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Effective as of 1st January 2006. Please read these Terms and Conditions and Privacy Policy (“TCPP”) carefully before using STROKEAVERAGE.COM.
Ownership
STROKEAVERAGE.COM is the only official website of Sum It Golf Services Limited (“SIGS”) (a limited liability company registered in England; company no: 04917617; registered office: 5 St Davids Close, West Wickham, Kent, BR4 0QY) (STROKEAVERAGE.COM, and SIGS collectively being “the Operators” for the purpose of these TCPP). All of the content of STROKEAVERAGE.COM (which includes without limitation all graphics, text, images, photographs, illustrations and, the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to SIGS.
Description of service
STROKEAVERAGE.COM currently provides access to informational and interactive resources relating to golf, which may include news and teaching articles, statistics, shopping and subscription services and, personalized content (the “Service”). The Service is provided "AS-IS" and "AS-AVAILABLE" for the user (“you”) and, the Operators are not responsible for the timeliness, deletion, or miss-delivery of any part of the Service.
Acceptance of terms
By agreeing to these TCPP, and/or by continued use of STROKEAVERAGE.COM, you are bound by the entirety of these TCPP. The Operators may modify these TCPP at any time, without notice, and such modifications shall be effective immediately upon posting of the modified TCPP. By continuing to use STROKEAVERAGE.COM after any modifications are posted, you are indicating your conclusive acceptance of those modifications. It is therefore your responsibility to check these TCPP each time you use STROKEAVERAGE.COM, so that you can take note of any modifications the Operators may make. The Operators may add, change, discontinue, remove or suspend any other content displayed on STROKEAVERAGE.COM, including the Service and any features and specifications of products described or depicted on STROKEAVERAGE.COM, temporarily or permanently, at any time, without notice and without liability.
Limited Licence
You are granted a limited licence to download the materials contained on STROKEAVERAGE.COM to a single personal computer and, to print a hard copy of the materials contained on STROKEAVERAGE.COM, for personal and commercial use provided all copyright, trade mark and other proprietary notices are left intact. In all cases the Operators must be acknowledged as the source of the material. Use of the materials contained on STROKEAVERAGE.COM on any other internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these TCPP. Use of any other materials on STROKEAVERAGE.COM including reproduction (for any purposes other than those noted above), duplication, modification, distribution and republication, without the prior written permission of SIGS is strictly prohibited and is a violation of the proprietary rights of the Operators. If you download any software from STROKEAVERAGE.COM, the software, including any images or files incorporated in or generated by the software and data accompanying the software (collectively, the “Software”) are subject to the limited licence set out above. The Operators and/or their respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
Registration
If you register with STROKEAVERAGE.COM, you agree to provide true, accurate, current and complete information about yourself. The Operators have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information.
Account security
On registration, you will be required to choose a username, password and membership ID. You are entirely responsible for maintaining the confidentiality of your username, password, membership ID and account and, for all activities that occur under your username, password, membership ID or account, including to whom you provide your membership ID. You agree to exit from your account at the end of each session if you have logged in to help prevent unauthorized use of your username, password, membership ID or account. The Operators cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Subscription services and billing
Some services offered on STROKEAVERAGE.COM may be subscription-based services. If you open an account for any subscription-based service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The Operators use World Pay (a part of the Royal Bank of Scotland Group) to provide components of subscription-based services including to securely process payments. The STROKEAVERAGE.COM database does not hold any records of payment card details. Additional terms and conditions from World Pay may apply. The Operators reserve the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by the Operators and, to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Subscribers"). Unless otherwise specifically stated, if you are a Subscriber, upon registering or renewing any subscription-based services, refund of fees will only be made available at the discretion of the Operators. If you have any balance due on your account for subscription-based services, you agree that the Operators may charge these unpaid fees to your payment card. Your subscription-based services will be terminated, until renewed by you, at the date of subscription end. Unless the Operators notify you in advance, the renewal charge shall be equal to the current price of the subscription-based service. Your right to use the subscription-based services is subject to any limits established by the Operators, subscription service provider, World Pay or by your payment card issuer. If payment cannot be charged to your payment card, or if the Operators are notified that you have disputed account charges with your payment card company, or your charge is returned for any reason, the Operators reserve the right to either suspend or terminate your access and account and, thereby terminating this TCPP and any of the Operators obligations hereunder.
Modification and termination of service
The Operators reserve the right to modify or terminate the Service (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice. The Operators reserve the right, in their sole discretion, to terminate your username, password, membership ID, account (or any part thereof) or access to or use of the Service, for any reason, including, without limitation, if the Operators believe that you have violated or acted inconsistently with the letter or spirit of these TCPP and, you agree that the Operators may do so without prior notice. You also agree that the Operators will not be liable to you or to any third party for any modification or termination of the Service.
Children under 16
If you are under 16, you must ask your parents or a guardian before you e-mail the Operators, or ask the Operators to e-mail anything to you, or send any information to the Operators, or register and purchase a subscription to STROKEAVERAGE.COM and/or use the Service. By continuing to use STROKEAVERAGE.COM and the Service, you are confirming that you have received the consent of your parents or guardian.
Indemnity
You agree to defend, indemnify and hold harmless all of the Operators and their respective directors, officers, employees, affiliates and agents from and against all liabilities, claims, damages, costs and expenses, including solicitors’ fees arising out of: your use of the Service; your connection to the Service; any material you post, upload, e-mail or otherwise transmit using the Service; or your violation, breach or alleged violation or breach of these TCPP.
Matters beyond our reasonable control
The Operators are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, the Operators reserve the right to cancel or suspend the Service without incurring any liability. In addition, the Operators are not liable for the failure of any equipment or software, wherever located or administered, or whether under the Operators direct control or not, that may prevent the operation of the Service, or prevent you from being able to contact the Operators. The Operators will not be liable for any failure to perform by a third party to this agreement.
Disclaimer
BOTH STROKEAVERAGE.COM AND THE SERVICE ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OPERATORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, THE OPERATORS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA STROKEAVERAGE.COM AND THE SERVICE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT STROKEAVERAGE.COM AND THE SERVICE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF STROKEAVERAGE.COM AND THE SERVICE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF STROKEAVERAGE.COM AND THE SERVICE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE OPERATORS NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR THE SERVICE OFFERED THROUGH STROKEAVERAGE.COM AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE OPERATORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFLIATES, AGENTS OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING STROKEAVERAGE.COM AND THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR, FIFTY POUNDS (£50). NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Conduct
Using or permitting or facilitating others to use the Service by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other automatic devises or computer programs or processes that monitor, copy, or download web pages, data or other content found on or accessed through the Service is expressly prohibited. In addition, uploading, posting, emailing, transmitting or otherwise making available any topic, name, material, or information that is hateful, racial, unlawful, harmful, threatening, abusive, harassing, tortuous, profane, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy is expressly prohibited. In addition, interfering with, disrupting, unreasonably draining the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translating, decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code for, or adapt in any way the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service is expressly prohibited. In addition, collecting personal data about others is expressly prohibited. In addition, creating a frame, browser or border around any of the content of the Service or linking to the Service without our prior express written permission (other than a plain text-only link to the home page of the Service, which link does not in any way imply a sponsorship or affiliation with the Service or the Operators) is expressly prohibited.
Links
STROKEAVERAGE.COM may contain links to other Internet sites on the World Wide Web. The Operators have no control over such sites and resources and, you acknowledge and agree that the Operators bear no responsibility for the availability of such external sites or resources, does not endorse and, bears no responsibility or liability for any content, advertising, products, viruses or harmful elements, or other materials on or available from such sites or resources and, the Operators also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party Web site or resource.
General Information
Those who choose to access STROKEAVERAGE.COM do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These TCPP shall be governed by and construed in accordance with the laws of England. Any dispute under these TCPP shall be subject to the exclusive jurisdiction of the courts of England (subject to appeal) and, by using STROKEAVERAGE.COM, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts. Any waiver of any provision of these TCPP must be in writing signed on behalf of the Operators to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these TCPP to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These TCPP represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written and, shall not be modified except in writing, signed by you and on behalf of the Operators. You may be subject to additional terms and conditions when you use affiliate services, third-party content or third-party software, or other parts of the Service including subscription components.
StrokeAverage.com Privacy Policy
This Privacy Policy set out below forms part of these TCPP and sets out the way in which your personal data are handled. Therefore please read this Policy carefully, as it explains what information the Operators will collect about you, how the Operators will use it and, the steps the Operators take to ensure that it is kept safe.
What information do the Operators collect?
In order to provide you with the Service, the Operators may collect personal information about you from STROKEAVERAGE.COM, telephone conversations, emails and, written and verbal communications. The Operators may, for example, keep a record of your gender, name, date of birth, address, telephone number, mobile telephone number, fax number, email address, website address, golfing status and, golf club/attachment name. Information related to your visit to STROKEAVERAGE.COM (such as which pages you visit and how often you visit) and the information you supply when becoming a Subscriber will be held and stored worldwide by the Operators and selected third parties. The Operators may supplement the information that you provide with other information that the Operators receive from third parties.
How do the Operators use your information?
Any personal data relating to you will be used and recorded by the Operators in accordance with current data protection legislation and this privacy policy. The Operators will primarily use your personal information to provide you with the Service. The Operators will also use the personal information that the Operators hold to communicate with you, for example: in the event that the Service is unavailable; for record keeping purposes; to recover debt and to help the Operators to prevent fraud; to improve the quality of the Service; for market research; or to track activity on STROKEAVERAGE.COM. By supplying your information to the Operators, you confirm that you do not consider use of your information in accordance with this Privacy Policy to be a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
Cookies
In common with many other website operators, the Operators may use standard technology called “cookies” on STROKEAVERAGE.COM. Cookies are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies enable the Operators to understand who has seen which pages, to determine how frequently particular pages are visited and to determine the most popular areas of STROKEAVERAGE.COM. Cookies also enable you to carry information across pages of STROKEAVERAGE.COM and avoid having to re-enter information. Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored, however, some areas of STROKEAVERAGE.COM may not provide you with an acceptable user experience if you have disabled the use of cookies.
Security of information
The Operators take the security of your personal information seriously. The Operators use World Pay (a part of the Royal Bank of Scotland Group) to provide components of subscription-based services including to securely process payments. The STROKEAVERAGE.COM database does not hold any records of payment card details. The Operators use industry standard Secure Sockets Layer (SSL) encryption technology to guard your information. In addition, the Operators have security procedures in place to protect the Subscriber database from loss and misuse, and only allow access to it when absolutely necessary and, then under strict guidelines as to what use may be made of the personal information contained within it. However the Operators cannot guarantee that any data transmission over the Internet is completely secure.
Updating and correcting information
The Operators would encourage you to promptly update your personal details if they change. You may update your personal information by changing your personal details on STROKEAVERAGE.COM or by contacting the Operators using the “Contact Us” page of STROKEAVERAGE.COM. When contacting the Operators, please supply your username, first and last name and, email address.
Your rights to access your personal information
You have the right to receive a copy of the personal details that the Operators hold about you. The Operators may charge a small fee towards the cost of administering any request you make.
How to contact the Operators
Please contact the Operators using the “Contact Us” page of STROKEAVERAGE.COM with any enquiries regarding these TCPP. When contacting the Operators, please supply your username, first and last name and, email address.
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