Terms of use

PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING THIS SITE.

I. Introduction and consent

These terms of use (“Terms”) apply to your use of the Chronogolf website (www.chronogolf.com), mobile application and any related services (“Services”). Your use of any of the Services signifies your agreement with the Terms. Please read and review the Terms carefully. Please note that certain websites linked in the Services are operated by third parties and are subject to the respective terms and conditions and privacy policies of such websites.

II. Privacy

Users of the Services should refer to Chronogolf’s privacy policy (located at https://www.lightspeedhq.de/legal/datenschutzerklarung-fur-konsumenten/) for information about how Chronogolf collects, uses and discloses their personal information(the “Privacy Policy”). To provide the Services, Chronogolf may transfer your personal information outside the country where you are located, including outside of Canada, for processing and storage. By using the Services, you agree to these Terms and provide your consent for your personal information to be stored and processed outside of Canada or the country where you are located and agree that your personal information will be handled in accordance with the Privacy Policy.

III. Registration

In order to access certain features of the Services, or to conduct a reservation or a transaction, you may be required to register for an account (“Account”). If you register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Services. You acknowledge and agree that Chronogolf will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Services. If Chronogolf has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, or for any other commercial reason, Chronogolf may suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are responsible for protecting the confidentiality of your user name and password. As part of the registration and account creation process necessary to obtain access to portions of the Services that require a reservation or payment, you will have to create a user account with a password. You will provide Chronogolf.com with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that Chronogolf.com, in its sole discretion, deems offensive or inappropriate.

IV. Transactions

You agree that all transactions made by you in the Services cannot be exchanged and are non-refundable. In the event that you are purchasing a tee time through any of the Services, please see the applicable Tee Time Policy. You will be responsible for paying all applicable taxes in connection with your purchase of any tee times. Such tee time purchases shall also be governed by the applicable policies of the golf courses at which you reserve such tee times. Please make special note of the course’s no-show or cancellation policy.

V. Account security

You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Chronogolf at [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Account, including but not limited to the use of the Account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in Chronogolf’s sole discretion, and Chronogolf.com may refer you to appropriate law enforcement agencies. You may terminate your Account at any time by sending an e-mail to [email protected]. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to disclose user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your password will be able to access your Account so you should take reasonable steps to protect this information. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the Account is terminated.

VI. Eligibility

The Services are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

VII. User conduct

In using the Services, you agree: (i) not to disrupt or interfere with the security of, or otherwise abuse, the Services, or any system resources, accounts, servers or networks connected to or accessible through the Services or affiliated or linked websites; (ii) not to disrupt or interfere with any other user’s enjoyment of the Services or affiliated or linked websites; (iii) not to upload, post or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; (iv) not to use, frame or utilize framing techniques to enclose any Chronogolf trademark, logo or other proprietary information (including the images found in relation to the Services, the content of any text or the layout/design of any page or form contained on a page) without Chronogolf’s express written consent; (v) not to use meta tags or any other “hidden text” utilizing a Chronogolf name, trademark or product name without Chronogolf’s express written consent; (vi) not to “deeplink” to the Serviceswithout Chronogolf’s express written consent; (vii) not to create or use a false identity in the Services; (viii) not to collect or store personal data about others; (ix) not to attempt to obtain unauthorized access to the Services or portions of the Services that are restricted from general access; (x) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any law; (xi) not to post any copyrighted material unless the copyright is owned by you or by Chronogolf.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities using the Services.

VIII. Links

Chronogolf makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Services or websites linking to the Services. The linked websites are not under the control of Chronogolf and Chronogolf is not responsible for the content of any linked websites or any link contained on a linked website or any review, changes or updates to such websites. The inclusion of any link does not imply affiliation, endorsement or adoption by Chronogolf of the linked website or any information contained therein. When leaving the Services, you should be aware that the Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of those websites.

IX. Mobile services

The Services are accessible through mobile devices. We do not charge for these mobile services but your carrier’s normal data and other rates and fees will still apply. These Terms apply to all such uses of any mobile-accessible internet. Any PII you enter into an application associated with the Services shall be stored on Chronogolf servers and not in the device itself.

X. Copyright

You acknowledge and agree that all content and materials made available in the Services, such as software, designs, images, text, editorial materials, data, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, names, logos, icons, trademarks and service marks, and the compilation of all content and materials in the Services are the exclusive property of Chronogolf and its suppliers and licensors and are protected by Canadian and international intellectual property laws. You may use, display and print one copy of the content and materials from the Services on a single device for your noncommercial and personal use only, provided that you maintain all copyright and other proprietary notices contained in such content or materials. You agree not to reproduce, download (other than page caching), modify, create derivative works of, publicly display or perform distribute, transmit, disseminate, broadcast, publish, adapt, sell, license or rent any content or materials made available in the Services(including, without limitation, display or distribution via a third party website) without Chronogolf’s prior written consent. You may not frame or utilize framing techniques to enclose any content or materials in the Services or create a hyperlink (or any other link) to the Services using any trademark or logo of Chronogolf to access such content or materials without Chronogolf‘s written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available in the Services.

XI. Disclaimers and limitation of liability

Disclaimers

By using the Services and/or transmitting to Chronogolf any feedback, comments, recommendations or other user information (collectively, the “Submissions”), you agree to indemnify Chronogolf, its affiliates, subsidiaries and related companies, and each of their respective officers, directors, parents, partners, employees, agents and distributors, for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of the Terms.

THE SERVICES, THEIR CONTENT AND ANY PRODUCTS PROMOTED, MARKETED, AND/OR SOLD BY CHRONOGOLF OR OTHERS ARE PROVIDED, TRANSMITTED AND DISTRIBUTED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHRONOGOLF MAKES NO WARRANTY: (I) THAT THE SERVICES OR THEIR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; (II) THAT DEFECTS OR ERRORS IN THE SERVICES OR THEIR CONTENTS WILL BE CORRECTED; (III) THAT THE SERVICES AND THEIR CONTENTS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN THE SERVICES; OR (V) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

Limitations on Liability

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CHRONOGOLF OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SERVICES; (II) THE USE OR INABILITY TO USE THE SERVICES; (III) THE PURCHASE OR USE OF ANY SERVICES THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SAFETY OR FUNCTION OF ANY SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THESE TERMS, EVEN IF CHRONOGOLF OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHRONOGOLF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHRONOGOLF FOR ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED BY CHRONOGOLF THROUGH YOUR USE OF THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE CLAIM.

Chronogolf will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.

XII. General

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. In the event of any controversy or claim arising out of or relating to this Agreement, or the breach or interpretation thereof, the parties agree to submit to the exclusive jurisdiction of and venue in the courts of the Province of Quebec, in the judicial district of Montreal. Each party hereby waives all defenses of lack of personal jurisdiction and forum nonconveniens in connection with any action brought in the foregoing courts. If Chronogolf prevails in any action or proceeding (including for collection) under this Agreement, then Chronogolf shall be entitled to recover, in addition to all other relief, its reasonable attorneys' and other experts' fees and expenses incurred with respect to such action or proceeding. You agree to waive any right you may have to commence or participate in any class action or representative proceeding against Chronogolf related to the Services or any claim arising therefrom and, where applicable, you also agree to opt out of any class or representative proceedings against Chronogolf.

If one or more of the provisions of these Terms is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of these Terms shall be unaffected. These Terms, along with the Privacy Policy, constitute the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. Chronogolf may amend these Terms at any time upon reasonable prior notice. The provisions of these Terms that should, by their nature or drafting, survive termination or expiry shall survive any termination or expiry of these Terms.

THESE TERMS OF USE WERE LAST REVISED ON JULY 16, 2021.

Contacting Chronogolf

Please feel free to share any comments and concerns with us. If you have any questions about these Terms of Use or the privacy practices of the Site, please contact us at:

Lightspeed Commerce Inc

700 St-Antoine Suite 811 Montreal, Canada H2Y 1A6

Or by clicking the support icon on the bottom right of your screen.