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UGolf2.com (“UGolf2”), part of DIMMbizz Ltd., provides internet services,
as they may exist from time to time (the “Services”), to: (1) individuals
who establish an account with UGolf2 and subscribe (which may include a fee) for
certain Services (“Subscribers”); and (2) individuals who access some
of our Services but do not have accounts (“Visitors”) (Subscribers
and Visitors are collectively referred to as “User(s)”). Through establishing
an account with UGolf2 or by using the Services, all Users agree to these Terms
of Use, and our other policies. If you do not wish to be bound by the terms and
conditions of Terms of Use, you may not use any of our Services.
While UGolf2 does not exercise any control over the content of any web site
other than our own, we reserve the right to remove any materials that we believe
may be illegal, subject us to liability; or may violate this Terms of Use. UGolf2
also reserves the right to cooperate with legal authorities and/or third parties
with respect to the investigation of any suspected or alleged criminal or civil
violation. Any violation of these Terms of Use may result in the suspension
of termination of your use of the Services and/or your UGolf2 Account.
UGolf2 is a trademark of DIMMbizz Ltd. By accessing this website and the materials,
services and information contained herein, you acknowledge that you have read,
understand, accept and agree to be bound by the terms and conditions that follow.
I PROPRIETARY RIGHTS
The site content is protected by copyright. All rights in the pages, site content
and arrangement are owned by UGolf2.com or its licensors. Users are prohibited
from modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any site content for
any other purposes than that of this site, i.e. providing information about
UGolf2.com.
II VIOLATIONS
A User may not use the Services to:
(i) Restrict or inhibit any other User from using and enjoying the Services;
(ii) Post or transmit any unlawful, threatening, abusive, libellous, defamatory,
obscene, pornographic, profane, or in any other form objectionable information.
(iii) Post any sexually explicit materials or materials that may be offensive;
(iv) Post or transmit any information or software that contains a virus, cancelbot,
Trojan horse, worm or other harmful component;
(v) Post or transmit information that threatens or encourages harm or destruction
of property, or harasses another individual;
(vi) Upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Services which is protected
by copyright, trademark, patent, trade secret, or other proprietary right, or
derivative works with respect thereto, without obtaining permission of the copyright
owner or rightholder, including, but not limited to, the unauthorized copying
of copyrighted material, the digitization and distribution of photographs from
print publications, or other copyrighted sources, and the unauthorized transmittal
of copyrighted software;
(vii) Upload, post, publish, transmit, reproduce, transmit or distribute in
any way any component of the Services or derivative works with respect thereto;
(viii) Send unsolicited advertising or promotional materials to other network
users;
(ix) Allow users to run Maillist, Listserv or any form of auto-response from
a User's UGolf2 Account;
(x) Harm, or attempt to harm, minors in any way;
(xi) Run or activate processes while User is not logged in;
(xii) Violate the security of any computer network, crack passwords or security
encryption codes, transfer or store illegal material including that deemed threatening
or obscene, or engage in any kind or illegal activity. This includes “denial
of service” attacks against another network host or individual user. It
is the User’s responsibility to ensure their network is configured in
a secure manner;
(xiii) Attempt to defeat any idle timer or system tool intended to enforce the
part-time and personal nature of User's connection, including the use of pingbots
and other methods of avoiding timing disconnection;
(xiv) Violate any of the rules, regulations and policies of those networks and
computer systems accessed via User's UGolf2 Account;
(xv) Collect, or attempt to collect, personal information about third parties
without their consent; or
(xvi) Resell the Services without UGolf2’s authorization.
III THIRD PARTY SERVICES AND BOOKINGS
UGolf2 in its function shall have the role of an intermediary of services and
products (i.e. bookings) from third parties for Users. The arranged products
and services offered by these third parties therefore shall rest solely on a
contractual basis that the visitor shall have agreed to with the third parties.
UGolf2 shall assume no liability in any form for the business that the visitor
shall conclude with the third party. The selection of a third party shall be
exclusively incumbent on the visitor.
All tee times booked through UGolf2 will be considered as a contract between
the client and the golf club when accepted by the golf club. The regulations
of the golf club will apply to this contact. UGolf2 merely functions as facilitator.
The same applies for the financial transaction, which is a matter between the
golf club and the visitor.
A golf club has the possibility to note any unsatisfactory circumstances, i.e.
if a Tee-Time reservation has a No show. This will result in a negative rating
for the visitor and may affect future bookings or any other transaction. Bookings
are permitted for 4 persons or less. Generally the terms and conditions of the
relevant golf club apply with any cancellation.
IV REMEDIES
User agrees that UGolf2 may terminate the services if user is in violation of
any term in these Terms of Use, without prior notice.
V KNOWN VIOLATIONS
UGOLF2 requests its users to notify us at: info@UGolf2.com in case you believe
there is a violation of these Terms of Use.
UGOLF2 reserves the right to revise, amend or modify these Terms of Use at any
time without notice.
VI LINKED INTERNET SITES
Users are advised that information on hyperlinked or referred-to websites is
neither investigated nor analysed by UGolf2.com No warranty or representation,
express or implied, is given as to the accuracy or completeness of that information.
In no event will UGolf2.com, nor any of its directors, employees or advisors
accept any liability with regard to the information contained in the individual
UGolf2.com, business unit or product group's websites or any other hyperlinked
or referred-to websites.
UGolf2.com is not responsible for the content of any other internet sites linked
to a site. A link to another site is meant for convenience only and does not
imply that UGolf2.com endorses the site or any products or services that it
describes. Your access to and use of any other internet sites linked to or from
this site is at your own risk and UGolf2.com assumes no obligation or liability
in connection therewith. UGolf2.com reserves the right to terminate any link
or linking program at any time.
By accessing this site, you also agree to abide by the proprietary guidelines
set forth at any website accessed or linked to through this site.
VII LIABILITY
While UGolf2.com use reasonable efforts to include accurate and up-to-date information
on this website, errors or omissions sometimes occur. UGolf2.com expressly disclaim
any liability, whether in contract, tort, strict liability or otherwise, for
any direct, indirect, incidental, consequential, punitive or special damages
arising out of or in any way connected with your access to or use of this site
whether or not UGolf2.com was aware of the possibility of such damages.
All information on this site, including but not limited to graphics, text and
links to other sites, is provided 'as is' and is subject to change without prior
notice. Such information is provided, to the fullest extent permissible pursuant
to applicable law, without warranty of any kind express or implied, including
but not limited to implied warranties of merchantability, fitness for a particular
purpose, non-infringement and freedom from computer viruses or similar disabling
devices.
UGolf2.com does not warrant the adequacy, accuracy or completeness of any information
on this site and expressly disclaim any liability for errors or omissions therein.
Users are responsible for evaluating the accuracy, completeness or usefulness
of any information or other content available on this site.
UGolf2.com does not warrant the error free and uninterrupted service of this
website.
VII JURISDICTION AND APPLICABLE LAW
This agreement and the contractual relationship between the User and UGolf2
shall be subject to Dutch law exclusively with the express exclusion of international
treaty standards. The courts of Middelburg, The Netherlands, shall have jurisdiction
over any disputes arising from this agreement. UGolf2 shall be entitled to pursue
the User in any other court, including those holding jurisdiction at the client’s
headquarters.
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