Terms of Service

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These Terms of Service govern your use of the website located at https://www.birdiesindoorgolf.ca and any related services provided by 2781648 Ontario Corp. herein referred to as “BIRDIES INDOOR GOLF”.

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By accessing https://www.birdiesindoorgolf.ca, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by BIRDIES INDOOR GOLF.

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We, BIRDIES INDOOR GOLF, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

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These Terms of Service were last updated on 24 April 2021.

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Use of our Site

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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.

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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.

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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.

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Limitations of Use

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• By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

• remove any copyright or other proprietary notations from any materials and software on this website;

• transfer the materials to another person or “mirror” the materials on any other server;

• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service BIRDIES INDOOR GOLF provides;

• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

• use this website or its associated services in violation of any applicable laws or regulations;

• use this website in conjunction with sending unauthorized advertising or spam;

• harvest, collect, or gather user data without the user’s consent; or

• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

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Intellectual Property

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The intellectual property in the materials contained in this website are owned by or licensed to BIRDIES INDOOR GOLF and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

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This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by BIRDIES INDOOR GOLF at any time.

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User-Generated Content

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You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

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When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

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The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

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You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

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Liability

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Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, BIRDIES INDOOR GOLF makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

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In no event shall BIRDIES INDOOR GOLF or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if BIRDIES INDOOR GOLF or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

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In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

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Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

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Accuracy of Materials

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The materials appearing on our website are not comprehensive and are for general information purposes only. BIRDIES INDOOR GOLF does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

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Products or Services

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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.

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Cancellation Policy

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Bookings may only be cancelled, at no charge, via email, up to 24 hours prior to the start of the booking (“Cancellation Period”). Once the Cancellation Period has completed, the reservation is final and no modifications or changes are allowed. At the discretion of Birdies Indoor Golf, we reserve the right to refuse cancellation privileges, service, or product to anyone seen abusing this privilege.

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Payments/Credit Card

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All bookings require a valid credit card. Your card will be charged immediately upon successful booking. No credit card information is stored with us. Bookings are completed on a third party booking platform. We are not responsible for the Privacy Policy or Terms of Service of these third party websites.

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Damage to Facility & Property

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BIRDIES INDOOR GOLF reserves the right to, without additional notice, charge the payment method used at the time of booking for any and all damages to the facility, its property, and its equipment caused by guests. This includes but is not limited to: Screen damage due to use of personal balls, missing or stolen items from the bay, damage to all equipment such as but not limited to; computers, monitors, simulator sensors, lights, fixtures, structural components, turf, balls, tees, furniture. Minimum charge for the above aforementioned will be $100.00 CAD. All customers are responsible for any of their booked guests and their actions.

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Facility Rules and Regulations

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BIRDIES INDOOR GOLF reserves the right to, without additional notice, charge the payment method used at the time of booking for any and all violations of facility rules as described in but not limited to the physical facility notices, on www.birdiesindoorgolf.ca and all its subsets, and on booking confirmations/access key emails. This includes but is not limited to:

No Alcohol, smoking, or vaping.

No loud music.

No food or drink waste to be left in the bays upon completion of booking.

Bays are to be kept clean. This includes but not limited to the removal of all waste into waste baskets, personal items, garbage, mud, dirt.

Any user and/or their guests determined to have consumed alcohol on the premises will, without additional notice, be charged a minimum $100 cleaning fee.

The facility is a self-service space with general cleanliness to be the sole responsibility of the user and their guests at the time of booking. Any violation of the above rules will be subject to any of the following: i) Booking cancellation without refund ii) Minimum charge of $100 for cleaning iii) Banned from the facility. By entering the facility as the booking user or as a guest, you agree to the rules and their associated penalties as outlined above.

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Links

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BIRDIES INDOOR GOLF has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by BIRDIES INDOOR GOLF of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

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Right to Terminate

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We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

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Severance

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Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

 

 

Governing Law

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These Terms of Service are governed by and construed in accordance with the laws of Canada. 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 Mississauga, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.