Terms of Use

Introduction

Welcome to tracergolf.ca. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. The use of our website and mobile app (“Site”) is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our Site. Please review the Terms carefully. The Terms apply to all users of our Site, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this Site, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our Site’s services or place an order on our Site.

Use of our Site

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our Site to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including terminating, changing, suspending or discontinuing any aspect of the Site at any time, without notice. We may impose additional rules or limits on the use of our Site. You agree to review the Terms regularly and your continued access or use of our Site will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Site or for any service, content, feature or product offered through our Site.

Products or Services

All purchases through our Site are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Site or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Site are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our Site. We have made efforts to ensure that the colour and design of our products are displayed as accurately as possible on our Site.

Booking

In order to reserve a Golf Training session, you must book through our Website or Mobile App. You may be taken to a third party reservation engine. We are not responsible for the Privacy Policy of these third party websites. Details of the Privacy Policy of the reservation engine can be accessed here.

Golf Training Session booking policies

Bookings may be made up to 3 days in advance

Users may invite guests in order to share a reservation. Due to limited space, we ask our users to exercise good judgment. Users and guests are limited to the Bay that has been reserved. User is responsible for all actions of their guests, including, but not limited to, any damage to Tracer Golf facilities and property. User must always be present inside the location when the guest is present. User must be 19 years or older.

Golf Training Session cancellation policy

Reservations may be cancelled online, without charge, up until 24 hours prior to the start of the reservation. Once the cancellation period has completed, the reservation is complete and no modifications or cancellations are allowed.

This cancellation policy provides our users with flexibility. Abuse of this policy may result in the cancellation of your account completely.

Credit Card

All reservations require a valid credit card

Your card will be charged once the cancellation period has elapsed

No credit card information is stored with us.

Waiver of Liability

All reservations and access to the facilities require acceptance of the Waiver of Liability. You agree to ensure that all guests also accept the Waiver of Liability.

Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

User Comments, Feedback and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our Site or services available in connection with our Site. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Site’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our Site and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Errors and Omissions

Please note that our Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Site, except as required by law.

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our Site, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Site, including without limitation, all content and materials, and functions and services provided on our Site, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Site or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our Site is at your sole risk and you assume full responsibility for any costs associated with your use of our Site. We will not be liable for any damages of any kind related to the use of our Site.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our Site, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Site, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our Site will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Site must be brought before the courts of the Province of Ontario in the City of Toronto, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Questions or Concerns

Please send all questions, comments and feedback to us at info@tracergolf.ca