User Agreement and Acceptance of Terms
Users will be able to visit the mobile application and view the tournaments available for entry (the “Event"). Each individual event has an entry fee listed in US or Canadian dollars depending on the location of the event. When you select to participate in an event and complete the entry process, the listed amount number of US or Canadian dollars will be debited from your GolfADay Ltd. account. A portion of the tournament entry will go to the prize pool and a portion will be an entry fee charged by GolfADay. All GST/HST is included in the tournament entry fee. All fees will vary with each tournament. Tournament entry fee and prize pool information will be available in the Event Info page for each individual tournament.
Green fees listed on application may or may not include tax. Green fees that do not include tax display two zeros to the hundredth decimal. Ex: 69.00. Greens fees that do include tax have values other than zero to the hundredth decimal. Ex: 75.32. Golfers pay all green fees in person at golf course.
Conditions of Participation
Users may deposit funds using Credit cards. Credit cards used for deposit must belong to the registered user of the account. Credit card types supported by GolfADay for deposits are Visa, Mastercard, Discover, and American Express.
Payment and Withdrawal
Any withdrawal requests, after approved by GolfADay will be credited back to the same credit card used to deposit funds on the Mobile Application within 90 days. GolfADay will only release remaining fund via PayPal or Cheque.
Cheques for withdrawal requests are processed within 5 business days and are sent via mail.
PayPal for withdrawal requests is processed within 5 business days. Users will be responsible for fees associate with transaction through PayPal.
Limit of one withdraw request per calendar month.
No substitution or transfer of prize is permitted.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. If the awarding of any prizes to winners of contests is challenged by any legal authority, GolfADay reserves the right in its sole discretion to determine whether or not to award such prizes.
Cancellation and Refund Policy
An authorized user must cancel their entry to an event 5 days before the event begins to receive a refund. Any cancellation within 5 days of an event authorized user will forfeit all fees associated with event entry. The exception is if the authorized user cancels and GolfADay Ltd. posts the entry and the spot is filled, then the user will be refunded the full amount to their user account. The golf course and or GolfADay Ltd. have the right to cancel events due to incremental weather or any other reason. In those cases, participants will receive refunds in full to user accounts.
Disclaimer of Warranties
The website, including, without limitation, all content, software, and functions made available on or accessed through or sent from the website, and or mobile application are provided "as is," "as available," and "with all faults." to the fullest extent permissible by law, the company affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about:
- The website and or mobile application;
- The content and software on and provided through the website and or mobile application
- The functions made accessible on or accessed through the website and or mobile application
- The messages and information sent from the website and or mobile application by users
- Any products or services offered via the website or mobile application or hypertext links to third parties.
- Security associated with the transmission of sensitive information through the website or any linked site.
The company does not warrant that the website, any of the websites' functions or any content contained therein will be uninterrupted or error- free; that defect will be corrected; or that the websites or the servers that makes them available are free of viruses or other harmful components.
The company does not warrant that your activities or use of the website is lawful in any particular jurisdiction and, in any event, the company specifically disclaims such warranties.
You understand that by using any of the features of the website and or mobile application, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the website, mobile application, or the content.
Further, the company and affiliates disclaim any express or implied warranties including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The company, affiliates, and the directors, officers, employees, and other representatives of each of them, shall not be liable for the use of the website and or mobile application including, without limitation, the content and any errors contained therein.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.
Limitation of Liability
You understand and agree that there are risks and dangers involved with participation in a golf tournament, including but not limited to being injured physically by golf clubs, golf carts, lightning strikes, earthquakes, tsunamis, tornados, hurricanes, heat stroke, heart attacks, and all other “acts of god” all for which you solely assume the risk and waive all claims of injury to body or property against GolfADay, host golf course, owners, company officers, employees and volunteers.
GolfADay accepts no responsibility or liability for personal or property damage associated with tournament event participation. You understand and agree that the company limits its liability in connection with your use of the website and or mobile applications as set forth below: under no circumstances shall the company, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the "company entities and individuals"), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to:
- The website, mobile application, the content, or your upload information.
- The use of inability to use, or performance of the website and or mobile application.
- Any action taken in connection with an investigation by the company or law enforcement authorities regarding your use of the website, mobile application, or content.
- Any action taken in connection with copyright owners.
- Any errors or omissions in the website's technical operation, even if foreseeable or even if the company entities and individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the website).
In no event will the company entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death, or personal injury. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the company entities and individuals’ total liability to you for all damages, losses, or causes of action exceed one US hundred dollars ($100).
The company entities and individuals are not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Your access to and use of this website and or mobile application is at your risk.
If you are dissatisfied with the website mobile application or any of the content, your sole and exclusive remedy is to discontinue accessing and using the website mobile application or the content.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of the company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website or other property owned or controlled by the company and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any company website or other property or your upload information or any and all activities or actions related thereto.
By accessing the website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California civil code section 1542, that otherwise might limit your waiver of such claims.
Intellectual Property Rights