Terms of Use

Please read these terms of use carefully before using GolfADay Ltd., as they affect your legal rights and obligations.

User Agreement and Acceptance of Terms

Each time you access or use or services, you agree to these Terms of Use by accessing or using the website, registering for services offered on the website or mobile application. If you do not agree to all of these terms, do not use the website or Mobile Application. These Terms of Use constitute a legal agreement between you and GolfADay Ltd. and shall apply to your use of the website, mobile applications and the services even after termination.

Eligibility

You must be eighteen (18) years of age to open an account, participate or win any prizes offered by GolfADay Ltd. You may only establish one account per person to participate in services offered by GolfADay Ltd. If it is discovered that you have opened more than one account per person, in addition to any other rights, GolfADay Ltd. reserves the right to suspend or terminate any or all accounts, withhold or revoke any prizes. You alone are responsible for maintaining the confidentiality of your user account which includes usernames and passwords. You accept all responsibility for activities, charges, and damages that occur to your account. It shall be a violation of the Terms of Use to allow any other person to use your account to participate in any contest. If you believe that someone is illegally using your account, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of illegal use. If we request registration information from you, you must provide us with accurate and complete information and must update as your information changes. "Authorized Account Holder" is defined as the person 18 years of age or older who is assigned to an e-mail address that is associated to a GolfADay Ltd. account. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the mobile applications. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder. If any deposit is charged back any winnings generated from GolfADay Ltd. contests shall be invalidated, forfeited, and deducted from your account balance. In addition, the amount of the initial deposit will be invalidated, forfeited, and deducted from the account balance. GolfADay Ltd. reserves the right to close your account without notice should a deposit be charged back.

Event Entry

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

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

By entering in an event, entrants agree to be bound by these rules and the decisions of GolfADay Ltd. These rules and decisions shall be final and binding in all respects. The company, at its sole discretion, may disqualify any entrant from an event, refuse to award benefits or prizes and require the return of any prizes if the entrant engages in conduct the company deems to be improper, unfair, or otherwise adverse to the operation of the event or is in any way detrimental to the other entrants. In addition, conduct that would be deemed improper also includes, but is not limited to: Intentionally breaking gameplay rules. Falsifying personal information required to enter an event or claim a prize (person playing in event isn’t the person on authorized account, falsifying handicap). Engaging in any type of financial fraud including unauthorized use of credit instruments to enter an event or claim a prize. Colluding with any other individual(s) or engaging in any type of syndicate play. Any violation of event rules or the Terms of Use. Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with an event. Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent GolfADay Ltd. from pursuing criminal or civil proceedings in connection with such conduct. GolfADay Ltd. is not responsible OR liable for any personal injury or property damage occurring to or caused by any entrant in an event organized by GolfADay Ltd. By participating in an event, the authorized user also agrees to terms and conditions of the golf course where the event is being held. The authorized user has a separate agreement for their tee time with the golf course the event is being held.

Prizes

Events offered on the website and mobile applications are contests of skill. Winners are determined by the objective criteria described in the event rules and scoring. Winners are determined by the use of skills and knowledge of the game of golf to achieve the best score. The mobile application and event may not be used for any form of illicit gambling. Prizes will be awarded based on how entrants place in an event. Prize pools displayed on Mobile Application are based on a full field of players. Actual prize pools will be calculated based on number or entries. Prizes will be awarded no later than 12:00PM (noon) Eastern Standard Time the following day of the event. Prizes will only be awarded if an event is completed. We reserve the right to cancel events at any time due to incremental weather. In the event of a cancellation, all entry fees will be refunded to the users except as specifically provided in these Terms of Use. Each event is governed by its own set of official rules. We encourage you to read such event rules before participating. All prizes will be cash prizes or entry into other events. Each event will have its prize pools and entry fee specifically laid out. Live scoring is unofficial. After all scorecards are verified at end of the round, the leaderboard will be verified and deemed official before prizes are distributed.

Deposit

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

Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdraw" option on the Mobile Application. Entrants may be requested to complete an affidavit of eligibility and/or appropriate tax forms and forms of identification including, but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as requested by GolfADay to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any entrant did not comply with these Terms of Use in any manner.

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.

Termination

In addition to any other legal rights, GolfADay Ltd. may, without notice, immediately revoke any or all your rights granted hereunder. In such event, you will immediately cease all access to and use of the GolfADay Ltd. website and mobile applications. GolfADay Ltd. may revoke any password(s) and/or account identification issued to you and deny you access to and use of the website and or mobile application. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which, by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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 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:

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

All content on website and mobile applications (the intellectual property) are owned by or licensed by GolfADay Ltd. content is provided as is and my not be reproduced distributed, transmitted, displayed, sold, or exploited for any other purpose whatsoever with our prior written consent from GolfADay Ltd. GolfADay Ltd. reserves the right to enforce its terms of use if GolfADay Ltd., in its sole discretion, determines that the services provided by a content provider's platform (including but not limited to websites, mobile applications, or social media accounts) is detrimental to the company brand including, without limitation, in any manner that is disparaging or that otherwise portrays GolfADay Ltd. in a negative light, or has a negative impact on the integrity of any GolfADay Ltd. product or business operations.