BOOKING TERMS AND CONDITIONS
When you make a booking with us, whether online, in-venue, or over the phone, you agree to our terms of play and the below terms and conditions:
You may cancel or change your mini golf booking 12 hours or more before your tee time. If you cancel your booking with at least 12 hours' notice you will receive a full refund. If you cancel your booking with fewer than 12 hours until your tee time, you will unfortunately receive no refund and be charged for the cost of your reservation.
If you, or anyone in your party/group, have any symptoms or have had symptoms of COVID-19 (see, the CDC Website) we ask that you do not visit our venue. Persons showing symptoms of COVID-19 will be refused entry on arrival. If you wish to amend or cancel your booking due to COVID-19 concerns, we would be happy to welcome you back another time. Puttshack reserves the absolute right to require all patrons to wear an appropriate mask covering patrons’ noses and mouths while on Puttshack’s premises, and to refuse entry to or eject any person who fails to comply with any safety protocol requirements communicated by Puttshack’s associates.
We ask that you ensure that you and your group are ready to play at the start of your booking tee time. If your group is not ready to play within ten (10) minutes of your tee time, your reservation will either be canceled or pushed back to the next available tee time for a group of your size.
You agree to receive communications related to your booking at any of the phone numbers provided during the booking or registration process by you, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automated systems. Communications from Puttshack may include but are not limited to: operational communications concerning your booking and Player Profile verification.
YOU CAN CANCEL THE SMS SERVICE AT ANY TIME. JUST TEXT "STOP" TO THE SHORT CODE. AFTER YOU SEND THE SMS MESSAGE "STOP" TO US, WE WILL SEND YOU AN SMS MESSAGE TO CONFIRM THAT YOU HAVE BEEN UNSUBSCRIBED. AFTER SMS CANCELATION, YOU WILL NO LONGER RECEIVE SMS MESSAGES FROM US. IF YOU WANT TO JOIN AGAIN, JUST SIGN UP AS YOU DID THE FIRST TIME AND WE WILL START SENDING SMS MESSAGES TO YOU AGAIN.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com or 1-855-256-7888.
We require full payment for all golf bookings prior to booking completion. By completing a booking either online, on the app, or over the phone, you consent to being charged for the entire cost of your golf booking. Puttshack uses a third-party payment processor for credit, debit, and other electronic payments. All such payments are subject to our payment processor’s terms of service, which can be found here.
Guest under the age of 21 are welcome up to 8:00 pm. The last tee time available to under 21's is 7:00 pm. We reserve the right to require certain under-age visitors to be accompanied by an adult or provide the consent of an adult before the minor is permitted to use the Services.
As a condition of playing mini golf, all players must be aware of and consent to filming. Photography and video footage that we may take or have taken may be used for PR purposes and/or marketing materials and you consent to our use thereof without compensation to you.
All bookings are subject to our Terms of Play, which can be found here.
All bookings are subject to our payment processors terms and conditions, which can be found here.
EFFECTIVE ____________, 2022
INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the Website controlled by Puttshack USA Inc. or its affiliated entities (sometimes referred to as Puttshack, “Puttshack.com”, “us”, “we”, or “our”) where these Terms are posted (“Website”), whether accessed via personal computers, mobile devices or otherwise (collectively, (“Access Device”)).
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS. DO NOT USE THE WEBSITE OR PARTICIPATE IN OUR PROMOTIONAL EVENTS OR PURCHASE SERVICES AVAILABLE VIA THE WEBSITE IF YOU DO NOT AGREE. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS.
2. INTELLECTUAL PROPERTY
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Website are the registered and/or unregistered Trademarks of Puttshack, or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Puttshack or such other third party that may own the displayed Trademarks.
Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites without Puttshack’s consent. Access to and uses of this Website are solely for your purchase of Puttshack services and communication with Puttshack. All rights not expressly granted to you by these Terms are reserved.
3. WEBSITE ACCESS, CONTENT AND PROHIBITED USES
Access to and uses of this Website are solely for your purchase of Puttshack services and communication with Puttshack. You may not circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Website, except as permitted by these Terms.
You may not rely on any information and opinions expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
You are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Website in our sole discretion for any or no reason without notice and without liability.
4. CONDITIONS FOR THIRD-PARTY LINKING TO WEBSITE
In limited circumstances, we may permit third-party links to the Website home page from any website that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Website, the posting of those links or associated content does not constitute Puttshack’s endorsement of such materials that are accessible via such links. Similarly, although third-party products and services may be sold or purchased via links on this Website, the sale and purchase of those products and services does not constitute Puttshack’s endorsement of the same. Puttshack is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Website may be located in different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party's terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
5. USER REGISTRATION
In order to access or use some (or potentially all) of the features of the Website, you may have to become, and remain opted-in as a registered user. If you are under the age of majority in the jurisdiction where you register for Service, then you are not permitted to register as a user or otherwise submit personal information to Puttshack without the consent of a supervising adult.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your reservation information, username or password, if applicable, with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Website at firstname.lastname@example.org; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your reservation or Player Account, username and password, whether or not you have authorized the activity.
6. USER CONTENT AND PERSONAL INFORMATION
You grant to Puttshack a royalty-free license and right to verify correctness of registration and services eligibility requirements, print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, personal information such as name, address, picture, video, voice, likeness and/or biographical information for compliance and promotional purposes without additional compensation and without additional consent.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to:
Puttshack USA Inc.
303 W. Erie St.
Chicago, IL 60654
You agree to receive communications related to your booking at any of the phone numbers provided during the booking or registration process by you, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automated systems. Communications from Puttshack may include but are not limited to: operational communications concerning your booking, Player Account authentication.
Message and data rates apply. Carriers are not liable for delayed or undelivered messages or any messages sent to you from us and to us from you. You will receive messages from Puttshack only for booking confirmation purposes. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
YOU CAN CANCEL THE SMS SERVICE AT ANY TIME. JUST TEXT "STOP" TO THE SHORT CODE. AFTER YOU SEND THE SMS MESSAGE "STOP" TO US, WE WILL SEND YOU AN SMS MESSAGE TO CONFIRM THAT YOU HAVE BEEN UNSUBSCRIBED. AFTER CANCELATION, YOU WILL NO LONGER RECEIVE SMS MESSAGES FROM US. IF YOU WANT TO JOIN AGAIN, JUST SIGN UP AS YOU DID THE FIRST TIME AND WE WILL START SENDING SMS MESSAGES TO YOU AGAIN.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com or 1-855-256-7888.
YOU AGREE TO INDEMNIFY AND HOLD PUTTSHACK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS. You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations under these Terms.
9. COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
THE WEBSITE AND CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS” AND “WITH ALL FAULTS.” PUTTSHACK MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR CONTENT, OR PERFORMANCE OF THIS WEBSITE, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE OR OUR MOBILE DEVICE APPLICATION. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEBSITE, AND PUTTSHACK MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO PUTTSHACK EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; PUTTSHACK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE: (1) THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE; AND (3) THAT PUTTSHACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PUTTSHACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PUTTSHACK, ITS AFFILIATES’, AGENTS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEBSITE EXCEED TEN ($10) DOLLARS.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PUTTSHACK, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Website for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable Additional Terms. You agree that Puttshack shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Website.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to firstname.lastname@example.org.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Access Device.
12. COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is David A. Wheeler, Neal Gerber & Eisenberg, LLP. The agent can be reached at (312) 269-5328, email@example.com, or via U.S. Mail at Suite, 1700, 2 North LaSalle Street, Chicago IL, 60602-3801.
To be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
Puttshack will remove or disable access to the content that is alleged to be infringing;
Puttshack will forward the written notification to the alleged infringer; and
Puttshack will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Puttshack, the alleged infringer will have the opportunity to respond to Puttshack with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Puttshack’s designated copyright agent, and must include the following:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Puttshack may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
13. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. Any legal proceedings against Puttshack that may arise out of, relate to, or be in any way connected with our Website, these Terms or applicable Additional Terms, shall be brought exclusively in the state and federal courts located in Illinois and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. MODIFICATION, AMENDMENT AND ADDITIONAL TERMS
We reserve the right to modify, change, or add terms, or features of the services or Website at any time, and at our sole discretion.
Events Beyond Our Control.
You expressly release Puttshack from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.
By registering via this Website or by sending emails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by email, text message, or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement and Conflicting Terms.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone. No provision of these Terms is intended to create, or creates, any rights in or benefits to any third party.