Peace Portal Golf Course Terms of Service

Effective Date: July 21, 2010

ACCEPTANCE OF TERMS

Peace Portal Golf Course (the "Course") and ZoomTee Golf ("ZoomTee") welcome you. The Course has contracted with ZoomTee to operate this website. Your use of this site is expressly conditioned on your acceptance of the following Terms of Service (the "TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://peaceportal.zoomtee.com/w3c/TermsOfService.aspx. By using this site, you signify your agreement to the TOS. If you do not agree with any part of the following terms and conditions, you must not use this site.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of this site, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ZoomTee registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZoomTee or the Course has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZoomTee and the Course have the right to suspend or terminate your account and refuse any and all current or future use of the ZoomTee site (or any portion thereof).

USE OF SITE

ZoomTee grants you a limited, non-transferable license to use this site in accordance with these Terms of Service. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ZoomTee, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of ZoomTee. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any ZoomTee webpage. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that ZoomTee deems in its sole discretion to be unreasonable or disproportionate to the benefits ZoomTee obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. Notwithstanding the foregoing, if you have been notified by ZoomTee that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. ZoomTee may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site. ZoomTee reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you. If you have a ZoomTee account, you agree to safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.

PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Privacy Policy at http://peaceportal.zoomtee.com/w3c/privacy.aspx. You understand that through your use of the ZoomTee site you consent to the collection and use (as set forth in the privacy policy) of this information.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing ZoomTee's 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. You agree to (a) immediately notify ZoomTee of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. ZoomTee cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You acknowledge, consent and agree that the Course and ZoomTee may access, preserve and disclose your account information and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of the Course and ZoomTee, their users and the public.

INDEMNITY

You agree to indemnify and hold ZoomTee and the Course and their subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or connection to the ZoomTee site, your violation of the TOS, or your violation of any rights of another.

MODIFICATIONS TO ZoomTee SERVICES

ZoomTee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the operation of the ZoomTee site (or any part thereof) with or without notice. You agree that ZoomTee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the operation of the ZoomTee site (or any part thereof).

TERMINATION

You may terminate your ZoomTee account by submitting such termination request to ZoomTee.

You agree that ZoomTee may, without prior notice, immediately terminate, limit your access to or suspend your ZoomTee account. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the ZoomTee site (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the ZoomTee site. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ZoomTee's sole discretion and that ZoomTee shall not be liable to you or any third party for any termination of your account.

LINKS

ZoomTee may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ZoomTee 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 ZoomTee 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.

 

DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE ZoomTee SITE IS AT YOUR SOLE RISK. THE ZoomTee SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZoomTee AND THE Course AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZoomTee AND THE Course AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZoomTee OR THE Course HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ZoomTee SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE ZoomTee SITE.

THE Course AND OTHER SUPPLIERS PROVIDING SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ZoomTee. ZoomTee IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ZoomTee SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN ADDITION, ZoomTee EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, CURRENCY CONVERSION MISCALCULATIONS AND TAX MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

If, notwithstanding the foregoing, ZoomTee, the Course or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the ZoomTee site or its content, the liability of ZoomTee, the Course and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) C$100.00. In its sole discretion, in addition to any other rights or remedies available to ZoomTee and without any liability whatsoever,

 

NOTICE

ZoomTee and the Course may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the ZoomTee site, or other reasonable means now known or hereafter developed. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the ZoomTee site in an authorized manner.

TRADEMARK INFORMATION

You agree that all of ZoomTee's trademarks, trade names, service marks and other ZoomTee logos and brand features, and product and service names are trademarks and the property of ZoomTee (the "ZoomTee Marks"). Without ZoomTee's prior permission, you agree not to display or use in any manner the ZoomTee Marks.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and ZoomTee and governs your use of the ZoomTee site, superseding any prior version of this TOS between you and ZoomTee with respect to the ZoomTee site.

Choice of Law and Forum. You and ZoomTee each agree that the TOS and the relationship between the parties shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and ZoomTee, shall be brought exclusively in the courts located in the province of British Columbia. You and ZoomTee agree to submit to the personal jurisdiction of the courts located within the province of British Columbia and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of ZoomTee 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 endeavor 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.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ZoomTee site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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