Terms and Conditions
SCOPE OF THESE TERMS
These Terms of Use ("Terms") define acceptable practices relating to the use of services (collectively the "Services") made available by J culture Sydney, to users (“Users”) of its website and online application (collectively the “Application”) available. As used in this Policy, “we” and “our” refers to J Culture Sydney and “you” and “your” refers to Users, and any reference to “Users” is intended to encompass, as applicable, individual golfers and caddies, as well as enterprise Users, including participating golf courses, and any end User golfers and caddies who may access the Application.
CONTRACTUAL RELATIONSHIP
These Terms are designed to protect the security, integrity and reliability of the Application and Services as well as the privacy of Users. By using, or continuing to use, the Application and Services, you agree that you and your end Users are contractually bound to comply with these Terms and our Privacy Policy and you agree to take all reasonable steps to ensure that you and and end Users, as applicable, do not misuse, abuse or fraudulently use the Services or the Application or otherwise violate these Terms.
You are responsible for violations of these Terms by any User that accesses the Services through your account. If you or end Users violate these terms, you may not access the Application or use the Services.
DISCLAIMERS AND LIABILITY LIMITATIONS
Service Quality Disclaimer
The Services are provided on an “as is” basis. J culture Sydney makes no guarantee of, and assumes no liability for, the availability of the Service, which may be subject to interruptions, interference and delays inherent in electronic communications.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE AND CONTENT DISCLAIMER
EXCEPT TO THE EXTENT REQUIRED BY LAW OR GOVERNMENT REQUEST, J CULTURE SYDNEY DOES NOT MONITOR AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE SECURITY OR INTEGRITY OF ANY USER DATA UPLOADED TO OR AVAILABLE VIA THE APPLICATION AND DISCLAIMS LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF ITS SERVICE. J CULTURE SYDNEY DOES NOT OPERATE OR CONTROL ANY CONTENT ON THE PUBLIC INTERNET OTHER THAN ON ITS OWN WEBSITE AND APPLICATION, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH CONTENT THAT MAY BE ACCESSED VIA ITS APPLICATION.
FORCE MAJEURE.
J CULTURE SYDNEY shall not be liable for any failure to perform as a result of causes beyond J Culture Sydney's reasonable control, including but not limited to: Acts of God or natural disasters; casualty by fire, flood or earthquake; governmental action; or the acts or omissions of third parties including strikes, riots, terror attacks, war, and disruption of utility or other essential services.
LIMITATION AND EXCLUSION OF DAMAGES.
J CULTURE SYDNEY’S LIABILITY TO ANY USER HEREUNDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY SUCH USER FOR ANY J CULTURE SYDNEY SERVICES. IN ANY EVENT, J CULTURE SYDNEY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SERVICES OR THE UNAVAILABILITY OF THE SERVICES, EVEN IF J CULTURE SYDNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless J Culture Sydney, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Application, including, but not limited to, your User Content, any use of the Application, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Application.
COMPLAINTS AND INCIDENT REPORTING
Users should notify J Culture Sydney immediately if they become aware of an impending event that may negatively. This includes, but is not limited to, extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
Any complaints or notifications regarding violation of this Policy by a User shall include, where possible, details that would assist J Culture Sydney in investigating and resolving the incident. All such notices should be directed as follows:
By Email:
WAIVER AND SEVERABILITY
No waiver by J Culture Sydney of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of J Culture Sydney to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
ENTIRE AGREEMENT
These Terms and our Privacy Policy constitute the sole and entire agreement between you and J Culture Sydney regarding the Application and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application and/or Services.