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Welcome to Golf Canada

Thank you for maintaining an official Golf Canada Handicap Factor® (“Handicap Factor”). The Services are provided by the Royal Canadian Golf Association (operating as Golf Canada), governed by The Royal Canadian Golf Association (“Golf Canada”), located at 1333 Dorval Drive, Oakville, Ontario L6M 4X7, Canada.

1. Overview of Services

The Golf Canada Score Centre is a national repository for Golf Canada member golfers’ scoring history and current Handicap Factor. Golf Canada member golfers that maintain their Handicap Factor are required to post every acceptable round for peer review. The Score Centre records your score history, computes your individual Handicap Factor and makes it available for others to view.

Scores can be posted to the Golf Canada Score Centre directly or through licensed partner web sites, club kiosks, and mobile applications.

Individuals with access to www.golfcanada.ca, licensed partner web sites, member club kiosks, official and licensed mobile applications can retrieve and view your recent score history and current Handicap Factor. This transparency is an essential aspect of maintaining your Handicap Factor by permitting peer review, required to ensure accurate score posting. Allowing other members and individuals the ability to view other members’ scores at any time helps improve peer review and continues to enhance the foundation of the golf club and the Handicap System.

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

It is important that you read the entirety of and understand this document. There are, however, a few basic terms that we need to emphasize:

2. Basic Terms

1. Any content you post, including your score history and current factor, will be available on the Golf Canada web site to anyone that wants to verify an Official Golf Canada Handicap Factor® using the lookup utility. Administrative users that may also have access to this system include Golf Canada staff, representatives from your Provincial Association and your member club.

2. Notwithstanding users with administrative access, as a member golfer, you may be able to determine if you do not want information made available to individuals that are not members of your member club. To modify these settings, sign into the Golf Canada Score Centre at www.golfcanada.ca and navigate to the Profile / Edit Profile tab. Once here, click on the Account Settings sub-tab. By marking your Personal settings as “Private” your details, score history and current Handicap Factor can only be viewed by other members of your member club.

3. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, these services are offered as-is, without any express or implied warranties.

4. You understand that through your use of the Services you consent to the collection and use as set forth in the Privacy Policy. of personal information, including the transfer of this information to the United States and/or other countries in which this information may be stored and processed for use by Golf Canada.

5. You are responsible for safeguarding any passwords that you may use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Golf Canada and it’s licensed partners cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

6. The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Golf Canada on the Services are subject to change. In consideration for Golf Canada granting you access to and use of the Services, you agree that Golf Canada and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

3. Privacy

Any information that you provide to Golf Canada is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries to provide our Services, stored and processed for use by Golf Canada. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, administrative messages (for example, notification of how changes to ESC affect your Official Golf Canada Handicap Factor®). These communications are considered part of the Services, which you may not be able to opt-out from receiving. As a condition of Golf Canada making the Services available to you and your using the Services, it is a condition that you agree to the Terms set forth in this document.

You can opt-out of most communications from Golf Canada, including our eGolf newsletter, by clicking on the unsubscribe links directly within each message.

4. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Golf Canada cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

5.Content on the Services

All Content including personal information and rounds played, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Under no circumstances will Golf Canada be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or calculations, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

6. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Golf Canada us not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Golf Canada of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Your License To Use the Services

As a Golf Canada member golfer, Golf Canada gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Golf Canada as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Golf Canada, in the manner permitted by these Terms and is not to be used by you for any other purpose

8. Changes to the Terms

Golf Canada may make changes to these Terms from time to time. Golf Canada will publish updated terms on our website. Changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Services, Products and/or Golf Canada Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Golf Canada.

9. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. Other than as expressly set out in these terms or additional terms, neither Golf Canada, its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the specific functions of the Services, or their reliability, availability, or ability to meet your needs. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Golf Canada AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Golf Canada will not be responsible or liable for any harm to your computer system or smartphone, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Golf Canada has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Golf Canada, its licensed partners or through the Services, will create any warranty not expressly made herein.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLF CANADA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOLF CANADA EXCEED THE GREATER OF ONE CANADIAN DOLLAR ($1.00 CAD) OR THE AMOUNT YOU PAID GOLF CANADA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GOLF CANADA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Controlling Law and Jurisdiction

The laws of the Province of Ontario will govern these Terms and any action related thereto. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in local or provincial courts located in Oakville, Ontario, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

12. Golf Canada Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Golf Canada. The Services are protected by copyright, trademark. Nothing in the Terms gives you a right to use the Golf Canada name or any of the Golf Canada trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Golf Canada, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

13. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Golf Canada and you regarding the Services (excluding any services for which you have a separate agreement with Golf Canada that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Golf Canada and you regarding the Services. No other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time; the most current version will always be on this page.

14. Ending These Terms

The Terms will continue to apply until terminated by either you or Golf Canada as follows. You may end your legal agreement with Golf Canada at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Golf Canada when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, the Rules of Golf as approved by The Royal Canadian Golf Association, ii) you fail to meet the player responsibilities under the Handicap System, iii) you create risk or possible legal exposure for us; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Section 9, Section 10, Section 11 and Section 12.

Last Update: March 23, 2013