Terms and Conditions

Last updated: Pending

Introduction

By accessing or using GolfKonnekt's website at https://golfkonnekt.com/ (“Website”), you acknowledge that you have read, understood, and agree to be bound by and accept the following terms and conditions (“Terms”) and GolfKonnekt's Privacy Policy, which is incorporated herein by reference. By accessing or using the Website, you further represent and warrant that you are legally competent and of the minimum age required under applicable law to enter into a binding agreement. If you do not agree to these Terms, or do not have the requisite authority or legal capacity, you must not access or use the Website.

As used in these Terms “GolfKonnekt,” “we,” or “us” means GolfKonnekt Private Limited, a company incorporated under the laws of India having its registered office at 5th Floor, 14, 37th A Cross, 1st Main Rd, 8th Block, Jayanagar, Bengaluru, Karnataka 560070, India.

Modifications

We may amend these Terms from time to time at our sole discretion, which will become effective upon posting the updated Terms on the Website. We may notify you of material changes by email or through the Website. You are responsible for reviewing these Terms periodically. Your continued access to or use of the Website after the updated Terms become effective constitutes your acceptance of the revised Terms.

Products or services

Any products or services offered by GolfKonnekt shall be governed by the applicable service agreement, subscription agreement, order form, statement of work, or other written agreement entered into between you and GolfKonnekt (each, a “Service Agreement”), together with any service-specific terms expressly incorporated therein. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail to the extent of such conflict.

Use of Website

You may use the Website only for lawful purposes and in accordance with these Terms. From time to time, we may restrict access to some parts of the Website, or the entire Website, and we bear no liability in relation to this. You agree not to use the Website:

  • In any way that violates any applicable central, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm GolfKonnekt or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Use the Website or the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another; or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

We reserve the right to suspend/terminate your access to the Website if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, applications, code, algorithms, text, displays, images, video, audio, the design, selection, and arrangement thereof) are owned by GolfKonnekt, its licensors, or other providers of such material.

You must not:

  • Modify copies of any materials from this Website and/or website operated by GolfKonnekt.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code from the Services.
  • Use the Services for any unlawful or unauthorized purpose.
  • Create derivative works based on the Services.

If you print, copy, modify, download, or otherwise use the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by GolfKonnekt. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Feedback

You hereby grant to GolfKonnekt a perpetual, non-exclusive, worldwide, sublicensable, and royalty-free license to modify, distribute, and otherwise use any suggestions, ideas, enhancement requests, feedback, recommendations, or other information or ideas provided by you or any third party on behalf of you relating to the Website or any of GolfKonnekt's current and future products and services.

Monitoring and Enforcement

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or material breach of these Terms or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless GolfKonnekt and its affiliates, licensees, and service providers (if any) from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

Reliance on Information Posted

The information that is presented on or through the Website is on an ‘as is’ basis and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Information About You and Your Visits to the Website

All information you provide to register with this Website and/or we collect from you on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

Except as outlined in these Terms, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that access and usage of the Website will be uninterrupted, error-free or free of harmful components, and (iv) that any data of the Client will be secure or not otherwise lost or altered.

Limitation of Liability

To the fullest extent permitted by law, in no event will GolfKonnekt or you, respective affiliates, licensors, service providers, employees, agents, officers, or directors of either party be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, any Services — any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data — and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

In no event shall GolfKonnekt's aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), statute, or otherwise, exceed [Pending — amount not yet finalized].

Indemnification

Subject to the limitation of liability provision above, you agree to indemnify and hold harmless GolfKonnekt, its officers, directors, employees, suppliers, licensors, service providers, contractors, agents, successors, assigns, and affiliates, from and against any losses, liabilities, damages, awards, judgments, fines and expenses (including attorney's fees and costs) arising out of or relating to your use of Services in violation of another party's rights, violation of any law, violation of any provisions of the Terms, or any other claim related to your use of the Services or Website, including but not limited to your use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Dispute Resolution and Governing Law

All disputes arising out of or in relation to these Terms shall be determined by a sole arbitrator mutually appointed by both parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall take place in English. The seat and venue of the arbitration shall be Bengaluru, India. Each party shall bear its own expenses and costs concerning the arbitral proceedings unless otherwise stated in the award. You accept that any claims arising against GolfKonnekt shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India, and the laws of India shall apply therein.

Force Majeure

Neither party will be liable for damages or have the right to terminate these Terms for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control, including acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), acts of terrorism, wars, or insurrections.

Suspension

GolfKonnekt may at any time, without the need to give a reason, notice or compensation, suspend or terminate your access to the Website if you breach these Terms, if required by law, or for any other reason in our sole discretion. Upon termination, your rights to access or use the Website shall immediately cease. Termination does not limit GolfKonnekt's right to pursue any other remedies available under law or equity.

Contact us

GolfKonnekt has appointed a data protection officer/grievance officer to address and resolve user complaints regarding the use of the Website. Any grievances, concerns, or complaints may be submitted in writing or via email at the following contact details:

GolfKonnekt Private Limited

Email: letskonnekt@golfkonnekt.com

Address: 5th Floor, 14, 37th A Cross, 1st Main Rd, 8th Block, Jayanagar, Bengaluru, Karnataka 560070, India