Please note that the term 'GolfClubNewsletters' includes all 'eNewsletters4' services. These terms and conditions apply equally to all subscribing organisations.
GOLFCLUBNEWSLETTERS
TERMS FOR THE PROVISION OF SERVICES
Please read these Terms and Conditions before you proceed. They set out the terms on which GolfClubNewsletters will provide you with the eNewsletters Service and set out certain obligations imposed on you.
GolfClubNewsletters provides clients with a variety of tools and resources to collect email addresses and provides a service to create, launch and manage online Newsletter campaigns. This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti Spam Policy.
The following are the terms and conditions for use of the Services. By adopting the GolfClubNewsletters service, you accept these terms and conditions. This Agreement commences on the receipt by us of your first Management Fee and shall continue indefinitely, or until either you or we give notice of cancellation.
1. Acknowledgements.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
• GolfClubNewsletters may not be used for the sending of unsolicited email (sometimes called "spam").
• GolfClubNewsletters may only be used for lawful purposes.
• The Services will be subject to payment annually in advance.
• GolfClubNewsletters will not use your member list/subscriber list or any other member information for any other purposes than those intended with the Service.
• You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
• You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
• Every email/Newsletter message sent in connection with the Services must contain the GolfClubNewsletters "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
• You will conform to our Email Privacy Policy with regard to this Service, which may be modified by GolfClubNewsletters from time to time.
• You will be responsible for and to your Sponsor(s) in all matters of your relationship with them and that you accept and acknowledge that no business relationship, express or implied, exists between GolfClubNewsletters and your Sponsor(s). GolfClubNewsletters may, at its sole discretion, refuse to feature the Marks or messages from any Sponsor(s), particularly those that contravene our Prohibited Content and Commerce Statement.
2. Services and Support
2.1 The Services are provided subject to this Agreement, as it may be amended by GolfClubNewsletters, and any guidelines, rules or operating policies that GolfClubNewsletters may establish and post from time to time (the "Agreement"), including without limitation GolfClubNewsletter's Email Privacy Policy, as linked from all email generated from GolfClubNewsletters or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy).
By posting updated versions of the Agreement on the GolfClubNewsletters.com website, or otherwise providing notice to you, GolfClubNewsletters may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at GolfClubNewsletter’s website.
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
3. Deposit, Fees and Payment
3.1 On confirmation from yourselves that you wish us to provide the eNewsletters Service, we will require your first annual Management Fee. This will become effective immediately although your next annual Management Fee will be required 12 months after the date of your first publication. The Customisation process is therefore provided free of charge. Before your first publication and thereafter annually on anniversary, you will be required to submit payment for Services annually in advance according to your chosen Publishing Schedule. Newsletters cannot be published until payment is received.
3.2 The current Fee Schedule is subject to the number of subscribers on your mailing list not exceeding 2,500. We will advise you in the event of your subscriber level reaching this amount and we reserve the right to amend the Publishing Rate at that time.
3.3 We will advise you on anniversary of the fees pertaining at the time of your annual renewal although you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by GolfClubNewsletters. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in GolfClubNewsletter's discretion. GolfClubNewsletters will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
3.4 Payment for Services will be made by cheque payable to GolfClubNewsletters at PO Box 72, Kegworth, Derby, DE74 2YE. Fees are payable in UK pounds sterling and VAT will be charged at the prevailing rate. Amounts paid for the Services are not refundable.
3.5 You acknowledge and agree that you are responsible for paying Fees for all email/Newsletter messages sent through GolfClubNewsletters, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
4. Email & Permission Practices
4.1 Every email message sent in connection with the Services will contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link will remain operational for a period of thirty (30) days after the date on which we send the message on your behalf. You acknowledge and agree that we will not remove or disable either link.
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact GolfClubNewsletters if you have questions).
4.3 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a GolfClubNewsletters template or any other features or functionality from the Services and use them for any purpose.
4.4 We are responsible for monitoring; correcting and processing unsubscribe requests within 10 days and updating the email addresses to which messages are sent through your GolfClubNewsletters account.
4.5 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, GolfClubNewsletters cannot share with you the email addresses of those who complain about your email/Newsletter campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. GolfClubNewsletters, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.6 GolfClubNewsletters, at its own discretion, may immediately disable your access without refund to the Services if GolfClubNewsletters believes in its sole discretion that you have violated any of the email and permission practices listed above.
5. Restrictions and Responsibilities
5.1 GolfClubNewsletters will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
You may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by GolfClubNewsletters in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
5.3 The Services shall be used for your internal purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the GolfClubNewsletters company names and logos and all related product and service names, design marks and slogans, are the property of GolfClubNewsletters or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of GolfClubNewsletters. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All rights in the design, text, graphics and other material on the Site and the selection or arrangement thereof are the copyright of GolfClubNewsletters or other third parties. Permission is granted to electronically copy and print in hard copy your Newsletter, or any part of it, but no other part of the GolfClubNewsletters site.
5.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless GolfClubNewsletters and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that GolfClubNewsletters has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although GolfClubNewsletters has no obligation to monitor the content provided by you or your use of the Services, GolfClubNewsletters may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United Kingdom or European Law or other laws that may apply in this jurisdiction or your local area is prohibited. For details, see GolfClubNewsletter's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
5.7 For every email/Newsletter message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying header and footer stating "Published by GolfClubNewsletters" or a similar message. You agree to cooperate with and provide reasonable assistance to GolfClubNewsletters in promoting and advertising the Services. You further agree to cooperate with and provide reasonable assistance to GolfClubNewsletters in including up to two third party advertising sections within each email/Newsletter. Such advertisements will not compete with the services usually provided by your organisation.
5.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to GolfClubNewsletters. GolfClubNewsletters may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your use of the Service, or communicate separately with you. GolfClubNewsletters will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from GolfClubNewsletters due to unsolicited commercial email being sent from your GolfClubNewsletters account.
6. Termination
6.1 You may terminate this Agreement at any time by calling GolfClubNewsletters. There are no refunds for any fees paid.
6.2 GolfClubNewsletters may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. GolfClubNewsletters shall have no liability to you or any third party because of such termination or action.
6.3 GolfClubNewsletters will delete any of your archived data within 30 days after the date of termination. After termination, we will process all unsubscribe requests within 30 days of your last email/Newsletter campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
6.4 If your account is classified (at GolfClubNewsletter's sole discretion) as inactive for over 120 days, GolfClubNewsletters has the right to permanently remove your subscriber data. GolfClubNewsletters will attempt to contact you via email prior to taking any permanent removal actions.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. GOLFCLUBNEWSLETTERS DOES NOT WARRANT TO ANY PARTY INCLUDING SPONSORS OR ADVERTISERS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND GOLFCLUBNEWSLETTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CERTAIN LINKS IN YOUR NEWSLETTER WILL TAKE YOU AND YOUR SUBSCRIBERS OUTSIDE THE NEWSLETTER. LINKS ARE PROVIDED EITHER BY YOU OR BY US FOR YOUR CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OR APPROVAL BY US OF THE LINKED SITE, ITS OPERATOR OR ITS CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SITE OUTSIDE THE NEWSLETTER. YOUR AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICES SHALL BE FOR GOLFCLUBNEWSLETTERS TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SERVICES.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GOLFCLUBNEWSLETTERS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "GOLFCLUBNEWSLETTERS") BE LIABLE TO YOU OR ANY OTHER PERSON OR PARTY FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF GOLFCLUBNEWSLETTERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, GOLFCLUBNEWSLETTERS IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF GOLFCLUBNEWSLETTERS TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.
10. Miscellaneous
10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 GolfClubNewsletters and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind GolfClubNewsletters in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 These terms and conditions shall be governed and construed in accordance with English Law and any disputes arising in relation thereto shall fall within the exclusive jurisdiction of the English courts.
