Terms of Use
These Golfbreaks Terms of Use (these “Terms”) apply to your use of the Golfbreaks website located at https://www.golfbreaks.com/en-us/ (the “Site”) and the golf and vacation reservation services made available by Golfbreaks through the Site (collectively, the “Golfbreaks Applications”). The Site is operated by Golfbreaks Incorporated with its registered office address at 474 Wando Park Blvd (Suite 204), Mt Pleasant, South Carolina 29464 (“Golfbreaks”, “we” or “us”). Golfbreaks allows users to make reservations at golf courses and hotels around the world through the Site and the Golfbreaks Applications (the Site, the Golfbreaks Applications and any products and services provided by Golfbreaks, collectively referred to as the "Service").
1. Acceptance of the terms
Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time (collectively, the “Terms”), as these Terms create a binding legal contract between you and Golfbreaks. By accessing the Site or availing yourself of The Service in any manner, you (“You” or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms you must immediately terminate your use of the Service.
The Site is offered and made available only to users eighteen (18) years of age or older. If you are not yet 18 years old, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions of these Terms, please discontinue using the Site immediately. By continuing to use or attempting to use the Site, you certify that you are at least eighteen (18) years of age.
The information and features included in this Site have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs or requirements.
2. Accuracy
Golfbreaks attempts to provide accurate descriptions of the products and services on the Site. Golfbreaks does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. We will therefore confirm the details of your chosen vacation (including the price) at the time of booking.
3. Use of the Site
The Site is currently made available to you for your personal, non-commercial use. When you access the website in any way, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement and that you will only use the website in accordance with all the terms of use herein. You agree to be financially responsible for all of your use of the service (as well as for use of your account by others). You agree that you are responsible for any bookings made through the website by persons under your direction or control. You also warrant that all information supplied by you either individually or as an authorized agent is true and accurate. You agree to only make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. We have the right at all times to deny your use or access to the website for any reason.
4. Account Information & Responsibilities Of Registered Users
- Account Information. In order to register for the Service and receive information about your use of the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Golfbreaks upon registration and, at all other times, will be true, accurate, current, and complete, and that you will ensure that such information is kept accurate and up-to-date at all times
- Access, Preservation and Disclosure of Information. You acknowledge, consent and agree that Golfbreaks may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary or in the interest of Golfbreaks or a third party to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; (e) to process your transaction; or (f) investigate or protect the rights, business interests, property or personal safety of Golfbreaks, its Users and the public. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.
- We reserve the right to accept or refuse an account or to restrict use of the Site in our discretion. You may not transfer or assign your account or any Site benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Site at any one time.
- You may cancel your account by visiting your account details page and adjusting your account settings, or by contacting our Customer Service team. If you cancel your account, you will not receive a refund of any bookings currently made using the Site.
5. Password
As a registered User, You will have login information, including a username and password. Your account is personal to You, and You may not share Your account information with, or allow access to Your account by, any third party. As You will be responsible for all activity that occurs under Your access credentials, You should preserve the confidentiality of Your username and password. If You have any reason to believe that Your account information has been compromised or that Your account has been accessed by a third party, You agree to immediately notify Golfbreaks by e-mail to [email protected]. You are solely responsible for Your own losses or losses incurred by Golfbreaks and others (including other users) due to any unauthorized use of Your account that occur prior to notifying Golfbreaks that Your account was compromised.
6. Ownership; Proprietary Rights
The Site and the Golfbreaks Applications are owned and operated by Golfbreaks. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Golfbreaks ("Golfbreaks Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Golfbreaks Content contained on the Site is the copyrighted property of Golfbreaks or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks, and trade names are proprietary to Golfbreaks or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Golfbreaks Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Golfbreaks or any third party.
7. User Content and our Intellectual Property Policy
The Service may currently or in the future may allow you and other users to submit, post, and share content such as reviews, restaurant lists, messages, commentary or any other content (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Golfbreaks reserves the right (but has no obligation) to monitor, remove, or edit User Content in Golfbreaks’s sole discretion, including if User Content violates these Terms (including any Golfbreaks Policies), but you acknowledge that Golfbreaks may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Golfbreaks a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Golfbreaks takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
8. Prohibited Use Of The Service
The Service offered by Golfbreaks is strictly for Your personal use. You also agree not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, whether through the Service, your User Content, or otherwise, do or attempt to:
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, Golfbreaks Content, User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
- Reproduce, duplicate, copy, sell, trade, resell, distribute, deep link, or exploit, any part of the Service, use of the Service, access to the Site, or content obtained through the Service (including without limitation Golfbreaks Content, User Content, and Third Party Content (as defined below)), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
- Use any robot, spider, scraper, or other automated means of any kind to access or scrape the Service, except as expressly authorized by Golfbreaks;
- Frame or otherwise enclose any Golfbreaks trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
- Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information in any reviews or to any feedback or rating system employed through the Service;
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
- Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content, whether by posting such material to the Site or otherwise; or
- Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, or the rights of any third party.
If your Site use shows signs of fraud, abuse, or suspicious activity, Golfbreaks, in our sole and absolute discretion, may revoke your access to the Site and Service. If you have conducted any fraudulent activity, Golfbreaks reserves the right to take any necessary legal action and you may be liable for monetary losses to Golfbreaks, including litigation costs and damages. To contest the cancellation, freezing, or closure of an account, or cancellation of an order, please contact Golfbreaks Customer Service.