The Herald Club Golf

TERMS OF SERVICE

Club Golf is an online service of The Herald. The newspaper and its publishers, Newsquest (Herald & Times) Ltd, will do their utmost to ensure the information and services provided are accurate to the best of their knowledge. Information published by Club Golf is provided directly by officials of independent golf clubs and The Herald cannot be held responsible for any inaccurate information listed.

If you identify any errors on this website please email the information to clubgolf@theherald.co.uk and we will endeavour to make necessary amendments and corrections.

Our Privacy Policy is set out separately here

  1. ACCEPTANCE OF TERMS
    The Herald Club Golf provides its services to you, subject to the following Terms of Service (“TOS”), which may be updated by The Herald without prior notice to you. In addition, Club Golf may introduce additional services from time to time that are governed by different terms of service that are posted with respect to those services.

  2. DEFINITIONS

    In this agreement;
    2.1 "Club Golf" means the results service provided by The Herald
    2.2 "we, us, our" means Club Golf, The Herald and Newsquest (Herald & Times) Ltd
    2.3 "you, your" means users and registrants of the Club Golf service
    2.4 "registrants" means officials of golf clubs who provide us with results information
    2.5 "public users" means users of the Club Golf service other than registrants
    2.5 "website" means the Club Golf website provided by The Herald to allow registratrants to deliver club information and results

  3. DESCRIPTION OF SERVICES
    Club Golf provides Scottish golf clubs with online services for recording and displaying competition results. Such results are displayed within the Club Golf website and, from time to time, within certain published editions of The Herald newspaper.

    To be able to use the services of Club Golf, you must obtain access to the Internet, either directly or through devices that access web-based information, and pay any service and/or telephone fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

  4. YOUR REGISTRATION OBLIGATION
    In consideration of your use of the Service, you agree to:
    1. provide true, accurate, current and complete information about you and your golf club as prompted by the Registration process (such information being the Registration Data); and
    2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is not true, accurate, current and complete, or Club Golf has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Club Golf has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

    Registrants further agree, to the best of their knowledge and endeavours, to ensure that competition results provided by them to the Service, are true and accurate.

  5. REGISTRATION ACCOUNT
    You will receive a password and login details upon completing the Registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account reference. You agree to:
    1. immediately notify Club Golf of any unauthorised use of your password or account reference and any breach of security; and
    2. ensure that you exit from your account at the end of each session. Club Golf cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.


  6. CUSTOMERS' CONDUCT
    In using The Herald Club Golf registration service to deliver club golf results, you are liable for all information, in whatever form, which you supply to us. You agree not to use the services to:
    1. upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the services;
    5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
    6. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    7. interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
    8. stalk or otherwise harass another.

    You acknowledge that Club Golf does not pre-screen any information provided by you to us, but that Club Golf and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the services.

    You acknowledge and agree that Club Golf may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
    1. comply with legal process;
    2. enforce the TOS;
    3. respond to claims that any information violates the rights of third-parties; or
    4. protect the rights, property, or integrity of Club Golf, its users and/or the public.

    You understand that the technical processing and transmission of the services, including your information, may involve:
    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.


  7. INDEMNITY
    You agree to indemnify and hold Club Golf, The Herald and its publishers, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or
    arising out of information you submit, post, transmit or make available through the services, your use of the services, your connection to the services, your violation of the TOS, or your violation of any rights of another.

  8. INFORMATION POSTED TO CLUB GOLF
    1. For purposes of the TOS, "publicly accessible areas" of the service are those accessible by the general public;
    2. With respect to Information you elect to deliver to the Club Golf service, you grant The Herald and its publishers a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.


  9. NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services, other than as provided within the scope of the services.

  10. MODIFICATION TO SERVICE
    Club Golf reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Club Golf shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.

  11. TERMINATION
    You agree that Club Golf, at its sole discretion, may terminate your use of the services, and remove and discard any information within the system, for any reason, including, without limitation, for lack of use, failure to provide results information, or if Club Golf believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Club Golf may also at its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice.

  12. You agree that any termination of your access to the services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Club Golf may immediately deactivate or delete your Registration and all related information and files and/or bar any further access to such files or the services. Further, you agree that Club Golf shall not be liable to you or any third-party for any termination of your access to the services.

  13. DEALING WITH ADVERTISERS AND COMMERCIAL ORGANISATIONS
    Your correspondence or business dealings with, or participation in promotions of, advertisers and commercial organisations found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or commercial organisation. To the fullest extent permitted by applicable law, you agree that; (a) Club Golf shall not be responsible or liable i'll for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and commercial organisations on the service, and (b) any orders placed by you on, and any product specifications, product availability and services appearing on, the service are subject to confirmation by, and the terms and conditions of business of, the relevant commercial organisation.

  14. LINKS
    The service may provide, or third parties may provide, links to other Internet sites or resources. Because Club Golf has no control over such sites and resources, you acknowledge and agree that Club Golf is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products , or other materials on or available from such sites or resources. You further acknowledge and agree that Club Golf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  15. CLUB GOLF’S PROPRIETARY RIGHTS
    You agree that the Club Golf service and any necessary software used in connection with it contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Club Golf or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or crate derivative works based on the service or the software, in whole or in part.

    Club Golf grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the software. The foregoing is subject to applicable statute and other express law. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the service. You agree not to access the service by any means other than through the interface that is provided by Club Golf for use in accessing the service.

  16. DISCLAIMER

    You understand and agree that;
    1. Your use of the services is at your sole risk. The services are provided on an ‘as is’ and ‘as available’ basis. Club Golf expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement:
    2. Club Golf makes no warranty that:

      1. the services will meet your requirements;
      2. the services will be uninterrupted, timely, secure, or error-free;
      3. the results that may be obtained from the use of the services will be accurate or reliable;
      4. the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and
      5. any errors in the software will be corrected;

    3. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
    4. No advice or information, whether oral or written, obtained by you from Club Golf or through or from the services shall create any warranty not expressly stated in the TOS.


  17. LIMITATIONS OF LIABILITY
    You expressly understand and agree that Club Golf shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, personal time, goodwill, use, data or other intangible losses (even if Club Golf has been advised of the possibility of such damages), resulting from;

    1. the use or the inability to use the services;
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the service; or
    5. any other matter relating to the services.


  18. NOTICE
    Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Club Golf website.

  19. GENERAL INFORMATION
    These TOS constitute the entire agreement between you and Club Golf and govern your use of the service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Club Golf shall be governed by the laws of Scotland and in conjunction with international law. You and Club Golf agree to submit to the exclusive jurisdiction of the Scottish courts. Any failure by Club Golf to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.