Applicability of Terms and Conditions
These terms and conditions shall govern your use of our website. By using our website, you accept
these terms and
conditions in full; accordingly, if you disagree with these terms and conditions or any part of
these terms and
conditions, you must not use our website. If you register with our website, submit any material to
our website or
use any of our website services, we will ask you to expressly agree to these terms and conditions.
You must be at
least 18 years old to use our website; by using our website or agreeing to these terms and
conditions, you warrant
and represent to us that you are at least 18 years old. Our website uses cookies ; by using our
website or agreeing
to these terms and conditions, you consent to our use of cookies in accordance with the terms of our
privacy and
cookies policy.
Copyright notice
Copyright (c) 2005 Golf In. Subject to the express provisions of these terms and conditions: we,
together with our
licensors, own and control all the copyright and other intellectual property rights in our website
and the material
on our website; and all the copyright and other intellectual property rights in our website and the
material on our
website are reserved.
Liscence to use website
You may view pages from our website in a web browser, download pages from our website for caching in
a web browser,
print pages from our website, use our website services by means of a web browser. Subject to the
other provisions of
these terms and conditions.
Except as expressly permitted in the previous paragraph or the other provisions of these terms and
conditions, you
must not download any material from our website or save any such material to your computer. You may
only use our
website for your own personal and business purposes, and you must not use our website for any other
purposes. Except
as expressly permitted by these terms and conditions, you must not edit or otherwise modify any
material on our
website.
Unless you own or control the relevant rights in the material, you must not; republish material from
our website
(including republication on another website); sell, rent or sub-license material from our website;
show any material
from our website in public; exploit material from our website for a commercial purpose; or
redistribute material
from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our
discretion; you
must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures
on our website.
Notwithstanding previous paragraph, you may redistribute our newsletters in print and electronic
form to any person.
Acceptable use
You must not; use our website in any way or take any action that causes, or may cause, damage to the
website or
impairment of the performance, availability or accessibility of the website; use our website in any
way that is
unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose
or activity; use our website to copy, store, host, transmit, send, use, publish or distribute any
material which
consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit or other
malicious computer software; conduct any systematic or automated data collection activities
(including without
limitation scraping, data mining, data extraction and data harvesting) on or in relation to our
website without our
express written consent; access or otherwise interact with our website using any robot, spider or
other automated
means, except for the purpose of search engine indexing; use data collected from our website for any
direct
marketing activity (including without limitation email marketing, SMS marketing, telemarketing and
direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons
or entities. You
must ensure that all the information you supply to us through our website, or in relation to our
website, is true,
accurate, current, complete and non-misleading.
Member cards
You must use your member card only with Zone Golf In simulators. The member card will give you
access to member
rates at any Zone Golf In location. If you load your card with money, this added money can only be
used at the
purchase location. You are responsible of providing a valid e-mail address to activate your member
card. Neither
Golf In or Zone Golf In is responsible for any lost, damaged or stolen cards.
Registration and accounts
You may register for an account with our website by completing and submitting the account
registration form on our
website. You must not allow any other person to use your account to access the website. You must
notify us in
writing immediately if you become aware of any unauthorised use of your account. You must not use
any other person's
account to access the website, unless you have that person's express permission to do so.
User login details
If you register for an account with our website, we will provide you with or you will be asked to
choose a user ID
and password. Your user ID must not be liable to mislead and must comply with the content rules set
out in Section
‘Your content rules’; you must not use your account or user ID for or in connection with the
impersonation of any
person. You must keep your password confidential. You must notify us in writing immediately if you
become aware of
any disclosure of your password. You are responsible for any activity on our website arising out of
any failure to
keep your password confidential, and may be held liable for any losses arising out of such a
failure.
Cancellation and suspension of account
We may; suspend your account, cancel your account and/or edit your account details; at any time in
our sole
discretion without notice or explanation. You may cancel your account on our website using your
account control
panel on the website.
Your content: liscence
In these terms and conditions, "your content" means all works and materials (including without
limitation text,
graphics, images, audio material, video material, audio-visual material, scripts, software and
files) that you
submit to us or our website for storage or publication on, processing by, or transmission via, our
website. You
grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store,
adapt, publish,
translate and distribute your content in any existing or future media OR reproduce, store and
publish your content
on and in relation to this website and any successor website OR reproduce, store and, with your
specific consent,
publish your content on and in relation to this website.
You grant to us the right to sub-license the rights licensed above. You grant to us the right to
bring an action for
infringement of the rights licensed above. You hereby waive all your moral rights in your content to
the maximum
extent permitted by applicable law; and you warrant and represent that all other moral rights in
your content have
been waived to the maximum extent permitted by applicable law. You may edit your content to the
extent permitted
using the editing functionality made available on our website. Without prejudice to our other rights
under these
terms and conditions, if you breach any provision of these terms and conditions in any way, or if we
reasonably
suspect that you have breached these terms and conditions in any way, we may delete, unpublish or
edit any or all of
your content.
Your content: Rules
You warrant and represent that your content will comply with these terms and conditions. Your
content must not be
illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving
rise to legal
action against any person (in each case in any jurisdiction and under any applicable law). Your
content, and the use
of your content by us in accordance with these terms and conditions, must not; be libellous or
maliciously false, be
obscene or indecent, infringe any copyright, moral right, database right, trade mark right, design
right, right in
passing off, or other intellectual property right, infringe any right of confidence, right of
privacy or right under
data protection legislation, constitute negligent advice or contain any negligent statement,
constitute an
incitement to commit a crime ( instructions for the commission of a crime or the promotion of
criminal activity), be
in contempt of any court, or in breach of any court order, be in breach of racial or religious
hatred or
discrimination legislation, be blasphemous, be in breach of official secrets legislation, be in
breach of any
contractual obligation owed to any person, depict violence( in an explicit, graphic or gratuitous
manner), be
pornographic, lewd, suggestive or sexually explicit, be untrue, false, inaccurate or misleading,
consist of or
contain any instructions, advice or other information which may be acted upon and could, if acted
upon, cause
illness, injury or death, or any other loss or damage, constitute spam, be offensive, deceptive,
fraudulent,
threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory or
cause annoyance,
inconvenience or needless anxiety to any person.
Limited warranties
We do not warrant or represent: the completeness or accuracy of the information published on our
website; that the
material on the website is up to date; or that the website or any service on the website will remain
available. We
reserve the right to discontinue or alter any or all of our website services, and to stop publishing
our website, at
any time in our sole discretion without notice or explanation; and save to the extent expressly
provided otherwise
in these terms and conditions, you will not be entitled to any compensation or other payment upon
the discontinuance
or alteration of any website services, or if we stop publishing the website. To the maximum extent
permitted by
applicable law and subject to Section ‘Limitations and exclusions of liability’, we exclude all
representations and
warranties relating to the subject matter of these terms and conditions, our website and the use of
our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will: limit or exclude any liability for death or personal
injury resulting
from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any
liabilities in
any way that is not permitted under applicable law; or exclude any liabilities that may not be
excluded under
applicable law.
The limitations and exclusions of liability set out in this section and elsewhere in these terms and
conditions: are
subject to the section ‘Limitations and exclusions of liability; and govern all liabilities arising
under these
terms and conditions or relating to the subject matter of these terms and conditions, including
liabilities arising
in contract, in tort (including negligence) and for breach of statutory duty, except to the extent
expressly
provided otherwise in these terms and conditions. To the extent that our website and the information
and services on
our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be
liable to you in respect of any losses arising out of any event or events beyond our reasonable
control. We will not
be liable to you in respect of any business losses, including (without limitation) loss of or damage
to profits,
income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities
or goodwill. We
will not be liable to you in respect of any loss or corruption of any data, database or software. We
will not be
liable to you in respect of any special, indirect or consequential loss or damage. You accept that
we have an
interest in limiting the personal liability of our officers and employees and, having regard to that
interest, you
acknowledge that we are a limited liability entity; you agree that you will not bring any claim
personally against
our officers or employees in respect of any losses you suffer in connection with the website or
these terms and
conditions (this will not, of course, limit or exclude the liability of the limited liability entity
itself for the
acts and omissions of our officers and employees).
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms
and conditions in
any way, or if we reasonably suspect that you have breached these terms and conditions in any way,
we may: send you
one or more formal warnings; temporarily suspend your access to our website; permanently prohibit
you from accessing
our website; block computers using your IP address from accessing our website; contact any or all of
your internet
service providers and request that they block your access to our website; commence legal action
against you, whether
for breach of contract or otherwise; and/or suspend or delete your account on our website. Where we
suspend or
prohibit or block your access to our website or a part of our website, you must not take any action
to circumvent
such suspension or prohibition or blocking (including without limitation creating and/or using a
different account).
Variation
We may revise these terms and conditions from time to time. The revised terms and conditions shall
apply to the use
of our website from the date of publication of the revised terms and conditions on the website, and
you hereby waive
any right you may otherwise have to be notified of, or to consent to, revisions of these terms and
conditions, OR we
will give you written notice of any revision of these terms and conditions, and the revised terms
and conditions
will apply to the use of our website from the date that we give you such notice; if you do not agree
to the revised
terms and conditions, you must stop using our website. If you have given your express agreement to
these terms and
conditions, we will ask for your express agreement to any revision of these terms and conditions ;
and if you do not
give your express agreement to the revised terms and conditions within such period as we may
specify, we will
disable or delete your account on the website, and you must stop using the website.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or
obligations
under these terms and conditions. You may not without our prior written consent assign, transfer,
sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority
to be unlawful
and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or
enforceable if part
of it were deleted, that part will be deemed to be deleted, and the rest of the provision will
continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended
to benefit or
be enforceable by any third party. The exercise of the parties' rights under a contract under these
terms and
conditions is not subject to the consent of any third party.
Entire agreement
Subject to Section ‘Limitations and exclusions of liability’, these terms and conditions, together
with our privacy
and cookies policy, shall constitute the entire agreement between you and us in relation to your use
of our website
and shall supersede all previous agreements between you and us in relation to your use of our
website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any
disputes relating
to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the
courts of
Canada.
Statutory and regulatory disclosures
We are registered as Golf In with Golf Intérieur Inc. in Canada. Our VAT number is 816140941 RT0001,
1211511776
TQ001 and are subject to Canadians law and justice, which can be found at
cic.gc.ca. We subscribe to
Canada’s
code of conduct, which can be consulted electronically at
fcac-acfc.gc.ca.
Our details
This website is owned and operated by Golf In (Golf Intérieur Inc.). We are registered in Canada
under registration
number 1163375398, and our registered office is at 3960 Boulevard Dionne, Saint-Georges, Quebec, G5Y
8M3. Our
principal place of business is at 3960 Boulevard Dionne, Saint-Georges, Quebec, G5Y 8M3.
You can contact us: by post, using the postal address given above; using our website contact form;
by telephone, on
the contact number published on our website; or by email, using the email address published on our
website.