affiliates, or assigns of a party. However, Disputes do not include the validity, enforceability, meaning, or scope of this arbitration provision and such matters may be determined only by a court. Venue for the arbitration proceeding shall be at a location determined by mutual agreement of the parties or, if no agreement, in the city and state where the Company is headquartered at the time that a demand for arbitration is filed.
c) Arbitration under this provision concerns a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. This arbitration provision shall survive any termination, amendment, or expiration of this Agreement. If the terms of this provision vary from the Administrator’s rules, this arbitration provision shall control.
Each party (i) certifies that no one has represented to such party that the other party would not seek to enforce jury and class action waivers in the event of suit, and (ii) acknowledges that it and the other party have been induced to enter into this Agreement by, among other things, the mutual waivers, agreements, and certifications in this section.
16. Choice of Law; Jurisdiction.
These Caddie 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 Caddie Terms, the Applications and the Services, and the golf caddie services shall be in the State of Delaware.
17. 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 Caddie Terms without Company’s prior written approval. If any provision of these Caddie 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 Caddie Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.