Terms and conditions

These terms and conditions (and the other documents referred to in here as the Terms) govern your access to and use of our services through Your Account with us, including our website https://mygolfsaver.com/ (our Site), all functionality on our Site, applications, buttons, browser plugins, application programming interfaces, and accessing functionality on third parties websites (we refer to these as My Golf Saver); the rules that apply to My Golf Saver or other information, text, graphics, photos or other materials or content you upload to or otherwise make available on our website (we refer to this as Your Content); and how you are entitled to use in any other rights and content, including (i) the proprietary rights in our services themselves; and (ii) any content appearing on our website https://mygolfsaver.com including (without limitation) content owned and/or created by us, as well as content uploaded to our website or otherwise licensed to us by a third party (we refer to this as Our Content).

Please read these Terms and Conditions carefully before you start to use our website or create an account with us (which we refer to in these Terms as Your Account). By using our services or creating Your Account, you confirm that you accept these Terms and that you will comply with them. If you do not agree to these Terms you are not entitled to use our website or to create Your Account and must refrain from doing so. You may use the website as a guest without creating an account (in each case subject to these Terms), but if you do so you may not be able to access and use certain functionality within the website.

Interpretation

Consumer means a person or a group who intends to order, orders, or uses purchased goods, products, or services from https://mygolfsaver.com/

Contract means the legally binding agreement between you and us for the “My Golf Saver membership” subscription services.

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.

Goods mean either a one-off annual fee of £49 or a recurring monthly fee of £4.99 for 12 months subscription to My Golf Saver, advertised on the website that we supply to you.

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

Website means our website https://mygolfsaver.com/ on which the Goods are advertised

1. General Terms and Conditions for using the platform

1.1 Membership

The membership term to purchase your My Golf Saver subscription on our platform is through either a one-off annual fee of £49 or a recurring monthly fee of £4.99 for 12 months subscription payments. A valid payment method is required to process the payment for your subscription. You shall provide us with accurate and complete billing information that may include but is not limited to full name, address, postal code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise us to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, we reserve the right to terminate your access to the Service with immediate effect.

The membership term commences once both parties have agreed to this Agreement. All fees are quoted in GBP Pound Sterling. Other non-recurring fees are billed as services are rendered. All My Golf Saver memberships will automatically renew on the date when the subscription ends. For all annual subscriptions, My Golf Saver will email 3 days prior to the renewal date outlining that payment will be taken for the following year’s subscription. For all monthly subscriptions, these will automatically renew on the date the membership was started and it will be down to the members to either update or change their subscription. Please note that only after confirming that you want to cancel your membership, will your membership finish and access to My Golf Saver will end too. Failing to confirm that you want to cancel your membership will result in continued membership and payment will continue to be taken as per your subscription status.

1.2 Registration

You must be at least 18 years of age to use the Website and Services. By using our website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re- register for our Services. We may block your email address and Internet protocol address to prevent further registration.

You may deactivate Your Account at any time by following the process detailed within Your Account settings on our website.

1.3 Our role

My Golf Saver is a membership subscription service that provides golfers of all levels with discounts, deals and promotions on all golf-related products or services. We do not physically sell anything apart from membership and membership ID cards and all transactions take place through the merchants’ website (Us or We). For the avoidance of doubt, by accepting Our terms and conditions, Members will also be accepting the Participating merchants/ stores’ terms and conditions.

We are not a party to transactions and shall not bear any express or implied liabilities related to the items sold by the Participating merchants’ to our Members. We do not possess, check or act as caretakers of any items that are sold by participating stores’ at any time.

1.4 Fee Changes

My Golf Saver, at its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

1.5 Conduct and behaviour

You may only use the website and its services for its primary purpose.

In your interactions, you must at all times remain courteous and polite and not use any nicknames, comments, product descriptions or messages that are obscene, discriminatory, offensive or discourteous.

You are responsible for all data transferred from your systems to our website and services and shall bear all liabilities in any way connected to such data and content.

You must not:

Use Our or any of its services for any unlawful activity;
Do anything that causes damage or disruption to the website or its services;
Send malicious information to any party using our services (including viruses, Trojans, adwares, worms, spam);
Use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent;
Transfer your account to another party without our prior consent;
Provide us with false, inaccurate or misleading information;

Attempt to manipulate transactions or tamper with the website in any way.

1.6 Use of data

In the course of our operation, we collect data from Members. You accept that your personal data may be shared between Participating merchants/stores’ for the sole purpose of facilitating the sale, purchase and fulfilment of orders on the website or at their premises as per our Privacy Policy.

Members and Participating merchants agree to fully comply with the General Data Protection Regulation and use Members’ information solely for the purpose of completing transactions and not store Members’’ data subsequently or pass it on to third parties.

Please review our Privacy Policy in full for details on how your personal data is used.

1.7 Disclaimer of warranties

We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.

THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED BY SELLERS, FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF PURCHASE, COMPLIANT WITH APPLICABLE REGULATIONS, FREE FROM INTELLECTUAL PROPERTY INFRINGEMENT, OR THAT SELLERS AND MEMBERS WILL PERFORM AS THEY HAVE AGREED.

Members who subscribe to My Golf Saver digital membership card through Our website shall be bound by our terms and conditions in addition to participating merchant’s own.

Where a dispute arises between, or out of, Members and Members activity on the website, each party expressly agrees to waive any subsidiary or recourse claims against us and further agrees to hold us harmless from any claims that may be in any way connected with such dispute.

1.8 Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE EXCLUDE LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.

This Agreement shall not exclude liability for death or personal injury resulting from our negligence, or any liability that cannot be limited or excluded by law.

Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

1.9 Force Majeure

Neither we nor the participating merchants will be obliged to fulfil the responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to earthquakes, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather or acts of God. Duties and obligations will be postponed for the period of the Force Majeure.

1.10 Communication

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

2. Members terms and conditions

2.1 Introduction

In order to ensure that the platform promises to Members are maintained, we have created terms applicable for My Golf Saver Members to guide the purchase of My Golf Saver subscription / digital membership card from our platform. By registering and purchasing a My Golf Saver’s subscription membership on the platform, you agree that you will comply with the terms and conditions of our website.

2.2 Third-party links

From time to time, as part of your use of Our platform, you may be able to purchase goods, services or content (or similar) from a third party as a result of clicking a link to a site operated by a third party through our website. Any contract you enter into for the purchase of goods, services or content (or similar) from a third party shall be governed

by the terms and conditions of the relevant third-party supplier. We have no liability to you in respect of any third-party goods, services or content (or similar) purchased by you from a third party as a result of your use of Our website.

As our platform may contain links to sites operated by third parties, we have not reviewed and do not review such sites and are not responsible for the content of nor accept any liability howsoever arising in respect of such sites.

The presence of links to third-party sites is not intended to and shall not constitute a recommendation by us of such sites nor of any goods, services, content, advice or information posted on them.

2.3 Linking to the Our Website

You may link to the home page of our Site or to our applications on the appropriate application site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

We must not be framed on any other site, nor may you create a link to any part of the website other than the home page of our Site or to our applications as described above.

We reserve the right to withdraw linking permission without notice. Any linking must comply in all respects with our terms and conditions. If you wish to make any use of material on the website other than that set out above, please address your request to paul@dev.digital-footprints.co.uk.

2.4 My Golf Saver – Referral scheme

My Golf Saver welcomes and encourages all members to refer a friend or friends to join. To celebrate this, My Golf Saver has created a 3-tier referral programme that is open to all members.

Once registered and the account verified, the new member who was referred will receive an email from My Golf Saver with instructions on how to receive the mystery golf gift for being referred by a Monthly member referring an annual member and if referred by a Monthly member referring another monthly member, then once registered and the account verified, the new member who was referred will also need to complete 3 months of a monthly membership to be viable to claim their mystery golf gift. Again, My Golf Saver will email with instructions on how to receive the mystery golf gift once 3 months have been completed.

The referrer will need to complete 3 months of a monthly membership to be viable to claim their mystery golf gift. My Golf Saver will email with instructions on how to receive the mystery golf gift once 3 months have been completed. If the referrer has already completed 3 months of membership, My Golf Saver will email once the newly-referred

member has registered and verified their account with instructions on how to receive their mystery golf gift.

2.4.1. The 3-tier referral programme

1st referral – The referrer and the new member both receive a mystery golf gift. Based on the conditions outlined above.

10th referral – The referrer will receive an “on the course” gift pack. The new member will receive the first-time referral mystery golf gift. All referrals prior to the referrer reaching ten referrals will see all the new members referred, receive the first-time referral mystery golf gift, but the referrer will not receive any gifts after the first referral. Based on the conditions outlined above.

25th referral – The referrer will receive a “My Golf Saver Pro member” gift pack. The new member will receive the first-time referral mystery golf gift. All referrals prior to the referrer reaching twenty-five referrals will see the new members who were referred receive the first-time referral mystery gift, but the referrer will not receive any gift until they reach ten referrals and then twenty-five referrals. Based on the conditions outlined above.

Once a referrer has reached twenty-five referrals, the referrer will see all the new members who were referred receive the first-time referral mystery golf gift, but the referrer will not receive any gifts, unless if My Golf Saver contacts them.

2.5 My Golf Saver Membership

2.5.1 How do I use “My Golf Saver”?

Once you have logged into your account you will arrive at the Homepage for members. The home page will display all the current benefits, deals, discounts and promotions on offer to all My Golf Saver members. By clicking on a product or service, it will show the description and instructions for claiming this benefit. All URL links will navigate away from the members’ area and open additional windows but will not close the My Golf Saver members’ area, which you can revert back to.

2.5.2 How can I update my “My Golf Saver” profile?

You can update your profile by clicking on the “My Profile” tab. This will open the registration form, which was completed, and you’ll be able to update all the fields with new information. To confirm these changes, simply click on the Save button at the bottom of the page and these changes will be made.

2.5.3 Can I upgrade from monthly membership to annual membership?

Yes, My Golf Saver members can upgrade from a monthly membership to an annual membership. Members can do this via my membership tab and the £49 payment for

an annual membership will be taken. Your details will update and move from monthly membership to annual membership. Renewals will also change and will show the new renewal date for 12 months’ time.

2.5.4 Can I move from annual membership to monthly membership?

Yes, but only when you are in the final month of your annual membership. My Golf Saver will email regarding the membership renewal and only at this time will you be able to switch from annual membership to monthly membership.

2.5.5 How can I access my “My Golf Saver” membership card?

You can access your digital membership card through the memberships tab. My Golf Saver advises that all members download this and save it to their mobile device, as there are certain in-person benefits are golf clubs that will require the membership card to be shown. If you would like to receive a physical membership card, this can be requested through the membership card tab and for £5. Please note, that all new or replacement cards cost £5 and payment will be needed prior to the card being sent.

2.5.6 What if the code or discount doesn’t work?

All member benefits will be accessible via the merchant’s website. All the information provided under the product description can be used on the basket page. If any My Golf Saver members encounter any issues when using the information provided, please contact the merchant and state that you are using the exclusive My Golf Saver benefit code, discount or deal, and they will be able to assist further.

2.5.7 How many times can I use a “My Golf Saver” benefit?

Most of the My Golf Saver benefits have an expiry date. To take advantage of these exclusive deals, you’ll need to purchase the product or service during the allotted time for the discount, promotional code or deal to take effect. The benefits listed do not have a limitation to the number of times they can be used, but all benefits will have a time limit to their availability.

2.5.8 Can I purchase “My Golf Saver” merchandise?

My Golf Saver merchandise will be coming soon. We remind members to keep an eye out for our newsletter, which will update members on benefits coming to My Golf Saver members and membership.

2.5.9 Should I log out of my account when I am not using it?

My Golf Saver advises all members to log out of their accounts when not in use. If you would like to learn more about My Golf Saver and how we store and use data, please refer to our terms and conditions.

2.6 Limitation of liability

In no event shall we be held liable for Members purchases on a third-party website. You should not rely solely on the information presented on the website. We recommend that you contact Participating stores directly in case you have a specific concern or question regarding a product.

2.7 Termination

We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

2.8 No partnership or agency

Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.

3. Disputes

Whilst we are not a party to transactions, we may try to help Members resolve disputes.

Where Members are unable to resolve a dispute resulting from a transaction that occurred on the participating merchants’ platform, they may resort to us by contacting us at paul@dev.digital-footprints.co.uk or via the contact form on our website.

For the avoidance of doubt, we have no obligation to resolve disputes and will consider doing so at our sole discretion and based solely on our policies.

You release us (and our directors, officers, employees and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between Members, participating stores and external parties.

4. Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Last updated: 07 March 2023