1 Acceptance of Terms and Conditions
1.1 This is the net60six.co.uk website (the "Website") which is owned by NET60SIX Limited (Company No. 6955051) whose registered office is c/o Henton & Co LLP, St Andrew's Street, Leeds, West Yorkshire ("we", "us", "our"). In these Terms and Conditions the term Website shall include, but is not limited to, all and any information and content displayed on the Website.
1.2 Your access to and use of the Website is subject exclusively to these Terms and Conditions. By using or registering to the Website; or by subscribing to services we provide through the Website, which may include, without limitation, a subscription as a member of our Internet based Golf Club, along with access to any features, content and/or information made available on the Website (the "Subscription Services"); and/or by purchasing any goods ("Goods") you are fully accepting these Terms and Conditions and our Privacy Policy which sets out how we process your personal information. If you do not accept these Terms and Conditions you shall not be entitled to use the Website and/or purchase Subscription Services or Goods. For the avoidance of doubt, these Terms and Conditions do not cover your use of any physical golf course facilities. The terms on which you play at and use such facilities will be determined by the golf course in question and we do not accept any responsibility or liability arising from such use by you.
1.3 We may change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changed Terms and Conditions.
1.4 In these Terms and Conditions the headings are inserted for convenience only and shall be ignored in the interpretation of these Terms and Conditions.
1.5 You should print a copy of these Terms and Conditions for your future reference.
2 Use of the Website
2.1 You agree:
(a) not to use the Website in any unlawful or unauthorised manner or in any manner that could disable, damage or be otherwise harmful to the Website or any part thereof; and
(b) not to use the Website to collect, copy, process and/or store any content or data made available on the Website or through the Subscription Services except to the extent and for the purposes permitted by law.
3 Registration
3.1 We shall be entitled to require that you register to the Website in order to purchase Subscription Services and/ or Goods and/or access certain information from and other materials and features of the Website.
3.2 By registering to the Website, you warrant and represent that:
(a) all your personal and, where applicable, company details ("User Information") are and shall at all times be honest, accurate and complete; and
(b) you shall at all times maintain the accuracy of the User Information.
3.3 Where you register or subscribe to the Website, you will need to create a user name and password ("Access Information"). You agree to keep the Access Information secure and confidential at all times and shall not disclose such to any third party except with our prior written consent.
3.4 In the event you become aware or at any time suspect that the confidentiality of your Access Information (in whole or in part) has been compromised, you shall promptly notify us by writing to us to NET60SIX Ltd, 5C Millfield Lodge, Cottingley Business Park, Bingley, Yorkshire, BD16 1PY or by emailing us at personalinfo@net60six.com.
4 User Content
4.1 Where you add any content or material to the Website, whether of an audio or visual nature and including without limitation any words, pictures, blogs, comments, pod-casts and case studies which you post on, by or via the Website ("User Content"), you agree that you shall be solely responsible and liable for all User Content you post on, to or via the Website.
4.2 You agree not to post any User Content on the Website which:
(a) is or could reasonably be considered to be offensive, harmful, unpleasant, inappropriate, threatening, fraudulent, defamatory, abusive, discriminatory, false, libellous, unreliable, misleading, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable (each being an "Objectionable Nature");
(b) infringes any third party's rights including, without limitation, the intellectual property rights of any third party (including but not limited to patents, designs, copyright, trade marks and trade names, domain names, database rights, rights in and to confidential information and know-how) whether such rights are registered or unregistered existing anywhere in the world, now or in the future ("Intellectual Property");
(c) contains any personal or private information regarding any third party, including but not limited to addresses, phone numbers, email addresses, financial information or passwords;
(d) contains any links to third party websites which are or could reasonably be considered to be or to contain content of an Objectionable Nature; and/or
(e) you do not have the necessary permission, licence or authority to post.
4.3 You understand and agree that:
(a) we may monitor the content on the Website from time to time, but shall not be obliged to do so;
(b) we reserve the right to remove any content posted on the Website which we consider to be of an Objectionable Nature or unsuitable for any reason;
(c) by using the Website and where applicable the Subscription Services (in whole or in part), you may be exposed to material that you may find to be of an Objectionable Nature and in this respect you use the Website and where applicable the Subscription Services at your own risk;
(d) in the event that you become aware of any content on the Website and/or in material supplied in the course of us performing the Subscription Services (whether generated by us or any third party) which is or could be considered to be of an Objectionable Nature you shall promptly notify us by email at objections@net60six.com.
4.4 You agree to indemnify us and keep us indemnified at all times against all and any losses, costs, expenses and damages incurred by us in respect of any claim that the User Content posted by you or on your behalf on the Website is in breach of condition 4.2 above or any part thereof.
5 Changes to the Website
5.1 We reserve the right to change or remove (temporarily or permanently) the Website and/or Subscription Services or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal.
6 Links to Third Party Websites
6.1 The Website includes links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or of the products/services offered on such websites. We do not accept any responsibility in respect of such websites or their accuracy, reliability, availability or content, including without limitation in respect of any link contained in a linked website.
6.2 Third party websites are governed by separate terms and conditions and privacy policies. We advise that you read all such information carefully before using any such third party website.
6.3 You shall not be entitled to link the Website to any third party website or post any User Content incorporating a link to a third party site without obtaining our prior written consent.
7 Copyright & Intellectual Property
7.1 We do not claim any ownership in any User Content posted by you but you hereby grant us a worldwide, sub-licensable, perpetual, transferable, royalty-free licence to use such User Content in any way whatsoever, including without limitation, on the Website.
7.2 Subject to condition 7.1 above, all information, copyright, database rights, trade marks, domain names, design rights and all other Intellectual Property rights in or relating to us, our business, the Subscription Services, the Goods, the Website and/or its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the content displayed on the Website) are owned by us or our licensors as applicable.
7.3 You shall be permitted to download, copy and/or print pages of the Website for your own personal, non-commercial home use only. Except as expressly permitted by these Terms and Conditions, you may not download, copy, reproduce, transmit, store, sell or distribute any of the Website's content without our prior written consent.
7.4 Copying or storing the contents of the Website for reasons other than in accordance with condition 7.3 above is expressly prohibited.
7.5 No permission is given by us for use by you or any third party of any Intellectual Property in the Website which may constitute an infringement of our Intellectual Property rights or the rights of any third party.
7.6 You acknowledge and agree that you shall not at any time use any of our or our licensors' trade marks, whether registered or unregistered and including without limitation trade names, graphics and/or logo(s), without our prior written consent, such consent to be given at our sole discretion.
8 Purchase of Products
8.1 The placing of Subscription Services and/or Goods (each, a "Product") on our Website is an invitation to accept offers for such Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
8.2 Please note that the Product details and / or specification as set out on the Website are subject to change without notice.
8.3 We will acknowledge by e-mail your order for a Product at the time you place your order. Please note that this does not mean that your order has been accepted. We will notify you within 2 days of such email whether we have accepted your order in whole or in part. At the same time, if we have accepted your order in whole or in part we will notify you as applicable, of delivery dates and/or the relevant Initial Term of the Subscription Services (as defined in condition 9.1 below). For the avoidance of doubt, we will not be obliged to supply any Product which may have been part of your order but which we have not accepted to supply for whatever reason.
8.4 In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will supply the Subscription Services and/or deliver the Goods, as applicable, to you in accordance with these Terms and Conditions. If payment has been charged for the purchase and you cancel your order we will (as applicable):
(a) where the contract is for Subscription Services, we will issue a refund within 30 days and terminate your access to the Subscription Services; and/or
(b) where the contract is for Goods and the Goods have been sent out, promptly issue a refund upon return of the Goods to us; or
(c) where the contract is for Goods and the Goods have not already been sent out, promptly issue a refund.
8.5 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable for any reason prior to delivery we will notify you of alternative Products. Unless you confirm that you want the alternative Products within 7 days of our notification, we will issue a refund in respect of any payment already taken by us for the unavailable Product.
9 Terms of the Subscription Services
9.1 Where applicable, subject to earlier termination in accordance with these Terms and Conditions, you shall be entitled to use the Subscription Services for a period of one year (the "Initial Term") unless abefore the end of the initial term or before the end of each one year period thereafter you extend your contract for Subscription Services for a further period of one year by paying the relevant Subscription Fee.
9.2 Where you have paid the Subscription Fee (as defined in condition 13.1 below), you shall be entitled to use the Subscription Services in accordance with these Terms and Conditions and any other applicable terms and conditions applicable to the Subscription Services until the term of your subscription (as detailed on the Website or as otherwise notified to you by email) expires or your subscription is terminated, howsoever caused.
10 Cancellation of contract by you
10.1 You may cancel the contract between you and us for the purchase of Products:
(a) subject to condition 10.2 below, in respect of Subscription Services, within 7 working days from the day after the day the contract is concluded, by notifying us in writing by email or post at the addresses set out at the beginning of these Terms and Conditions; and/or
(b) in respect of Goods, at any time up to and including the seventh working day after the day on which the Goods are delivered to you by notifying us in writing by email or post at the addresses set out at the beginning of these Terms and Conditions.
10.2 You shall not be entitled to cancel a contract for Subscription Services where we have, with your consent, already commenced the supply of the Subscription Services to you within the 7 day period detailed in condition 10.1(a) above. Once we have commenced the supply of the Subscription Services with your consent, you shall not be entitled to terminate the contract for the Subscription Services except as otherwise stated in these Terms and Conditions.
Cancellation of the Subscription Services
10.3 Where the contract relates to Subscription Services, we may terminate your access to the Subscription Services at any time in the event you breach these Terms and Conditions and the breach is not capable of remedy or, where your breach is capable of being remedied, it is not remedied within 7 days of us notifying you of the breach.
10.4 We may suspend, restrict or terminate your access to the Website and/or any Subscription Services at any time on a temporary or permanent basis without cause, provided that where we terminate the Subscription Services without cause we shall refund to you on a pro-rata basis, any Subscription Fees paid in advance for which you have not received the Subscription Services.
Cancellation of the supply of Goods
10.5 Where the Contract relates to Goods and you cancel the contract:
(a) you must return the Goods to us at NET60SIX Ltd, 5C Millfield Lodge, Cottingley Business Park, Bingley, BD16 1PY at your own cost and risk. If you cancel the contract and then you receive the Goods you must not unpack them from their packaging but must immediately send them back to us;
(b) in any event, you must return the Goods to us within 14 days of receiving it and at your own cost and risk;
(c) if you do not return the Goods to us within 14 days we will contact you. If we have to collect it from you we will deduct any costs we incur in recovering the Goods from your payment to us prior to re-crediting your charge card;
(d) provided that we receive the Goods in the condition they were in when delivered to you with the original Goods packaging in reasonable condition given its purpose, then we will re-credit your charge card with the amount debited for your order for the Goods in question as soon as possible and, in any event, within 30 days of receipt of the Goods. For the avoidance of doubt, you shall be responsible for ensuring that the Goods and original packaging are returned to us in the stated condition and if any additional packaging is required in order to do this then you shall be responsible for obtaining and the cost of such;
(e) until you return the Goods to us you must keep them in your possession and take reasonable care of them.
10.6 Please be aware that you will not be entitled to cancel the contract for the supply of any of the following:
(a) Subscription Services which we have, with your consent, already commenced supplying to you within the 7 day period referred to in condition 10.1(a);
(b) Goods which have been changed, altered, adjusted or personalised in any way whether by us pursuant to your request or instruction, by you or by a third party regardless of whether such change to the Goods occurs before or after delivery;
(c) Goods made to your specification;
(d) Goods obtained by us especially for you so as to meet a specific item request and/or specification made by you;
(e) Goods which cannot be returned by reason of their very nature, for example for reasons of personal hygiene such as ear plugs, unless such Goods are still in their original sealed packaging and neither the Goods nor the packaging have been used or tampered with; and/or
(f) Goods which are liable to deteriorate or expire rapidly.
11 Defective Products
11.1 In relation to the Subscription Services:
(a) if the Subscription Services are not performed or, if they are performed but they are defective or not what you ordered, please notify us straight away and in any event within 7 days of the date when we commenced supply of the Subscription Services or would in the ordinary course of business have commenced supply; and
(b) provided you notify us in accordance with clause 11.1(a) we will, at our option, re-perform the Subscription Services or refund you the Subscription Fee (as defined in condition 13.1 below) paid for the Subscription Services which are found to be of insufficient quantity, defective or incorrect; or
(c) if you opt to take alternative Subscription Services, any additional payments must be paid before we supply the alternative Subscription Services. Replacement Subscription Services will not be supplied until such payment has been received.
11.2 In relation to Goods:
(a) if the Goods delivered are defective, not what you ordered, or damaged on delivery please notify us straight away and in any event within 3 days of delivery and we will arrange for the Goods to be collected. You should keep your delivery note; and
(b) provided you notify us in accordance with 11.2(a), we will repair, replace or refund you for the price paid for any Goods which are found to be incorrect or damaged or defective on delivery for a period of 28 days after delivery.
(c) if you opt to exchange the Goods, any additional payments must be included with the returned Goods. Replacement Goods will not be despatched until such payment has been received.
12 Title and Risk
12.1 Risk in the Goods passes to you when the Goods are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Goods after risk passes.
12.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges; and all other sums owing to us from you under this or any other contract.
13 Fees and Payment
13.1 Where applicable, the price payable for the Subscription Services (the "Subscription Fee") shall be calculated in accordance with the rates in force at the relevant time, as detailed on the Website. Where the contract between you and us for Subscription Services extends beyond the Initial Term (as defined in condition 10.1), you shall be liable for and agree to pay all Subscription Fees payable to us in respect of the Subscription Services provided by us following expiry of the Initial Term.
13.2 All sums shall be payable in advance in accordance with the methods detailed on the Website from time to time.
13.3 Except where otherwise stated in these Terms and Conditions all fees are non refundable.
13.4 Payments must be made by credit or debit card and we shall not commence supply of any Subscription Services or despatch any Goods as applicable, until we receive confirmation of payment.
13.5 Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
14 Disclaimers and Liability
14.1 This condition 14 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of any breach of these terms and conditions; any use made by you of the Website, the Subscription Services and/or Goods, in whole or in part; any use made or resale by You of any Goods, or of any product incorporating any of the Goods; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the contract between you and us (the "Contract")
14.2 Subject to condition 14.6(a) below, any access, downloading or other use of material, software applications or information obtained through the Website by you is at your own discretion and risk.
14.3 The contents of the Website do not constitute advice and you use the Website and/or Subscription Services at your own risk. You should check thoroughly any and all information detailed on the Website or in the Subscription Services before relying upon the information, incurring any costs and/or entering into any agreement with a third party. We are not responsible for any loss or damage arising from the use of such material and information including, without limitation, for any inaccuracy, misleading statement or representation made by a third party or contained in any third party information provided for publication on this Website.
14.4 The Website is provided on an 'as is' basis and we do not make any representations or warranties as to the accuracy, completeness or suitability of the Website and/or (subject to condition 14.6 below) where applicable the Subscription Services including without limitation in respect of any User Content. Except as expressly set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded.
14.5 We give no warranty regarding the functionality of the Website including without limitation that the Website and/or Subscription Services will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
14.6 We agree that, as applicable:
(a) we shall provide the Subscription Services using reasonable skill and care; and/or
(b) upon delivery and for such a period identified on the relevant Goods, the Goods will meet the specification detailed on the Website in all material respects;
14.7 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase of Products, our entire liability shall be limited, to the extent that the cause of action relates to the Products purchased on our Website, to (at our option):
(a) where the action relates to Subscription Services, re-performing the defective Subscription Services or refunding the Subscription Fee paid for the defective Subscription Services for the period of subscription then current; and/or
(b) where the action relates to Goods, repairing or replacing the defective Goods or refunding the amount paid by you in respect of the Goods purchased..
14.8 Subject to condition 14.9 below and to the fullest extent permitted by law: (i) we shall not be liable for any loss of profit; loss of business; loss of contract; loss of anticipated savings; loss of use; loss of or corruption to data or information; loss or depletion of goodwill or similar losses; or any special, indirect or consequential loss, costs or damage arising out of or in connection with the Contract, including without limitation any use of the Website; and (ii) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to:-
(a) where the breach relates to the Subscription Services, to the value of the Subscription Fee paid or payable by you in respect of the defective Subscription Services for the period of subscription then applicable;
(b) where the breach relates to the Goods, to the price paid or payable in respect of the Goods to which the breach relates; or
(c) in respect of all breaches not falling within the scope of condition 14.8(a) or 14.8(b) above, £1.
14.9 Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury caused as a result of our negligence; or for our fraud or fraudulent misrepresentation; or any liability under the Consumer Protection Act 1987; or any breach by us of the warranty as to quiet possession implied by section 2 of the Supply of Goods and Service Act 1982.
14.10 You agree to indemnify and keep us indemnified from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us in connection with any breach by you of these Terms and Conditions any and/or other liabilities otherwise arising out of your use of this Website.
14.11 Where applicable, we agree to use reasonable endeavours to keep the details of your registration, subscription and/or payment confidential but we shall not be responsible for any unauthorised access by a third party of your data, except where caused by our negligence.
15 General
15.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
15.2 These Terms and Conditions including the Privacy Policy represent the entire understanding between you and us and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us. Nothing limits either party's liability for fraud.
15.3 A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
15.4 You may not assign or transfer your rights and obligations under the Contract without our prior written consent.
15.5 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
16 Contact
16.1 If you have any queries or concerns about the Website, the Subscription Services and/or Goods, please write to us at NET60SIX Ltd, Suite 5C, Millfield Lodge, Cottingley Business Park, Bingley, BD16 1PY or email us at queries@net60six.com.