Terms of use

PLEASE READ THESE TERMS OF USE BEFORE USING OR ACCESSING THIS SITE.

I. General

These terms of use (“Terms”) are made between Lightspeed Commerce Inc. and its affiliates (collectively, “Lightspeed” and “we”) and you, the user of the Services (as defined hereunder). To find out which Lightspeed entity you are dealing with, please see the table Governing Law and Contracting Entity below. These Terms set forth the terms and conditions applicable to your access and use of the Chronogolf website (www.chronogolf.com), mobile application and any related content, features, and services made available by Lightspeed (collectively, the “Services”). By accessing and using any of the Services, you agree to be bound by these Terms.

Lightspeed reserves the right to modify these Terms at any time, and such modifications shall be effective immediately upon Lightspeed’s publication of the modified Terms on its website. Any access or use of Services by you following the publication of the modified Terms will be deemed an acceptance by you of the modified Terms.

In the event that you do not agree with the Terms or any modified Terms, in whole or in part, you must immediately stop accessing and using the Services, in which case you will no longer have access to your Account (as defined hereunder).

II. Privacy

Users of the Services should refer to Lightspeed Statement for Consumers and Lightspeed Privacy Policy for information about how Lightspeed collects, uses and discloses their personal information (collectively, the “Privacy Policies”). To provide the Services, Lightspeed may transfer your personal information outside the country where you are located, including outside of Canada, for processing and storage. By using the Services, you agree to these Terms and provide your consent for your personal information to be stored and processed outside of Canada or the country where you are located and agree that your personal information will be handled in accordance with the Privacy Policies.

III. Account

In order to access and use certain features of the Services, including the Reservation Services and the Payment Services (as defined hereunder), you may be required to register and create an account (the “Account”). To register and create your Account, you will need to use a specific user ID, email address, and other login information, such as a password (the “Log-in Credentials”). You must keep your Log-in Credentials confidential and not disclose the Log-in Credential to any person or otherwise allow any person to access the Account with your Log-in Credentials. You are responsible to ensure the security of your Log-in Credentials. You agree to immediately notify Lightspeed upon becoming aware of any unauthorized and suspected unauthorized use of your Log-in Credentials.

By registering for an Account, you agree that: (a) any information provided by you in the Account or related to the Account is true, accurate, current and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current and complete.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in Lightspeed’s sole discretion, and Lightspeed may refer you to appropriate law enforcement agencies. You may terminate your Account at any time by sending an email to [email protected] or by filing out this form if you are using the mobile app. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your Account will be terminated within thirty (30) business days. You are responsible for all charges incurred up to the time the Account is terminated.

IV. Restrictions

The Services are provided to you for your personal and non-commercial use. Any other uses are prohibited.

You agree not to (and not to allow any third party to):

  1. circumvent any technical limitations set in the Services in order to enable any prohibited or disabled functionality;
  2. gain or attempt to gain access to unauthorized material and/or information of the Services other than those to which you are expressly permitted to access;
  3. decompile, disassemble, reverse engineer or attempt to decompile, disassemble, or reverse engineer the Services;
  4. perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect other users’ use or access of the Services;
  5. distribute viruses or other harmful or malicious computer code via or into the Services;
  6. rent, lease, copy, provide access to or sublicense any portion of the Services to a third-party;
  7. use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third-party;
  8. modify any Services or create any derivative product from any of the foregoing;
  9. remove or obscure any proprietary or other notices contained in the Services;
  10. access or use, or attempt to access or use, the Services in an unlawful, deceptive, exploitative, or fraudulent manner, or for any such purpose, including phishing, spoofing, stealing, impersonating others, or engaging in misleading or unethical marketing or advertising;
  11. use the Service, upload, post, submit, or otherwise distribute any document, information, data, photo, image, video, or any other material in the Services that (a) infringe or misappropriate any third-party’s patent, trademark, trade secret, copyright, or other intellectual property rights, (b) violates any applicable laws, or (c) is false, misleading, abusive, offensive, defamatory, inaccurate, hateful, harassing, obscene, threatening, or is otherwise objectionable as determined by us in our sole discretion.

V. Reservation and Payment Services

As part of the Services, Lightspeed provides a tee time reservation services (the “Reservation Services”) for the purpose of assisting you in booking a tee time reservation (a “Tee Time Reservation”) at third-party golf courses (each, a “Golf Course”), as well as the option for you to pay for your Tee Time Reservation within the Reservation Services (the “Payment Services”). A Tee Time Reservation is not confirmed until you receive a confirmation notification from us by email and/or message. Lightspeed may charge you with a non-refundable fee for your use of the Reservation Services. By using the Reservation Services, you agree to pay such a fee and that it is non-refundable, including in the event of a cancellation of the Tee time Reservation.

By making a Tee Time Reservation, you agree to comply with the applicable policies of the third-party golf course, including cancellation and reservation policy. In the event that you cannot keep your Tee Time Reservation, you must cancel your Tee Time Reservation by directly contacting the third-party golf course, or through the Reservation Services, except if online cancellation is not available for your Tee Time Reservation, in which case you must cancel your Tee Time Reservation by directly contacting the third-party golf course.

At your arrival at the third-party golf course, it is your responsibility to notify the third-party golf course that you have a Tee Time Reservation. You are solely liable and responsible to the Golf Course, at all times, including following closing or termination of your Account, for paying such Golf Course for any fees related to any of your Tee Time Reservations.

You agree that all transactions made by you in the Payment Services cannot be exchanged and are non-refundable. You will be responsible for paying all applicable taxes in connection with Tee Time Reservation.

VI. Eligibility

The Services are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

VII. Third-Party Content and Link to Third-Party Websites

The Services contain links to external contents, including websites, advertisements, and media provided, maintained, or controlled by third parties (the “Third-Party Content”). Lightspeed does not control, endorse, sponsor, recommend, or otherwise accept any responsibility for any of the Third-Party Content. You agree that your access and use of the Third-Party Content shall be governed solely by the terms and conditions of the third-party providing the Third-Party Content, and that Lightspeed is not responsible or liable for, and makes no representations or warranties as to any aspect of such Third-Party Content, including, without limitation, their content, nature, reliability or any interaction between you and the third-party of such Third-Party Content. You irrevocably waive any claim against Lightspeed with respect to any and all Third-Party Content. Lightspeed is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, purchase, reliance, access, or use of any Third-Party Content.

VIII. Intellectual Property Rights

All content and material made available in the Services, including but not limited to texts, images, videos, and other graphics materials, names, logos, trademarks and services marks, features and information (collectively, the “Lightspeed Content”) are protected by copyright, trademark, patent, and other intellectual property laws. The Lightspeed Content is provided to you by Lightspeed or its partners or licensors solely to support your permitted access and use of the Services as set forth in these Terms. The Lightspeed Content may be modified from time to time by Lightspeed in its sole discretion. Lightspeed and its partners or licensors retain all rights in the Services, the Lightspeed Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights (collectively, the “Lightspeed IPR”). Except as expressly provided herein, no license, right, or interest in the Lightspeed IPR is granted under these Terms.

IX. Indemnification

You agree to indemnify Lightspeed and its officers, directors, partners, contractors, employees, agents, representatives and agents, for any and all claims, damages, losses, expenses and costs, including without limitation, reasonable attorneys’ fees, arising out of or related to (i) your use of the Services, (ii) your breach or alleged breach of the Terms, and (iii) your breach of any applicable laws and regulations.

X. Disclaimer of Warranties

YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE SERVICES, THE LIGHTSPEED CONTENT AND ANY OTHER INFORMATION, PRODUCTS AND MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICES (COLLECTIVELY, THE “LIGHTSPEED SERVICES”) ARE AT YOUR OWN RISK AND THE LIGHTSPEED SERVICES IS PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTY ON THE ACCURACY, COMPLETENESS OR PRESERVATION AGAINST ANY LOSS OF THE INFORMATION AND MATERIAL PROVIDED IN THE SERVICES. LIGHTSPEED EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED IN THE LIGHTSPEED SERVICES, INCLUDING, WITHOUT LIMITATION, (I) ANY WARRANTIES THAT THE LIGHTSPEED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (II) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, (III) ANY WARRANTIES THAT THE LIGHTSPEED SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (IV) ANY WARRANTIES THAT THE DEFECTS OR ERRORS IN THE LIGHTSPEED SERVICES WILL BE CORRECTED. LIGHTSPEED SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF LIGHTSPEED. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

XI. Limitation of Liability

XI.1

TO FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, IN NO EVENT SHALL LIGHTSPEED OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS, LOSSES, AND DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE RELATED WITH: (I) THE TERMS (INCLUDING ANY AMENDMENTS, CHANGES, OR MODIFICATIONS THERETO), (II) THE SERVICES, (III) ANY FAILURE OR DELAY (INCLUDING , BUT NOT LIMITED, TO THE USE OR INABILITY TO USE THE SERVICES); AND (IV) YOUR VISIT TO A GOLF COURSE AS WELL AS THE ACTS OR OMISSIONS, PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY GOLF COURSE. LIGHTSPEED IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY GOLF COURSE FOR WHICH YOU HAVE MADE A TEE TIMES RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES.

XI.2

IF THE DISCLAIMER OF DAMAGES IN SECTION 11.1 IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT LIGHTSPEED’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIGHTSPEED FOR ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED BY LIGHTSPEED THROUGH YOUR USE OF THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE CLAIM.

XI.3

IN NO EVENT WILL LIGHTSPEED BE LIABLE TO YOU UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES.

XII. General

These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction indicated in the table below., without regard to its conflicts of law principles. Any action, suit or proceeding related to any dispute, claim or controversy or otherwise arising out of or relating to: (i) these Terms; (ii) the Lightspeed Services; (iii) oral or written statements, or advertisements or promotions relating to these Terms or to the Lightspeed Services; or (iv) the relationships that result from this Agreement (collectively the “Claim”) shall be brought in the applicable courts indicated in the tabIe below. You agree to waive any right you may have to commence or participate in any class action or representative proceeding against Lightspeed related to any Claim and, where applicable, you also agrees to opt out of any class or representative proceedings against Lightspeed. If one or more of the provisions of the Terms are held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of the Terms shall be unaffected. Lightspeed may provide any and all notices, statements and other communications to you through either email, posting on its website, an in-product message, or by mail or express delivery service. These Terms, along with the Privacy Policy, constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the Parties with respect thereto. You may address all notices, statements and other communications to Lightspeed to the following address:

Lightspeed Commerce Inc.

700 St Antoine E. Suite 300 Montréal (Québec) H2Y 1A6 Canada

With a mandatory copy to: [email protected]

XIII Governing Law and Contracting Entity

XIII.1 If the you are located in Europe, this section 13.1 applies to you:

  1. “Lightspeed” means Lightspeed Netherlands B.V.
  2. The Terms shall be governed and construed in accordance with the law of the Netherlands, and the applicable courts shall be in Amsterdam, Netherlands.

XIII.2 If you are located anywhere else than in Europe, this section 13.2 applies to you:

  1. “Lightspeed” means Lightspeed Commerce Inc.
  2. The Terms shall be governed and construed in accordance with the law of the Province of Quebec, Canada, and the applicable courts shall be in Montreal, Canada.

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