Terms of Service
Effective Date: 10/22/2024
Last Updated: 10/22/2024
The terms of this Service Agreement (hereinafter referred to as “this Agreement”) are for the service provided by Golfzon Co., Ltd. (hereinafter referred to as “Golfzon” or “the Company”) through the website and mobile application operated and provided by Golfzon (hereinafter referred to as the “Service”). Capitalized terms not defined in the text of this Agreement are defined in Article 1.
By using the Services, you (“Customer”) agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.
Article 1 Definitions
The following terms are used in this Agreement.
The “Customer” refers to the user of the Service(s) provided under this Agreement.
An “Account” refers to the Customer’s information that is on file with Golfzon and it is the identifier issued by Golfzon to identify the Customer. The establishment of an Account shall be necessary in order for the Customer to use the Service(s).
The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under names such as “agreement,” “guidelines” or “policy” and to which the Customer’s use of the Service(s) is also subject.
“Content” shall refer to the content that can be used, viewed and accessed through this Service and includes text, audio, music, images, videos, software, programs, codes, Customers’ usernames, and other proprietary information.
“Device” shall mean the device with which the Customer uses the Services.
“Services” refer to all services provided to Customers by Golfzon, including: a) online services accessed by signing into Golfzon’s products (including Golfzon Live Service, Golfzon Wave Service);b) services related to record in using GS (Golfzon system designed for indoor golf enjoyment), GDR (Golfzon Driving Range), and WAVE (personal Golfzon system designed for home use) accessed through the website usage; c) social networking services (feed, explore, etc.); d) bulletin board services (photo galleries, columns, news, etc.); e) provision of information on Content; f) any and all services provided to Customers, including event services conducted directly by Golfzon or jointly with affiliated companies. Customers may directly pay the usage fee for Golfzon Live Service at the store.
“Golfzon Store” (hereinafter referred to as the “Store”) refers to a location where the owner has purchased Golfzon products and the company has approved the installation of Golfzon products and provision of Services.
“Golfzon Simulator” refers to a product equipped with the GS, GDR, or WAVE system.
“Golfzon Membership Service” refers to an integrated membership service where users can sign in with their Accounts to access Services, including Content, discounts, and participation in events, provided by Golfzon.
“Open Golfzon Live Festival” (hereinafter referred to as “OPEN GLF”) refers to simulation (screen) golf tournaments that Golfzon or owners or members can freely organize and participate in.
“Posts” refer to any Content such as text, photos, videos, various files, links, etc., posted by Golfzon or Customers within the Golfzon Membership Service website.
Article 2 Consent to the Agreement
The Customer’s use of this Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement, and the Customer agrees to use this Service within the scope set forth by Golfzon in accordance with the terms and conditions set forth by Golfzon (e.g. age and usage environment).
In the event the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use this Service, and shall immediately cease downloading, installing or using this Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s).
In the event that an Individual Service Agreement has been established in relation to this Service, the Customer shall use this Service in accordance with the provisions of the Individual Service Agreement in addition to this Agreement.
In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
Golfzon may require members to undergo separate or additional registration procedures to access specific Services. Where such specific Services are used, the terms and conditions or rules specific to those Services shall take precedence over this Agreement when using the respective Services.
THE CUSTOMER MUST BE AT LEAST AGE THIRTEEN (13) TO ACCESS OR USE THE SERVICE(S) OR CREATE AN ACCOUNT. By accessing, using and/or submitting information to or through any of the Services, you represent that you are not younger than age 13.
Customers who are minors in their respective jurisdictions but aged 13 or above may use the Services only with the consent of a parent or guardian. Parents or guardians are solely responsible for any unauthorized use of the Services by minors without such consent.
Article 3 Changes to the Agreements and Disclaimers
Golfzon reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Golfzon considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) if any amendments need to be made due to any exchange rate fluctuations, (v) for the benefit of the user, and/or (vi) if Golfzon determines for any other reasonable reason, in its sole discretion, that such amendments are required.
Golfzon shall inform the registered Customers about the proposed amendment via its website, at least 30 days before the amendment is scheduled to take effect.
If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if the Customer uses the Service(s) again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.
Article 4 Processing of Personal Information
Golfzon shall handle the personal information obtained from the Customer in accordance with the “Privacy Policy”, as set forth separately by Golfzon.
Article 5 Limited License of Intellectual Property Rights
The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Golfzon hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service(s) and any Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with this Agreement. The Customer acknowledges that the time spent on or using the Service(s), including and without limitation on any underlying Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Service(s) and/or the Content.
Between the parties, Golfzon shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming, and any associated patents or proprietary rights related to the Service(s). This Agreement shall not transfer any rights (e.g. intellectual property rights) relating to the Service(s) to the Customer other than the right to access and use the Service(s) set out in Article 5(1). The Customer acknowledges that Golfzon’s intellectual property contained within the Content and the Service(s) are valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to this intellectual property.
Golfzon does not grant the Customer any express or implied rights or licenses in or to the Service(s) and/or the Content other than what is expressly set forth herein. Furthermore, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Content.
Golfzon reserves the right to modify, amend, and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Golfzon will not be liable to the Customer or any third party for any such modification, suspension, or termination.
Golfzon reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and all other matters in the Content and the Service(s).
The Content contains copyrighted material, trademarks, and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. This Content is subject to copyrights owned by Golfzon and other individuals or entities and is protected by copyright laws.
The names, trademarks, service marks, and logos of Golfzon are the property of Golfzon and its affiliates, and are protected from reproduction, imitation, dilution, or any use that may cause confusion or misunderstanding, under relevant laws such as trademark law and copyright law. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademark of Golfzon and its affiliates, or any third party.
Article 6 Account and Password
The Customer shall be required to register for an Account before starting to use this Service. Golfzon reserves the right to refuse to grant the Customer a username for any reason, including if it potentially impersonates someone, is vulgar, is otherwise offensive, or may cause confusion.
The Customer acknowledges that it will have no rights to the Account. The Customer cannot transfer, loan, or pass on any of the usage rights in this Service to a third party.
To create an Account, we may require or request that you to provide us with certain information, including personal information. When you decide to provide Golfzon with your information, you agree to:
provide accurate information about yourself as prompted by the Account registration process and
maintain and update your information to keep it accurate and current.
If any information provided by you is untrue, inaccurate, not current, or incomplete, Golfzon has the right to terminate your access to and use of the Services.
Golfzon shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses this Service, and the Customer releases Golfzon from all liability or responsibility for any actions taken which relate to this incorrect information. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF THEIR ACCOUNT.
The Customer shall take all appropriate safety measures against the unauthorized use of the Account by any third party with reasonable care.
The Customer shall in particular:
safeguard the confidentiality of the Account’s username and password in particular when using national or international media, private correspondence, social media, or a service on the Internet; this entails among others that the Customer shall
not communicate their username or password to any third party;
only keep, if at all, encoded and separate written records of the username and the password, and keep those separate records in places protected against the access by any third party;
change the password at regular intervals, at least once a year;
secure access to the hardware with which the Customer accesses the Service (i.e. by implementing further passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in this Agreement);
If the Customer breaches the obligations of this Agreement, he is liable according to the statutory damage claims.
Golfzon shall consider any acts performed by the Customer or by a third party on the Customer’s Account as the Customer’s own acts if the third party was able to use Customer’s Account due to the Customer’s permission or fault. The Customer acknowledges that it is the Customer’s own responsibility to ensure that the information registered by the Customer when using this Service is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the Internet, or any other method. The Customer acknowledges that Golfzon shall bear no responsibility for any such misuse.
As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Services through the Customer’s Account and username by the Customer or by a third party on the Customer’s Account and username as the Customer’s own acts if the Customer could have prevented the use of the Account by applying reasonable care and in particular by complying with the obligations of this Agreement.
If the Customer violates this Agreement and does not comply with a warning notice, Golfzon reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in this Service shall cease to exist when the Account is suspended, deleted or revoked, regardless of the reason.
Article 7 Provision of Service
Golfzon reserves the right to change, suspend, or terminate this Service and all Services provided through this Service where there are reasonable grounds. A complete termination of the Service(s) will be announced via web pages, email, etc., by Golfzon six weeks before such termination takes effect, unless exceptional circumstances or legal requirements make such an announcement impossible.
If this Service is terminated under the preceding paragraph, the Customer cannot access the Customer’s Account once the Service(s) are terminated.
The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a cancelation by the Customer of the Fee-based Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations.
Despite the conflicting provisions stated in this Agreement, the Customer agrees that he or she does not have any rights or ownership over the Content purchased from Golfzon or related to his or her Account, or any other elements stored in this Service. The Customer acknowledges that such Content have no monetary value, and Golfzon is not obligated to exchange them for anything of value. If the Customer’s Account is terminated or suspended, the associated Content and Accounts have no value. The related Content cannot be transferred, licensed, or sold.
If Golfzon suspects that the Customer has acquired Content through illegitimate or unauthorized means, it reserves the right to terminate, modify, or temporarily suspend the Customer’s Account.
For residents of France, Germany, Spain, Italy, and the United Kingdom, please refer to “Right to Withdrawal and Instructions for the Right to Withdrawal” in Article 23.
Article 8 Tournament (OPEN GLF)
For the activation of individual stores or fostering camaraderie among individuals, Golfzon Simulator owners or users may request Golfzon to organize OPEN GLF tournaments. Users may request tournaments for general competitions or store-based competitions and must adhere to the following:
The tournament rules and prize details for tournaments held in OPEN GLF are designated by the organizer, and Golfzon does not assume any responsibility for these Contents. However, in the case of sponsored tournaments, Golfzon guarantees the Content of the tournament either through discussions with the organizer or by directly organizing the tournament.
Owners or members must organize OPEN GLF tournaments in accordance with the tournament rules approved by the company, and members participating in OPEN GLF must comply with these rules.
Members participating in OPEN GLF must strive to maintain the dignity and etiquette of a respectable golfer and must not engage in any behavior contrary to the spirit of golf, such as cheating or interfering with others’ games.
In cases of the following subparagraphs, owners or members who organize OPEN GLF tournaments may take actions such as refusing to provide prizes or monetary rewards to participating members:
Where any act contrary to the spirit of golf, such as cheating or interfering with others’ games, is detected.
Where the participant is not a member.
Where local rules are not complied with.
Where records from a round played in a mode other than OPEN GLF mode are submitted.
Where an attempt is made to receive prizes or monetary rewards through fraudulent means by exploiting loopholes in tournament rules.
Where individuals participated in the tournament despite not meeting the eligibility criteria announced by the tournament organizer.
Article 9 Advertisements
Golfzon shall reserve the right to post the advertisements of Golfzon or a third party in this Service at the discretion of Golfzon.
Article 10 Prohibitions
The Customer shall not commit any of the following acts in this Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts.
Using the Service(s) in a manner that violates this Agreement or violates any applicable law or regulation.
Committing fraud (including computer fraud), obstructing business, intentionally interfering with the Service(s) or fair play, committing unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead, to a violation of the law.
Infringing on the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights, and other personal rights of Golfzon or a third party.
Making discriminatory, slanderous, libelous (or otherwise defamatory), or offensive statements.
Posting, writing, or uploading any content that includes expressions or content which harass, degrade, or abuse a third party, or which is otherwise inappropriate to a third party.
Posting, writing, or uploading violent or grotesque content, such as violent or grotesque photographs.
Stalking, relentlessly pursuing, sending large volumes of messages, or other similar acts contrary to the will of other Customers in a manner which can harass or intimidate them.
Posting links to adult sites, dating sites, and similar sites, and attempting to induce encounters with other people.
Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses and addresses), non-public information, trade secrets, or confidential information without the permission of the rights holder or the person, company, or group to which the information relates.
Impersonating Golfzon or a third party, and registering or posting false information.
Committing unauthorized access or acts with the intent of misleading Golfzon or third-party.
Advertising, announcing, soliciting for, and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses, and other transactions similar to a chain structure related to the Service(s) or Content.
Committing acts which relate to the Service(s) or Content and are intended to make a profit without the consent of Golfzon.
Acquiring in an unauthorized manner the various Contents provided by Golfzon through this Service or committing acts that facilitate the unauthorized acquisition of in-service Content.
Committing other acts which may be judged to be inappropriate by Golfzon.
The Customer shall not commit any of the following acts, or similar acts, which may hinder the operation of this Service or disturb its operation, regardless of whether or not such acts are committed inside or outside of this Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following:
Attempting to use (in a manner that is not authorized), operate, or change the data in the System.
Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, (iv) using the Service wrongfully by using other technical measures not provided by Golfzon.
Replicating, transmitting, transferring, renting, translating, adapting, or altering this Service or combining this Service with other software.
Deleting or changing the copyright notices attached to this Service or other rights notices.
Frame or mirror any part of the Services without Golfzon’s written permission.
Using, creating, distributing, or selling external tools that have an impact on this Service.
Transmitting identical or similar messages to a large number of Customers or transmitting messages to any individual Customer multiple times (unless permitted by Golfzon).
Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor, or other economic benefit or transferring, sublicensing, or otherwise disposing of such rights (except in a manner which is permitted by Golfzon).
Committing acts that interfere with the System used as part of this Service.
Using the Account of another Customer.
Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise impersonating an affiliation with Golfzon, an affiliate company, or a related person.
Possessing multiple Accounts or sharing an Account between multiple people without the consent of Golfzon.
Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).
Altering, damaging, disassembling, decompiling, or reverse engineering this Service.
Making unreasonable inquiries or requests to Golfzon (e.g. unnecessarily repeating a question or similar questions).
Intentionally utilizing malfunctions or bugs of this Service.
Intentionally inducing malfunctions or bugs of this Service.
Using this Service for purposes not intended by Golfzon.
Committing any other equivalent or similar act that interferes with, hinders, or damages, or may interfere with, hinder, or damage the operation of this Service by Golfzon or the use of this Service by another Customer.
If Golfzon suspects that the Customer has committed, or may commit, a prohibited act, the Customer admits to committing a prohibited act, or Golfzon determines the Customer’s use of this Service is inappropriate, in its sole discretion, Golfzon shall reserve the right to take the following measures.
Requesting that the Customer stops the prohibited act and does not undertake any similar acts.
Revoking items or similar things acquired by the Customer and taking other punitive measures in this Service.
Stopping part or all of the Customer’s use of this Service.
Stopping or deleting the Customer’s Account.
Revoking the rights obtained through prohibited acts.
Disclosing inside and outside this Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case, or other case that may correspond to this.
Taking other equivalent measures determined by Golfzon to be necessary and appropriate.
Golfzon shall reserve the right not to provide services, including this Service, to a Customer whose Account has been deleted under the preceding paragraph 4. Golfzon may store personal information to the extent necessary to take such measures.
Article 11 Linking and Framing
Creating or maintaining any link from another website to any page on the Services without Golfzon’s prior written permission is prohibited. Running or displaying the Services or any material displayed on the Services in frames or through similar means on another website without Golfzon’s prior written permission is also prohibited. Any permitted links to the Services must comply will all applicable laws, rules and regulations.
Article 12 Limitations of the Services
The Services and any information and materials provided on or through the Service(s), including without limitation, Content, and any other data, text, pictures, graphics, audio, video, icons, software, and upgrades for use in games or on or through the Service(s) ARE PROVIDED “AS IS.” The Customer shall use this Service under the Customer’s own responsibility and judgment. Golfzon provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness, or availability of this Service, as further detailed in in this Article and Article 13. Moreover, Golfzon shall provide no guarantees in regards to the suitability of this Service for use by the Customer or on the Device used by the Customer (including recommended Devices and Devices indicated as having the recommended environment within this Service).
Golfzon provides no guarantee that it will be possible for the Customer to access or use this Service at the time or place of the Customer’s choosing or that this Service shall be without interruption or error.
Golfzon provides no guarantees in regards to the legality, integrity, safety, accuracy, or compliance with public morals of any third party website that can be accessed through a link from this Service.
If the Customer replaces the device first used to access the Service(s) due to a repair or model change, Golfzon shall provide no guarantee that it will be possible to transfer information registered prior to the replacement of the Device to the new Device unless otherwise stipulated by Golfzon.
Golfzon provides no guarantees in regards to products and services other than this Service provided by a third party that is provided in relation to the use of this Service.
Article 13 Disclaimers of Warranties & Limitation of Liability
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GOLFZON’S SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOLFZON AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. GOLFZON AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE, OR STATEMENT OF GOLFZON OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY.
GOLFZON SHALL NOT, UNDER ANY CIRCUMSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.
GOLFZON SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF ANY MOBILE DEVICES AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, GOLFZON SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.
GOLFZON SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE CUSTOMER PERSONALLY LOSING OR FORGETTING REGISTERED INFORMATION. IN ADDITION, GOLFZON SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES ANY REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE, OR ANY OTHER REASON IN REGARDS TO THE MOBILE DEVICE USED IN THIS SERVICE. GOLFZON SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. GOLFZON MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK, AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS, OR FINANCIAL COMPENSATION TO THE CUSTOMER.
GOLFZON SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.
GOLFZON AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS; OR DAMAGES FOR WRONGFUL DEATH/PERSONAL INJURY) RESULTING FROM A CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOLFZON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Golfzon IS TO DISCONTINUE YOUR USE OF THE SERVICES.
NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND GOLFZON CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Article 14 Termination
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Golfzon may revoke the Customer’s license and terminate the Customer’s access to and use of the Service(s) and the Account for any violation of this Agreement and may delete the Customer’s Account, and any information associated therewith. If Golfzon revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Golfzon will not have any liability to the Customer for any time spent by the Customer. If the Customer terminates this Service, all outstanding financial obligations owed by the Customer to Golfzon shall be fulfilled immediately by the Customer. If the Customer dies, the Account will be terminated.
Golfzon shall bear no obligation to retain any information (e.g. personal information) of a Customer or Account if the Customer’s Account has been terminated.
Article 15 Indemnity
The Customer agrees to reimburse Golfzon for all damages resulting from the violation of this Agreement. The Customer releases Golfzon from any third party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from the Customer’s violation of (i) this Agreement; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.
Article 16 Prohibition on the Transfer of Rights and Obligations
You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Golfzon, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.
Article 17 Validity of This Agreement
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If any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Golfzon’s intent as closely as possible.
This Agreement and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and (except in the case of fraud or a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Golfzon does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Golfzon has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Golfzon’s rights, and all such rights or remedies shall still be available to Golfzon. Any waiver must be in writing and signed by both parties to be legally binding.
Article 18 Force Majeure
Golfzon is not liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.
Article 19 Governing Law and Jurisdiction
Before bringing a formal legal case, the Customer should contact Golfzon’s Customer Support team. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Republic of Korea. The Customer agrees that any claim or dispute the Customer may have against Golfzon must be resolved exclusively by the Seoul Central District Court. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides shall remain unaffected by this choice of law.
Article 20 Third party rights
This Agreement is between the Customer and Golfzon. No other person shall have any rights to enforce any of its terms.
Article 21 No Waiver
If Golfzon does not insist immediately that the Customer does anything required under this Agreement, or if Golfzon delays in taking steps against the Customer in respect of breaking this contract, that will not mean that the Customer does not have to do those things and it will not prevent Golfzon from taking steps against the Customer at a later date.
Article 22 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Customer and Golfzon by this Agreement.
Article 23 Consumer’s Right
For residents of California in the United States, the following shall apply:
Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For residents of EU and the United Kingdom, the following shall apply:
1.Right to Withdrawal and Instructions for the Right to Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day you enter the contract.
To exercise the right to withdrawal, you must inform us of your decision to withdraw from this contract with a clear statement (e.g. a letter sent by mail, fax or email). You may use the Model Withdrawal Form below, but it is not obligatory. If you use the Model Withdrawal Form below, we will confirm the receipt of your withdrawal without undue delay on a durable medium.
To meet the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.
2.Effects of Withdrawal
If you withdraw from this contract, we will reimburse you of all payments we have received from you.
We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
3.Early Expiration of the Right to Withdrawal
The right to withdrawal expires if we have commenced the performance of the contract for the supply of digital content on an intangible medium after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw from the contract upon the commencement of the performance of the contract for the supply of digital content.
4.Model Withdrawal Form
If you want to withdraw from the contract, please complete and return this form.
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To [Name/Address], fax number: [..], email address: [..]
I hereby give notice that I withdraw from my contract for the supply of the following digital content:
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Ordered on:
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only if this form is notified on paper):
Date: