Should you, besides being a User, qualify as a Subscriber as well, then the following additional Service Terms apply to any Agreement you may conclude with Leadingcourses.
The following capitalized terms have the following meaning in these Service Terms:
“Subscriber Account” your account created via the Subscription Platform;
“Agreement” any agreement concluded by and between Subscriber and Leadingcourses in connection with the use of the Platforms and/or the Subscriber Services.
"Annual Subscription” is a contract for a period of 12 months, which will automatically expire.
"Effective Date" means the day that a specific (paid) Extranet subscription is activated and the specific elements associated with that Extranet subscription can and may be changed or used.
“Extranet subscription plan” means the different forms and levels (including different features) in which Leadingcourses offers its Monthly and Annual Subscriptions.
“Leadingcourses.com” refers to http://www.leadingcourses.com/ and all active sub-domains for the specific language areas (e.g. nl.leadingcourses.com).
"Monthly Subscription” is a contract that is renewed automatically every month, unless terminated by written notice by the end of the month.
“Platform(s)” the (respective) internet platforms linked to both the Leadingcourses.com and partner.leadingcourses.com webpages (including subpages).
"Subscriber" or "you" means the contracting entity (together with any affiliates and subsidiaries, if any) exploiting a golf venue and making use of and/or benefitting from the Subscriber Services (including though not limited to the Extranet subscription and booking services). Even if you log-in for free to the Subscription Platform you are considered a Subscriber and these Service Terms will apply.
“Subscriber Content” all information, data or material in the form of images, videos, text and audio-visual material or any other content submitted by a Partner through the Partner Services;
“Subscription Platform” refers to http://partner.leadingcourses.com/ and all active sub-domains for the specific language areas (e.g. partner.leadingcourses.com/en).
"Subscription Period" means the period of a paid Extranet subscription (regardless of the payment frequency), which may be extended in accordance with these Service Terms.
2. Description of Service
Leadingcourses.com - operated by Leadingcourses BV (“Leadingcourses”) - is an Internet based platform helping golfers all over the world to find golf venues by offering localized content and reviews in different languages. Furthermore, it provides intermediary services by connecting golf venue providers, having golf courses and accommodations to list and book, with golfers seeking such. Users of the Leadingcourses platform can also decide to send tee-time requests or enquiries to the Subscriber or any golf club. Leadingcourses sends these requests and enquiries as a standardized mail on behalf of the User. Subscriber can respond to these messages via our Subscription Platform without the need to login. If you do not want to receive such messages, we urge you to contact Leadingcourses via our contact form. By visiting the Subscription Platform you agree with the Services Terms as describe on this page.
An Extranet subscription plan is the service which enables a Subscriber to update and enrich its profile on Leadingcourses.com, to obtain additional advertising opportunities and (depending on the quality of the plan), gain access to additional functionality to generate more reviews, monitor their (online) reputation and to gain more insights through statistics, trends and reports. Consequently, it is a powerful tool for golf clubs and golf courses to align them with the needs and wants of golfers and to increase their presence on Leadingcourses.com. For this purpose partner.leadingcourses.com website provides golf venue providers the opportunity to list their golf courses and accommodations via an Extranet subscription plan (collectively the “Subscription Services”).
3. Service provider
Leadingcourses BV is the provider of both Leadingcourses.com, the Subscription Platform, as well as of the Subscription Services. The Leadingcourses contact details are the following:
3528 BE Utrecht
All notifications to Leadingcourses related to the Subscription Services concerning legal claims or issues should be addressed in writing to: email@example.com or via our contact form.
4. Role of Leadingcourses
With regards Leadingcourses’ Subscription Services provided the Subscription Platform, Leadingcourses acts and operates as a service provider.
Though, in relation to bookings executed via Leadingcourses.com, Leadingcourses (by virtue of its platform) and its subsidiaries, act as an intermediary between the Subscriber and golfers, facilitating the conclusion of a contract only. Leadingcourses is not representing Subscriber nor the golfer.
These Service Terms apply to all agreements deriving from Subscriber’s use of the Subscription Platform and the Subscription Services provided therewith and/or in connection therewith, including but not limited to having access via a login to a paid or free Extranet subscription.
6. Use of Services
Subscriber acknowledges and agrees to use the Subscription Services provided by Leadingcourses in accordance with these Service Terms, as well as the Terms and Conditions applicable to Leadingcourses.com (these can change from time to time), the applicable laws and in a manner that does not interfere with other users, does not disturb or interrupt services or equipment, which can be determined at Leadingcourses’ sole discretion.
Each and every use of the Subscription Services is at the Subscriber’s own risk and responsibility. Leadingcourses has no knowledge of and/or interference with the Subscriber Content that is made available by you through (use of) the Subscriber Service and/or your Account. You are solely responsible and liable for Subscriber Content you provide. Leadingcourses accepts no responsibility whatsoever for any decisions made by you based on the Subscriber Content published on the both Platforms. Subscriber acknowledges and agrees that Leadingcourses does not have any influence over the Subscriber Content uploaded by means of the Subscriber Services. Leadingcourses is never liable and/or responsible for the Subscriber Content provided via the Subscriber Services.
Paid Extranet subscriptions may be used from the Effective Date until the applicable Agreement is terminated by either party in accordance with these Service Terms or by reaching the expiry date of the applicable Agreement.
8. Extranet subscriptions (free and paid)
Your paid Extranet subscription will only be activated after your invoice has been fully paid and settled.
Leadingcourses reserves the right, without any liability, to remove or change information in the listings or adds that contain content or links that do not conform to the terms and conditions, specifications or guidelines of Leadingcourses. Leadingcourses can change the design of both the Leadingcourses.com and/or Subscription Platform, at its sole discretion at any time. Subscriber agrees to the following:
- Subscriber grants Leadingcourses and its partners (e.g. other golf-related websites, golf federations, touroperators etc.) hereby the right to display and/or change all Subscriber Content on both the Subscription Platform and Leadingcourses.com, via its widgets and XML-feeds and via Leadingcourses’ partner websites, as well as in emails related to Leadingcourses. Failure of Leadingcourses to Subscriber Content shall not constitute in a breach of contract and gives Subscriber no right to any form of legal redress;
- Failure by Subscriber to perform all applicable requirements deriving from an Agreement concluded with Leadingcourses, can impact displaying a listing or/and can give Leadingcourses the right to immediately terminate the relevant Agreement;
- Subscriber is responsible for the textual and visual content provided to Leadingcourses via the Subscription Platform (including but not limited to a promotion, offer or a photo), and will indemnify and hold Leadingcourses harmless for all losses, costs and damages associated with claims for the violation of rights of a third party. Subscriber certifies, warrants and ensures Leadingcourses that (a) Subscriber is always fully authorized to publish the entire contents and subjects of all published information (including but not limited to text, photography and URLs); (B) all the material and its Internet site(s) comply with all applicable laws and regulations and any rights of any third party (including, but not limited to intellectual property rights); (C) Subscriber, and its representatives using the Subscription Services, have the full operating rights and the authority to enter into Agreements on behalf of Subscriber with Leadingcourses in that regard and that is entitled to perform required actions, and that the execution of the Agreement does not violate any agreement in which Subscriber is party or to which she is otherwise bound by any law, rule or regulation.
- Subscriber agrees that Leadingcourses is able to disclose in a press release or via newsletters that Subscriber is using a paid or free Extranet subscription plan of Leadingcourses.
- Subscriber is allowed to use the widgets (among others; rating, awards, certificates) that are made available via the Subscription Platform without prior permission of Leadingcourses. It is not allowed however to distort the logo of Leadingcourses or change logos or awards designed by Leadingcourses without written prior permission from Leadingcourses.
9. Privacy and compliance
Both Subscriber and Leadingcourses will ensure that any collection of any use and any disclosure of information which is obtained in connection with any Agreement will comply with all applicable laws, rules and privacy rules. Subscriber agrees that no unsolicited commercial e-mail or other online communication (e.g. 'spam') will be sent to users of Leadingcourses if personal information is exchanged by Leadingcourses to Subscriber.
10. Payment terms and calculations
In the case of a Monthly Subscription, Subscriber is obliged to pay Leadingcourses before the first day of the month (or otherwise agreed). When Subscriber purchases a paid Extranet subscription, Subscriber acknowledges and agrees that this is based on a monthly payment or annual payment and that payments to Leadingcourses will be done through the agreed terms as chosen by Subscriber and will be paid in time until the paid Extranet subscription is terminated by either Subscriber or Leadingcourses or has expired in accordance with the applicable Agreement. The subscription fee will be charged to Subscriber from the Effective Date on. Subscriber will pay Leadingcourses the first subscription fee due on forehand with a payment term of 14 days.
All payable sums referred to in these Service Terms are exclusive of VAT.
11. Upgrading and downgrading Extranet Subscription
After expiration of a Monthly Subscription, you are free to upgrade or downgrade to a different Extranet subscription plan. Subscriber has the following options to upgrade its existing Annual Subscription:
- Subscriber prematurely renews Annual Subscription for a 12-month period to an upgraded version. In this case Leadingcourses will deduct the amount of the unused months of the current Annual Subscription from the amount of the price of the new upgraded Annual Subscription.
Subscriber upgrades for the duration of the current Subscription Period. In this case Leadingcourses invoices the price difference for the remaining months.
A Subscriber with an Annual Subscription can downgrade at any time to a cheaper annual Extranet subscription plan. The amount of the remaining months will be added as extra months to the new (and cheaper) Annual Subscription. This contract extension is always rounded up to full months, so this will always benefit Subscriber. Note: Regarding an Annual Subscription, you are not entitled to a refund when downgrading to a free Extranet subscription plan.
Free Extranet subscriptions may be terminated at any moment, upon prior written notice. Subscriber may terminate (taking into the applicable notice period) a paid Extranet subscription, and thus terminate the applicable Agreement in accordance with the below cancellation policy:
- Monthly Subscription (1 month): If Subscriber terminates the Extranet subscription before the 15th day of the month, the Extranet subscription will end on the first day of the next month.
- Annual Subscription (12 months): with a one-year contract, the Agreement terminates automatically; no formal notice is necessary. Before expiry of the term of the applicable Agreement Leadingcourses will contact Subscriber to inform whether it is interested in renewing the Agreement.
In addition to all other rights, Leadingcourses can immediately cancel an Extranet subscription if it finds a form of abuse within this time period.
13. Liability, warranty and indemnity
Leadingcourses makes no explicit nor implied warranties with respect to:
- the number of visitors and pages viewed on Leadingcourses.com or the response times of Leadingcourses.com and/or its Subscription Platform;
- as to the effectiveness of a free or paid Extranet subscription.
Leadingcourses rejects all liability for all forms of damage or consequential damages by advertisements or displayed information relating to Subscriber, including lost profits, unless the damage was caused deliberately or was a result of wilful recklessness. In no event will Leadingcourses be liable to Subscriber for an amount higher than the total amount received by Leadingcourses from Subscriber for a specific Service.
14. Jurisdiction and governing law
All relationships between Leadingcourses and its Subscriber, as well as those who make use of its Subscriber Services, are governed by the laws of The Netherlands. Disputes shall be submitted exclusively to the competent court in Utrecht, The Netherlands.
15. General provisions
If any provision of this Agreement seems to be invalid or unenforceable pursuant to judicial decree or decision, the other provisions shall remain valid and in force and unenforceable provisions will be deemed modified to the extent necessary to make them enforceable.
Each party acknowledges that all information and know-how that it has received and which the disclosing Party has labelled as its property and/or as confidential, or information - due to the nature of the conditions in which they were revealed – should be considered confidential and/or as its property, will be kept confidential.
Leadingcourses can change these Service Terms at any time by informing Subscriber in writing or by e-mail of any changes, at its sole discretion.