Terms & Conditions
TERMS OF SERVICE Last updated: 02/10/2021 1. Introduction Welcome to 10539465 Canada Inc. GolfHub. (“Company”, “we”, “our”, “ us”)! It will take you approximately 20 minutes. These Terms of Service (“Terms”, “ Terms of Service”) govern your use of our web pages located at https://golfhub.ca and our mobile application GolfHub Deals (together or individually “Service”) operated by 10539465 Canada Inc. GolfHub. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.golfhub.ca Your agreement with us includes these Terms and our Privacy Policy (“ Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@golfhub.ca so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service. Thank you for being responsible. 2. Communications By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at. 3. Purchases If you wish to purchase any product, package or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with
any Purchase; and that (ii) the information you supply to us is
true, correct and complete.
We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the
information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or service
availability, errors in the description or price of the product or
service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “
Promotions”) made available through Service may be governed
by rules that are separate from these Terms of Service. If you
participate in any Promotions, please review the applicable rules
as well as our Privacy Policy. If the rules for a Promotion conflict
with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“
Subscription(s)”). You will be billed in advance on a recurring
and periodic basis (“Billing Cycle”). Billing cycles are set either
on a monthly or annual basis, depending on the type of
subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you
cancel it or Smart Golf Deals Inc. cancels it. You may cancel your
Subscription renewal either through your online account
management page or by contacting GolfHub customer support
team.
A valid payment method, including credit card, crypto.com is
required to process the payment for your subscription. You shall
provide GolfHub with accurate and complete billing information
including full name, address, province, postal code, telephone
number, and a valid payment method information. By submitting
such payment information, you automatically authorize GolfHub
to charge all Subscription fees incurred through your account to
any such payment instruments.
Should automatic billing fail to occur for any reason, Smart Golf
Deals Inc. will issue an electronic invoice indicating that you must
proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the
invoice.
6. Fee Changes
GolfHub, in its sole discretion and at any time, may
modify Transaction fees for the Subscriptions. Any Transaction
fee change will become effective at the end of the then-current
Billing Cycle.
GolfHub will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to
terminate your Subscription before such change becomes
effective.
Your continued use of Service after Transaction fee change
comes into effect constitutes your agreement to pay the modified
Subscription fee amount.
7. Refunds
We issue refunds for Contracts within five (5) days of the original
purchase of the Contract.
8. Content
Content found on or through this Service are the property of
GolfHub or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content,
whether in whole or in part, for commercial purposes or for
personal gain, without express advance written permission from
us.
9. Prohibited Uses
You may use Service only for lawful purposes and in accordance
with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or
international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a
Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any
way is illegal, threatening, fraudulent, or harmful, or in connection
with any unlawful, illegal, fraudulent, or harmful purpose or
activity.
(f) To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of Service, or which, as determined
by us, may harm or offend Company or users of Service or
expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden,
damage, or impair Service or interfere with any other party’s use
of Service, including their ability to engage in real time activities
through Service.
(b) Use any robot, spider, or other automatic device, process, or
means to access Service for any purpose, including monitoring
or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the
material on Service or for any other unauthorized purpose
without our prior written consent.
(d) Use any device, software, or routine that interferes with the
proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or
other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of Service, the server on which
Service is stored, or any server, computer, or database
connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed
denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of
Service.
10. Analytics
We may use third-party Service Providers to monitor and analyze
the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google
that tracks and reports website traffic. Google uses the data
collected to track and monitor the use of our Service. This data is
shared with other Google services. Google may use the collected
data to contextualize and personalize the ads of its own
advertising network.
For more information on the privacy practices of Google, please
visit the Google Privacy Terms web page: Google Privacy
We also encourage you to review the Google's policy for
safeguarding your data: Google Analytics .
11. No Use By Minors
Service is intended only for access and use by individuals at
least eighteen (18) years old. By accessing or using any of
Company, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the
terms and conditions of Terms. If you are not at least eighteen
(18) years old, you are prohibited from both the access and
usage of Service.
12. Accounts
When you create an account with us, you guarantee that you are
above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate
termination of your account on Service.
You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the restriction
of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with
our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or
entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity
other than you, without appropriate authorization. You may not
use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
13. Intellectual Property
Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of GolfHub and its licensors. Service is protected by
copyright, trademark, and other laws of the United States and
foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior
written consent of GolfHub.
14. Copyright Policy
We respect the intellectual property rights of others. It is our
policy to respond to any claim that Content posted on Service
infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
(“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and
you believe that the copyrighted work has been copied in a way
that constitutes copyright infringement, please submit your claim
via email to info@smartgolfdeals.com, with the subject line:
“Copyright Infringement” and include in your claim a detailed
description of the alleged Infringement as detailed below, under
“DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and
attorneys' fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through Service on
your copyright.
15. DMCA Notice and Procedure for Copyright Infringement
Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the
copyrighted work;
(c) identification of the URL or other specific location on Service
where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
(f) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
You can contact our Copyright Agent via email at
info@golfhub.ca
16. Error Reporting and Feedback
You may provide us directly at info@golfhub.ca with information
and feedback concerning errors, suggestions for improvements,
ideas, problems, complaints, and other matters related to our
Service (“ Feedback”). You acknowledge and agree that: (i) you
shall not retain, acquire or assert any intellectual property right or
other right, title or interest in or to the Feedback; (ii) Company
may have development ideas similar to the Feedback; (iii)
Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv)
Company is not under any obligation of confidentiality with
respect to the Feedback. In the event the transfer of the
ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an
exclusive, transferable, irrevocable, free-of-charge, sub-
licensable, unlimited and perpetual right to use (including copy,
modify, create derivative works, publish, distribute and
commercialize) Feedback in any manner and for any purpose.
17. Links To Other Web Sites
Our Service may contain links to third party web sites or services
that are not owned or controlled by GolfHub.ca
Smart Golf Deals Inc. has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any
third party web sites or services. We do not warrant the offerings
of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT GOLFHUB SHALL
NOT BE RESPONSIBLE OR LIABLE, 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 SITES OR
SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF
SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB
SITES OR SERVICES THAT YOU VISIT.
18. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS
IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR
THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF
THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR
ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH
COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER
COMPANY NOR ANYONE ASSOCIATED WITH COMPANY
REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
19. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND
OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT
ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED
COSTS AND EXPENSES OF LITIGATION AND ARBITRATION,
OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT
LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER
TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION
ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY
YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES,
RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE
LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE
BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
20. Termination
We may terminate or suspend your account and bar access to
Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
21. Governing Law
These Terms shall be governed and construed in accordance
with the laws of Ontario without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the
remaining provisions of these Terms will remain in effect. These
Terms constitute the entire agreement between us regarding our
Service and supersede and replace any prior agreements we
might have had between us regarding Service.
22. Changes To Service
We reserve the right to withdraw or amend our Service, and any
service or material we provide via Service, in our sole discretion
without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From
time to time, we may restrict access to some parts of Service, or
the entire Service, to users, including registered users.
23. Amendments To Terms
We may amend Terms at any time by posting the amended terms
on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting of
revised Terms means that you accept and agree to the changes.
You are expected to check this page frequently so you are aware
of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorized
to use Service.
24. Waiver And Severability
No waiver by Company of any term or condition set forth in
Terms shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition, and
any failure of Company to assert a right or provision under Terms
shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of Terms will
continue in full force and effect.
25. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF SERVICE AND AGREE TO BE BOUND BY THEM.
26. Contact Us
Please send your feedback, comments, requests for technical
support:
By email: info@golfhub.ca
By phone number: 416-819-5085
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