PUTTSHACK TERMS OF PLAY
TERMS OF PLAY
What these terms cover. These terms (the “Terms”) govern your use of the services offered by Puttshack USA Inc. (“Puttshack”, “we”, “us”, “our”) to users (“you”, “your”, “users”) at any of our venues, via our website and/or when using a kiosk at one of our venues (a “Console”) and any associated applications or programs which Puttshack may release from time to time (the “Service”).
Why you need to read these Terms. You must read these Terms carefully and make sure that you understand them before registering as a Puttshack Perks Member (defined below) with us. You agree that by clicking “Accept” on our Consoles, or registering for a Puttshack Perks Account, you are entering into a legally binding agreement with us. If you do not understand or do not accept any part of these Terms, then you must not accept them and should speak to a member of our staff, who will clarify anything that you do not understand.
Your Puttshack Perks Account. By clicking “Accept” at the end of these Terms, you will create an electronic user account (a “Puttshack Perks Account”) with us that will remain after your first visit to our venue as a Puttshack Perks Member has ended and which will be used by you each time you visit one of our venues as a Puttshack Perks Member (each visit a “Session”). For more information on how the data that you may store within that account may be used, please see the ‘Your Account’ and ‘Data Protection’ sections below, as well as our Privacy Policy found HERE.
For the avoidance of doubt, by creating a Puttshack Perks Account with us and registering as a Puttshack Perks Member, you are agreeing to these Terms.
A user may be either a registered user of our Services (a “Puttshack Perks Member”), or an unregistered user who accesses our venue who either uses or does not use our Services (a “Visitor”).
1.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Puttshack USA Inc. You can contact us at:
Puttshack
303 W. Erie St.
Chicago,
IL 60654
Email: help@puttshack.com
2.
SAFE USE OF GOLF EQUIPMENT
Our premises feature several golf games and courses. To ensure that you and other players are kept safe you must not at any point conduct yourself in a way that could endanger the health or safety of any of our guests, including by raising the head of any putter given to you above knee height or using your putter to touch any other player. This rule is closely monitored by our security personnel and course staff. We have a zero-tolerance policy on the improper use of putters and any individual seen breaking this rule or encouraging any other individual to do so will be asked to leave our venue immediately.
3.
OUTSIDE FOOD AND BEVERAGE
Puttshack is committed to maintaining a clean, safe, and healthy environment for its guests. One of the ways we do this is by strictly enforcing our policies regarding bringing outside food and beverages into the venue. Outside food and drink are not permitted in any of our venues. We do not allow thermoses, coolers, cups, or any other containers that create a risk of spillage.
4.
YOUR ACCOUNT
You must be 18 years of age or older to create a Puttshack Perks Account. You are responsible for the content of your Puttshack Perks Account, including making sure that the details that you enter are correct and that you keep those details up to date if they change.
If you are under 18 years of age, you must have a parent or legal guardian create your account. Your parent or legal guardian will then be responsible for you and your Puttshack Perks Account.
If you are over the age of 18 when creating a Puttshack Perks Account, you consent to being bound by these Terms. If you are under the age of 18, consent to being bound by these Terms must be given or authorized by a person holding parental or guardianship responsibility over you before you will be able to create a Puttshack Perks Account.
If you think your account is being, or has been, used by anyone else, please contact us immediately at help@puttshack.com. If we believe your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
You must provide true and accurate information when registering your Puttshack Perks Account and you must not use your Puttshack Perks Account to impersonate any person (real or fictional) nor use any name you are not legally authorized to use.
5.
THINGS YOU SHOULD KNOW ABOUT OUR VENUE(S)
Admission. We reserve the right to refuse admission to any of our venues to any Visitor and/or Puttshack Perks Member for any reason and at any time. Decisions to refuse admission are at the sole discretion of the venue manager or security personnel. You further agree that you may be excluded from any of our venues if you, or anyone in your party:
1.
is observed to be abusive or threatening to any other individual;
2.
intoxicated or under the influence of illegal drugs;
3.
is displaying or vocalizing signals, signs, phrases or symbols which are considered to be offensive;
4.
fails to meet any standard of dress or attire that may be set at that venue; or
5.
is in breach of these Terms.
Alcohol. In addition to the above, we reserve the right to refuse the service of alcohol at the venues to any individual for any reason. This at the sole discretion of the venue manager, bar staff or security personnel.
Refunds. No refunds will be made available to any Visitors and/or Puttshack Perks Members who are not permitted to enter the venue or who are asked to leave the venue after entering.
No Animals. Animals are not permitted in the venue at any time save for those registered as service animals. We reserve the right to request evidence of registration as a service animal and to limit service animals permitted to dogs.
Indemnity. You will indemnify us for any damage to the venue, or its contents, including but not limited to golf courses, challenge holes or golf equipment caused by you, or by anyone under the age of 18 under your supervision, , as well as any injury you or anyone under your supervision causes to any other Puttshack Perks Member, Visitor, Puttshack associate (employee), or third party, during your time at the venue, and you agree to indemnify us against any and all costs (including attorney fees) or losses suffered relating to or resulting from the same.
6.
OUR RESPONSIBILITY FOR YOUR SAFETY AND FOR LOSS OR DAMAGE SUFFERED BY YOU
You are responsible for any items you bring to our venue. Puttshack cannot and does not accept responsibility for any loss or damage which may occur in respect of any items which are left unattended at our venue, or for any loss or damage which may occur to any items left in our cloakroom facilities.
Assumption of Risk. All Puttshack Perks Members and/or Visitors agree to play games at our venue entirely at their own risk. Puttshack Perks Members and/or Visitors recognize that there are hazards and obstacles on and around golf courses such as: raised steps, high edges, slides, slippery and/or uneven surfaces, loud music, and flashing lighting. YOU ENTER OUR PREMISES, AND IN PARTICULAR OUR GOLF COURSES, ENTIRELY AT YOUR OWN RISK AND ACCEPT THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR SAFETY WHILE YOU ARE ON OUR PREMISES.
Safety. Puttshack PerksMembers and/or Visitors will always take care, tread carefully and conform to all safety rules and notices in force at our venue. Players undertake that they will adhere to any directions given to them by course staff and security personnel.
7.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Any dispute, claim, or controversy between you and Puttshack (including our agents, employees, officers, directors, principals, successors, assigns, parents, subsidiaries, or affiliates) arising from or relating to your relationship with Puttshack, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including disputes about the validity, scope, or enforceability of this arbitration provision, will be settled by confidential binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advance written notice of its intent to file for arbitration.
Either you or we may start arbitration proceedings. Any arbitration between you and Puttshack will be subject to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration provision. You and Puttshack agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org. Any arbitration proceeding shall be conducted, if in person, in Cook County, Illinois.
8.
9.
10.
SHORT CODE MOBILE TERMS OF SERVICE
The Puttshack short code mobile message service (the “Service”) offered through Puttshack (“Puttshack ”, “we”, or “us”) is provided by third-party Puttshack. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. These Mobile Terms may also be revised by changes to the Puttshack platform.
By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of Puttshack through your wireless provider to the mobile number you provided. If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Puttshack . Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to the Puttshack Short Code or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Puttshack mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Puttshack Short Code. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
