Terms of play

1.1. What these terms cover. These terms (the “Terms”) govern your use of the services offered by Puttshack Ltd (“Puttshack”, “we”, “us”, “our”) to users (“you”, “your”, “users”) at any of our venues, via our website and/or when using a console at one of our venues (a “Console”) and any associated applications or programs which Puttshack may release from time to time (the “Service”).

1.2. Why you should read them. You must read these Terms carefully and make sure that you understand them before registering as a Member with us. You agree that by clicking “Accept” on our kiosks, and/or registering a Player Account, that 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 staff to ask them to clarify anything that you do not understand.

1.3. Your Player Account. By clicking “Accept” at the foot of these Terms you will be generating an electronic user account (a “Player Account”) with us that will endure after your first visit to our premises as a Member has ended and which will be used by you each time you visit our premises as a 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.

1.4. For the avoidance of doubt, by creating a Player Account with us and registering as a Member, you are agreeing to these Terms.

1.5. A user may be either a registered user of our Services (a “Member”), or an unregistered user who accesses our premises without using our Services (a “Visitor”). If you visit us as a Visitor then you will not be permitted to use many aspects of the facilities and will not be permitted to enter areas of the premises on which golf games are played.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Puttshack Ltd, a company registered in England and Wales. Our company registration number is 09875975 and our registered office address is 7 Savoy Court, London, United Kingdom, WC2R 0EX. Our registered VAT number is 282480884.

2.2. How to contact us. You can contact us by post (Puttshack Ltd, c/o Puttshack Ltd, 27-32 Old Jewry, 2nd Floor, London, EC2R 8DQ; e-mail (info@puttshack.com) or telephone (020 3912 9400).

2.3. “Writing” includes e-mails. When we use the words “writing” or “written” in these terms, this includes emails.

3. SAFE USE OF GOLF EQUIPMENT

3.1. Our premises feature a number of golf games and courses. In order to ensure that you and other players are kept safe you must not at any point raise the head of any golf club given to you above knee height or use your golf club 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 use of clubs and any individual seen breaking this rule, or encouraging any other individual to do so, will be asked to leave our premises immediately.

4. YOUR ACCOUNT

4.1. You need to be 7 or over to create a Player Account. You are responsible for the content of your Player Account, including making sure that the details that you enter are correct and that you keep those details up to date if they change. You should also ensure that you choose a unique, hard to guess password and ensure that it is kept secure and personal to you. You must not share access to your Personal Account with any other person and should be aware that you are personally responsible for all activity that takes place on that Player Account.

4.2. If you are over the age of 13 when creating a Player Account you consent to

being bound by these Terms. If you are under the age of 13 consent to being bound by these Terms must be given or authorised by the person holding parental responsibility over you before you will be able to create a Player Account.

4.3. If you think your account is being, or has been, used by anyone else, please contact us immediately at info@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.

4.4. You must provide true and accurate information when registering your Player Account and you must not use your Player Account to impersonate any person (real or fictional) nor use any name you are not legally authorised to use.

5. THINGS YOU SHOULD KNOW ABOUT OUR VENUE(S)

5.1. We reserve the right to refuse admission to any of our venues to any Visitor and/or Member for any reason and at any time. Decisions to refuse admission are at the sole discretion of the venue manager and security personnel. Without limitation, you agree that you may be excluded from any of our venues if you, or anyone in your party:

5.1.1. is abusive of threatening to any other individual;

5.1.2. is intoxicated or under the influence of drugs;

5.1.3. is displaying or vocalising signals, signs, phrases or symbols which are considered to be offensive;

5.1.4. is suffering from any health condition which makes their entry into the venue unsafe;

5.1.5. fails to meet any standard of dress or attire that may be set at that venue; or

5.1.6. is in breach of these Terms in any way.

5.2. No refunds will be made available to any Visitors and/or Members who are not permitted to enter the venue or who are asked to leave the venue after entering.

5.3. Further 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 and security personnel.

5.4. Animals are not permitted in the venue at any time save for where these are registered service animals.

5.5. You will indemnify us for any damage caused by you, or by anyone under the age of 13 under your supervision, to the venue, golf courses or golf equipment during your time at the venue and agree to indemnify us against any and all costs or losses suffered relating to the same.

6. OUR RESPONSIBILITY FOR YOUR SAFETY, AND FOR LOSS OR DAMAGE SUFFERED BY YOU

6.1. Puttshack cannot and does not accept responsibility for any loss or damage which may occur in respect of any items which are left unattended on our premises, nor for any loss or damage which may occur to any items left in our cloakroom facilities.

6.2. All Members and/or Visitors agree to play games at our premises entirely at their own risk. In particular Members and/or Visitors recognise 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.

6.3. Members and/or Visitors will at all times take care, tread carefully and conform to all safety rules and notices in force at our premises. Players undertake that they will adhere to any directions given to them by course staff and security personnel.

6.4. Members and/or Visitors will at all times indemnify Puttshack Ltd and its servants and agents and hereby absolves them from all liability in respect of illness, personal injury, death or accident or damage to persons or property howsoever this may arise or be caused.

7. DATA PROTECTION

7.1. We are committed to protecting the privacy and security of your personal information. These Terms describe how we collect and use personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (“GDPR”).

7.2. In particular, this section of these Terms concern your Player Account and how we will use data that you upload to it.

7.3. Puttshack is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you.

7.4. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

7.5. We will collect, store, and use the following categories of personal information about you;

7.5.1. Personal contact details that you give to use when you book a session at one of our premises and/or when you create Player Account, such as your name, title, addresses, telephone numbers, gender, age, booking history, purchase history and personal email addresses.

7.5.2. CCTV footage of you that we may capture when you visit our premises.

7.5.3. Camera footage of you we may capture from your time on the golf course.

7.6. We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

7.6.1. where we need to perform the contract we have entered into with you (these Terms) or are about to enter into with you;

7.6.2. where we need to comply with a legal obligation;

7.6.3. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

7.6.4. to create and send video highlights from your time on the course; and

7.6.5. where you tell us that we can, to send you e-mail marketing messages about Puttshack and/or about other venues that we operate and think may be of interest to you.

7.7. In particular we will hold your personal data after you have completed your first Session at one of our venues. It will be used as part of your Player Profile, which will allow you to track your scores at our premises over several visits. You will also be able to access and visit your Player Profile online between visits. In the event that you ever wish to delete your profile, you may do so by using the functionality provided online – but this will result in the permanent deletion of your player profile and any historic results that you may have recorded.

7.8. We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible.