Welcome to Brio Golf!
These Terms of Service (this "Agreement") set forth the terms and conditions that apply to your access and use of the website located at app.briogolf.ca (the "Site"), owned and operated by GWF Technologies Inc. ("GWF", "we", "our" or "us"), and the services available thereon, including without limitation the services that enable you to search, book and manage golf tee times (the "Services").
These Terms of Service (this "Agreement") set forth the terms and conditions that apply to your access and use of the website located at app.briogolf.ca (the "Site"), owned and operated by GWF Technologies Inc. ("GWF", "we", "our" or "us"), and the services available thereon, including without limitation the services that enable you to search, book and manage golf tee times (the "Services").
We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new "Last Updated" date. The amendments will take effect 30 days after the date on which we provide notice of the amended version. Prior to that date, the previous version of this Agreement will continue to apply.
If you disagree with any amendments, you may terminate this Agreement by ceasing to use the Site and Services at any time within the 30-day period before the amendments take effect. If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect. In either case, there is no cost or penalty for terminating. If you do not cease using the Site and Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.
Ability to Enter into this Agreement
In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
Your Profile Information and Account
If you sign up for a GWF account ("Account"), you must provide a username, password and valid email ("Login Details") to access and use the Site and Services in accordance with this Agreement. You agree and understand that you are responsible for maintaining the confidentiality of your Login Details. Those Login Details, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your "Profile Information" and allow you to access your Account. You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to GWF that you have not misrepresented any Profile Information. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Services.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your Login Details to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying GWF immediately. It is your responsibility to update or change any Account or Profile Information, as appropriate.
Fees and Renewals
Current pricing options for the Services are available at briogolf.ca/pricing. You may choose to purchase a subscription to the Services for a specified period ("Subscription Account"), or you may choose to purchase credits to obtain future Services at your discretion ("Pay Per Use Account"). Unless otherwise agreed to by GWF, fees will be billed and paid in advance for Services, either as a monthly or annual subscription, or as credits added to your Account. All Fees paid to GWF, including credits purchased for a Pay Per Use Account, are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your Subscription Account remains open but you do not use the Services.
We reserve the right to modify our billing rates at any time upon 30 days written notice by posting such fee changes to the Site or through email notification to you. You will be liable to pay such modified billing rates.
Tee Time Marketplace
GWF provides a feature within the Services that allows users to post listings to buy, sell and trade tee times (the "Tee Time Marketplace"). You understand and acknowledge that all listings on the Tee Time Marketplace are listed and managed by third party users and not by GWF. You are responsible for any listings that you submit, and you, not GWF, have full responsibility for such listings, including their legality, reliability, accuracy, and appropriateness. Any listings submitted to the Tee Time Marketplace, and any responses, are solely the responsibility of the person or entity submitting the listing or replying to the listing, and do not reflect the offerings of GWF. We are not responsible, or liable to any third party, for the content or accuracy of listings posted by you or any other user of the Site or Services. You choose to engage with listings on the Tee Time Marketplace in your sole discretion and at your own risk.
GWF, in its sole discretion, may refuse to post, remove, or require you to remove, any Tee Time Listings, in whole or in part, alleged to be unacceptable, inappropriate, or in violation of this Agreement or applicable laws.
Birdie Points
GWF may allow you to earn certain points ("Points") by using the Services. The Points are not your property and exist at the sole discretion of GWF as part of the Services. The Points cannot be redeemed for cash, currency or monetary value, and cannot be used to pay any credit card or other credit device, or for any purpose other than to redeem them for Rewards (defined below) as may be available through the Services from time to time. The Points may not be transferred by you in any way, unless authorized in writing by GWF.
You may be able to redeem your Points for certain rewards from GWF that may be available through the Services ("Rewards"). Rewards are only available on a temporary basis, are subject to change, and may become unavailable at any time at GWF's discretion.
Points awarded through the Services are made available by GWF. At any time and in GWF's sole discretion, GWF may (a) determine whether or not you are eligible to accrue Points, (b) determine whether or not you have earned Points, or (c) adjust your Points total. By using the Services, you expressly acknowledge and agree that we will be liable for the availability or unavailability of points or any rewards.
Term and Renewal
Subject to your payment of applicable fees for a Subscription Account, we will provide the Services to you for the period of time that you have paid for such Services (the "Subscription Period"). For Pay Per Use Accounts, we will provide the Services to you for the period of time that you have an active Account.
At the end of the Subscription Period, your Subscription Account will automatically renew for an additional Subscription Period until explicitly cancelled by you as described in the "Cancellation and Termination" section below.
If you purchase any fee-based Services, you agree that GWF, or our third party service providers, may store your credit or charge card information. You expressly agree that we are authorized to charge you (i) a fee for any applicable Services for which you have subscribed, billed on a basis of the Subscription Period, (ii) any other fees for Services you may purchase, (iii) any charges for use of the Services in excess of the usage or other limits placed on your use of the Services (and you hereby consent to such charges and agree we are not required to notify you of any such charge in advance) and (iv) any applicable taxes in connection with your use of the Services to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees.
Cancellation and Termination
You may cancel your Account at any time through the interface provided as part of the Services. For Subscription Accounts, any cancellation request must be made at least 30 days prior to the end of the term of your then-current Subscription Period. Unless otherwise agreed to by GWF in writing, this is the only way to cancel your Account and you will not be provided with a refund, in whole or in part, of any pre-paid amount.
GWF is under no obligation to store your Account details and may delete your Account immediately upon cancellation. Upon request from you, we will make available for access to you any of your Account information for 90 days from the effective date of termination of the Services.
GWF reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. GWF reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
Intellectual Property Rights
All material available on the Site and all material and services provided by or through GWF, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel", layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, GWF grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.
If GWF, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party system, then GWF may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. GWF has no liability to you for suspending the Services under this provision.
You agree that any ideas, suggestions, concepts, processes or techniques which you provide to GWF related to the Services, the Site or GWF or its business ("Feedback") are and will be GWF's exclusive property without any compensation or other consideration payable to you by GWF, and you do so of your own free will and volition. GWF may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative GWF may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to GWF in any Feedback and, as applicable, waive any moral rights.
Personal Information
Your submission of personal information to us is governed by our Privacy Policy, located at briogolf.ca/privacy. For the purposes of these Terms and the Privacy Policy, "personal information" is any information about an identifiable individual. GWF will collect, use and disclose your personal information to provide the Site and Services, in accordance with the Privacy Policy and applicable laws. You shall remain responsible for all personal information that is submitted to the Site and Services.
GWF allows you to send referrals through the Services to individuals who may not have a GWF Account. If you make referrals through the Services and share personal information about another individual with us, it is your responsibility to obtain the consent of that individual to enable us to collect such information from you, and to use and disclose their information to provide the Services.
GWF retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services for the purpose of enhancing and providing the Services. "Aggregated Data" means data that does not contain personal information, and which has been manipulated or combined to provide generalized, anonymous information.
Disclaimer of Warranties
YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GWF EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
GWF DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY GWF FROM ITS FACILITIES IN CANADA. GWF MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL GWF OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF GWF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. GWF'S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $100 AND (B) THE TOTAL AMOUNTS YOU PAID TO GWF IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE.
Dispute Resolution
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the applicable Rules of Procedure of the Vancouver International Arbitration Centre (VanIAC). The appointing authority shall be the VanIAC. The case shall be administered by the VanIAC in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.
Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you.
The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
Notwithstanding the foregoing, GWF may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement specifically enforceable by GWF through injunctive relief and other equitable remedies without proof of monetary damages.
If this Section is found to be unenforceable or if it does not apply to you, then the entirety of this Section will be null and void and, in that case, you hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia for resolution of any lawsuit or court proceeding permitted under this Agreement.
Miscellaneous
If there is any dispute between you and GWF about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
You agree that if GWF does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which GWF has the benefit of under any applicable law), this will not be taken to be a formal waiver of GWF's rights and that those rights or remedies will still be available to GWF.
This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned "electronic" agreement or rely on such an unsigned agreement.
Contacting GWF
You may contact GWF by email at [email protected] or by mail at 6060 Silver Drive, Suite 300, Burnaby BC V5H 0H5, Canada.