Terms of Use
Last updated: 14 June 2023
1 WELCOME TO HYFLYERS GC
1.1 Welcome to the HyFlyers GC website at hyflyersgc.com (“Website”).
1.2 The Website is operated by Fairway TM Co 1, LLC [c/o LIV Golf Holdings Ltd 50 La Colomberie St Helier, Jersey JE2 4QB (“we”, “us”, “our”).
1.3 Access to and use of our Website is subject to the terms and conditions set out on this page ("Terms of Use"), as well as our Privacy Policy.
1.4 By accessing our Website you agree to our Terms of Use and Privacy Policy. If you have any questions about them, please contact us using the contact details at the end of these Terms of Use.
2 OUR TERMS OF USE
2.1 Please ensure that you have read and understood our Terms of Use and our Privacy Policy. We recommend that you save and/or print a copy for future reference.
2.2 From time to time, we may vary our Terms of Use. The revised Terms of Use will be available on our Website. Please check back regularly to ensure you are aware of any variations we may make. If you continue to use our Website after we make any changes, you will be deemed to have accepted any variations to our Terms of Use. If you do not agree to such variations, we ask you not to use our Website. These Terms of Use were last updated on the date stated at the top of this page.
3 USE OF OUR WEBSITE BY A MINOR
3.1 Our Website is not intended to be used by anyone under the age of 16. If you are 16 years old but under 18 or a minor in your jurisdiction, you may need your parent/guardian to help you with your use of the Website and with reading these Terms of Use. If anything is difficult to understand, please ask your parent/guardian to explain. If you still have any questions, you or your parent/guardian can contact us using the contact details at the end of these Terms of Use.
4 ACCURACY AND AVAILABILITY OF OUR WEBSITE
4.1 We do our best to make sure that our Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.
4.2 Our Website is provided free of charge and have not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.
4.3 Materials posted on our Website are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on this Website is at your own risk.
4.4 Access to our Website is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.
4.5 We update our Website regularly and reserve the right to add, remove and otherwise change its content at any time without notice.
5 ACCESS TO OUR WEBSITE
5.1 You are responsible for making all arrangements necessary to access our Website (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website.
5.2 You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms of Use.
5.3 You are responsible for compliance with local laws when accessing our Website.
5.4 We want you and others to enjoy using our Website. When doing so, we ask that you observe the following rules:
(a) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes;
(b) you agree not to use our Website for any illegal or unauthorised purpose and you agree to comply with all laws and regulations applicable to your use of our Website, including copyright and other intellectual property laws;
(c) you must not attempt to restrict another user of our Website from using or enjoying our Website and you must not encourage others to breach our Terms of Use;
(d) you must not interfere with our Website or any servers or networks connected to our Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Website is rendered or displayed in a user’s browser or device;
(e) you must not change, modify or alter our Website or change, modify or alter another website so as to inaccurately imply an association with our Website or with us;
(f) you must not access our Website via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); and
(g) you must not use, or cause others to use, any automated system or software to extract content or data from our Website except where you or any applicable third party has entered into a written agreement with us that permits such activity.
5.5 If you breach any of our Terms of Use, or any of the other terms and policies referred to in our Terms of Use, your ability to access and use our Website may be terminated by us immediately, where possible by giving written notice to you using the contact details you provide to us.
6 YOUR PRIVACY & COOKIES
6.1 The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
6.2 Our Website also use cookies and similar technologies. Some of these are necessary for the operation of our Website, some provide specific features and functionality and others are used to collect information to help us analyse how our Website is used. Please see our Cookies section of our Privacy Policy for more details of how we use cookies and similar technologies.
7 OUR INTELLECTUAL PROPERTY RIGHTS
7.1 Our Website and the contents of our Website are protected by certain rights, including registered and unregistered intellectual property rights (“Rights”). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our Website and their contents. In particular, we reserve all Rights in the name “HyFlyers GC”, the “hyflyersgc.com” domain name and all related domain names, trade marks, logos, brand names and/or trading names appearing on our Website. Nothing in these Terms of Use grants you any legal rights in our Website or their contents other than as necessary to enable you to access and use our Website in accordance with these Terms of Use. The use of any trade marks on our Website is strictly prohibited unless you have our prior written permission.
7.2 You may only view, print out, use, quote from and cite our Website and its contents for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.
8 OUR LIABILITY TO YOU
8.1 We are liable (i.e. responsible) to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failing to use reasonable care and skill. However, subject to the forgoing:
(a) we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen;
(b) we are not responsible for any damage, loss, injury suffered by any as a result of accepting any prize;
(c) we are not responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure resulting in any unavailability of the Website or damage to your or any other person’s computer or mobile telephone related to or resulting from using the Website;
(d) we are not responsible for any pre-existing faults or damage or for any loss or damage which you could have avoided by following our advice or instructions; and
(e) we are not liable for business losses. We only provide the Website for non-commercial purposes. If you use the Website for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (i.e. if we fail to take reasonable care or exercise reasonable skill in the performance of a contract) or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation (i.e. if we deliberately tell you something that is untrue, which you then reasonably rely on).
8.3 We are not responsible for delays outside our control (whether caused, for example by inclement weather, fire, flood or other natural disaster, accident, trade or labour dispute, government action, epidemic, pandemic, or any other reason beyond our control) or any event failing to take place for any reason outside of our control.
8.4 You are responsible for any mobile, data usage or other network connection charges that may apply. You are also responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. You are responsible for all costs relating to the same
8.5 The Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites.
8.6 Reasonable skill and care has been used in producing the Website but it is only designed for general information purposes. We do not give any guarantee or warranty that the Website or any content thereon (including data or statistics) is accurate, complete or up-to-date. We therefore disclaim all liability and responsibility arising from any reliance placed on the content of the Website by you, or by anyone who may be informed of the Website’s contents.
9 YOUR LIABILITY TO US
Any use by you of the Website or the contents of the Website in a manner not expressly permitted by our Terms of Use may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.
10 LINKING TO OUR WEBSITE
10.1 You may link to any page of our Website, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.
10.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other website.
10.3 If you are under 18 or age of majority in your jurisdiction, you may need your parent/guardian to help you with ensuring the content and availability of any linked websites and services are appropriate.
11 THIRD PARTY WEBSITES & SERVICES
11.1 Our Website may contain links to third party websites and services. If you decide to visit any third party website or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the services they offer. We are not responsible for the content, accuracy or opinions expressed on third party websites or services. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services.
11.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Website, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third party policies and terms and conditions before proceeding.
12 GENERAL PROVISIONS & APPLICABLE LAW
12.1 You may not assign, sub-license or otherwise transfer any rights under our Terms of Use.
12.2 If any provision of our Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms of Use, which will remain in full force and effect.
12.3 If we fail to exercise any right or remedy under our Terms of Use, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.
12.4 The laws of England and Wales will apply to our Terms of Use and your use of our Website. To the extent permitted by local law, the courts of England and Wales will have exclusive jurisdiction over any claim relating to our Website or our Terms of Use. Regardless of the foregoing, you may have statutory and/or consumer rights where you live which apply and your local law may apply in some circumstances.
13 ENQUIRIES & COMPLAINTS
13.1 If you have an enquiry or complaint about our Website, please contact our customer services team at info@hyflyersgc.com.