STANDARD TERMS AND CONDITIONS
for GOLF CARD PLUS – 2005 EDITION
Whenever you log on to this site,
by using the site you agree that these
conditions of dealing apply to what
you do and TonicBox does, and that
there is a contract between us on
these terms. Your statutory rights
are not affected. TonicBox's privacy
policy applies to this contract.
Defining terms
In these conditions unless it is
obvious that they have some other
meaning, the "site" means
the website called Golf Card Plus,
the word "we" means TonicBox,
the word "you" means the
person who logged onto the site and
caused any relevant fee to be paid
and other words have their usual meaning
except where they are referred to
on the site and given a definition
there, which will then apply. Terms
set out on the face of the site are
incorporated in these terms and treated
as part of them.
Nature of the site
Golf Card Plus is an on-line entertainment
facility for golfers to enter statistical
information and have it processed
in several different ways. They may
then conveniently interpret it for
any personal use they may wish. It
provides for record-keeping and for
statistical analysis of the records.
We take all reasonable care to ensure
that the output produced by Golf Card
Plus is a true reflection of the information
put in by you as user. Neither we
nor anyone on our behalf makes any
claim or promise in relation to the
effectiveness of the output of the
site for any purpose other than providing
statistical representation of information
provided by you. The site is provided
only on the basis that you will not
use it for any purpose intended or
primarily intended to confer on you
any financial benefit. If you do use
it for such a purpose we will not
be liable for any loss you may suffer
whether directly or indirectly.
What you must do
If you use the site you must provide
us with all the information needed
to enable us to identify you whenever
you log on and you are responsible
for ensuring that that information
is correct, that you have the right
to enter it on the site, and that
you keep confidential any of it which
is not in your sole gift to use for
the purpose. You are also responsible
for making sure that your computer
is not accessible by others in such
a way that they can use the site without
permission from us. You must keep
our information - that is to say anything
that we tell you only so that you
can use the site - confidential, and
keep your password secret so that
it cannot be used by anyone other
than yourself.
You must take the earliest possible
opportunity to confirm to your own
satisfaction that we have carried
out our obligations under these terms
and notify us immediately if you find
any reason to believe we have not
done so.
When you log on to the site you are
communicating with us by electronic
means and you must allow us to communicate
with you by electronic means too.
You must use the site only in accordance
with these terms.
What we will do
We will take reasonable steps to
provide access for you to the site
and keep the site available to you
and do so with proper skill and care
and to the usual standards of the
industry. Our honest and reasonable
judgments in the provision of the
facilities of the site will be the
basis of what we do unless we have
specifically agreed otherwise in writing.
By accepting your payment we will
give you as long as your payment is
maintained a licence to use the site
limited to the entering of your own
information and the viewing and downloading
of those parts of the site intended
for viewing and downloading.
We aim for high standards in all
we do and will do what is reasonable
to achieve them in providing the site.
If we are properly notified of any
defects in the site we will if they
are the result of any error on our
part put them right as soon as reasonably
practicable. We will take proper reasonable
steps to limit downtime of the site
as far as within our control.
We will retain the intellectual property
rights in anything of ours which is
on the site but give you any rights
you need in order to enable you to
use the site to its fullest potential
under these terms. We will keep confidential
all information we receive or learn
from you in terms that render them
confidential and will use it only
for the purposes for which you provided
it.
We will perform our duties within
our Privacy Policy for the time being
as far as within our control.
What we will NOT do
We will not be bound to do anything
which has not first been agreed by
us in writing either at the outset
or as the agreement has gone on. Except
in relation to relevant personal injuries
we will not accept liability for losses
beyond the cost of what you have paid
for the use of the site in accordance
with this contract. We will not be
liable to pay to you or anyone else
(unless by law we are barred from
excluding the liability or we have
otherwise agreed in writing in advance)
damages arising from any consequential
losses (including but not limited
to loss of profits) you or anyone
else may suffer if we do not carry
out our work or perform our obligations
under the agreement in accordance
with these conditions, even if such
a loss might have been foreseeable
to anyone knowing all relevant facts.
We will not be bound to continue
to give or allow you access to the
site under this or any previous or
subsequent agreement if you have not
paid the appropriate fee in respect
of the relevant period, even if there
is an argument between you and us
about the amount due.
We will not be bound to continue
to provide access to the site if you
have failed or have yet to provide
any required information or facility,
or where the provision made by you
has been incomplete or otherwise incorrect.
We will not be responsible for advising
you or anyone on your behalf of the
suitability of the use of the site
for any specific purpose to which
you wish to put it.
We will not be bound to continue
to provide access to the site goods
at any time when performance is impracticable
because of outside forces entirely
beyond our control including, for
example, terrorist activity government
prohibition riots strikes or other
civil or international disorder. In
particular we will not be liable for
any cost or loss arising from access
to the site not being available to
you at any particular time. The nature
of the world wide web is such that
interruptions in availability are
inevitable from time to time, and
maintenance of the site also requires
that access to it may be occasionally
restricted or suspended for that purpose.
We reserve the right to maintain the
site and repair it at such times as
we think best, having regard to all
relevant interests.
What you must not do
You must not disclose to anyone other
than for the necessary purposes the
use of the site under these terms
anything you learn about us or about
the site or the techniques used by
us to produce the site or any part
of it unless either we authorise you
to do so or the information is already
public or becomes public before you
disclose it.
You must not seek to pass on to anyone
else without our agreement any rights
that you may have under these conditions.
You must not use the site for any
illegal immoral or improper purpose
nor cause any damage to the site or
any part of it.
General conditions
Except in relation to time of payment,
time is not of the essence of any
agreement made under these terms unless
specifically so agreed in writing
by you and us in advance.
Payment of the fee entitles you to
access to the site for the period
to which the payment relates. Neither
we nor you may terminate the agreement
made under these terms before the
expiry of that period unless the other
is in relevant breach of these terms
and has continued so fail even after
being given notice of the breach and
a reasonable time to remedy it.
Neither you nor we will be bound
to continue to waive any rights under
any agreement made under these terms
as a result of having waived or delayed
enforcing those or any other rights
in the course of its performance.
Both you and we will abide by all
statutes, regulations and similar
legal obligations which relate either
directly or indirectly to the performance
or outcome of performance of any agreement
made under these terms.
Any agreement made under these terms
is governed by English Law, the Interpretation
Acts shall apply to it, it shall be
construed as if they were a Statute,
and it shall be subject to the jurisdiction
of the courts of England and Wales,
but no third party shall be entitled
to the benefit of any term of any
agreement made under these terms unless
that entitlement arises other than
by virtue of the provisions of the
Agreements (Rights of Third Parties)
Act 1999. These conditions and relevant
parts of the site are the whole agreement
between you and us unless we have
written down a different agreement
or amendment to it and signed that
written record.
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