1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meanings:
- “Company” means PSP Publishing Limited, a private limited company registered in Scotland (Company No. SC158316) and having its registered office at 50 High Craighall Road, Glasgow, G4 9UD and any references to “Bunkered Golf Club”, “we”, “us” or “our” in these Terms and Conditions shall be a reference to the Company;
- “Customer” means you and any reference herein to “you” or “your” shall be a reference to you as a customer;
- “Intellectual Property Rights” means all patents, trade-marks, registered designs (and any applications for any of the foregoing), copyright (including rights in software), semi-conductor topography rights, database right, unregistered design right, rights in and to trade names, business names, domain names, product names and logos, databases, inventions, discoveries, know-how and any other intellectual or industrial property rights in each and every part of the world together with all applications, renewals, revisions and extensions;
- “Parties” means you and the Company and any reference to “party” shall be construed accordingly;
- “Promotions” means any promotions offered by the Company via the Website;
- “Registration” means registration by you with the Website in order to receive information regarding Promotions;
- “Supplier” means the supplier of the Voucher Services and from whom the Voucher can be redeemed;
- “Terms and Conditions” means these Terms and Conditions as updated from time to time;
- “Voucher” means a voucher provided by the Company to you upon purchase of a Promotion to be redeemed in exchange for the Voucher Services;
- “Voucher Price” means the price of a Voucher;
- “Voucher Services” means the goods or services to be provided to you by the Supplier;
- “Working Day” means a day (other than a Saturday, Sunday or public holiday) when banks in Edinburgh are open for business and the term “Working Days” shall be construed accordingly;
- “Website” means www.bunkeredgolfclub.com or such other website as may be used by the Company to advertise Promotions from time to time; and
- “Bunkered Golf Club” means the business of the Company, trading as Bunkered Golf Club on the Website, such name and business being owned and operated by the Company.
2. APPLICATION OF TERMS AND CONDITIONS
These Terms and Conditions apply to the entire content of the Website, and tell you how you may use the Website and tell you how any Voucher purchased may be used. Please read these Terms and Conditions carefully before using the Website and/or purchasing any Voucher. By accessing and using the Website (whether or not you have completed Registration), you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using the Website and/or purchasing any Voucher.
You will be prompted to accept these Terms and Conditions on each occasion you purchase a Voucher.
3. ACCESS AND CONTENT
We reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period and make no representation that access to the Website will be uninterrupted and error free.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to those users of the Website who have successfully completed Registration with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. If you suspect that a third party may have accessed any such information, you must inform us immediately.
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions, and that they comply with them.
We aim to update the Website regularly, and may change the content, including these Terms and Conditions, at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
You must complete the Registration process on the Website in order to create an account (“Account”) and to purchase any Voucher(s). To register with the Website, create an Account and make any purchase of a Voucher, you must be 18 years of age or over.
By registering with the Website, you will receive email notification of Promotions from time to time which may be available for purchase via the Website. We may also send you administrative and promotional emails as well as other updates and relevant information. You may opt-out of such administrative emails by clicking the “unsubscribe” link at the foot of the emails or within unsubscribe option in your account.
If, at any time, you fail to comply with any terms set out in the Terms and Conditions, we reserve the right to cancel or restrict your Registration without prior warning.
5. PURCHASE OF VOUCHERS
Purchase of any Voucher(s) will be subject to acceptance of these Terms and Conditions. You will be required to accept these Terms and Conditions prior to every purchase you make via the Website.
The price of a Voucher will be the Voucher Price as stated from time to time on any Promotion. The Voucher Price stated shall be inclusive of any VAT payable thereon but shall not include any delivery charges, administration fees or handling fees which may apply in relation to the Voucher Services. It shall be your responsibility to check the fine print on any Promotion and the terms and conditions of the Supplier in relation to any Promotion which shall detail any additional charges which may be payable to the Supplier or to third parties from time to time, including, without limitation, delivery charges, administration fees or handling fees.
Upon successful purchase of a Promotion, we will send you an email to confirm that we have safely received full payment of the Voucher Price. Payment may be made via any of the means listed on the Website from time to time. The confirmation email also confirms our acceptance of the transaction and concludes the contract between us. As soon as reasonably practicable thereafter, we will send you, by email, an electronic copy of the relevant Voucher purchased.
Any failed payments or part payments of the Voucher Price will not constitute successful purchase of a Promotion and we will be under no obligation to send you a Voucher in such case. In the event of non-payment or part payment, we will notify you of this by email and any part payments will be refunded to you into a bank account nominated by you for this purpose. Part payments will be refunded within  Working Days of us receiving notification of the relevant bank account details.
You shall be entitled to cancel your purchase of a Voucher at any time within 28 Days of purchase (the “Cooling Off Period”), provided that the relevant Voucher has not yet been redeemed. If you do wish to cancel, you must notify us at email@example.com and you will receive a refund in accordance with the terms of clause 6 below.
Once you are in possession of a Voucher, you may then redeem the Voucher Services from the Supplier in accordance with any terms, conditions or restrictions as may be detailed on the Voucher or as otherwise applicable from time to time, including the expiry date of the Voucher. You must produce a copy of the Voucher to the Supplier in order to redeem the Voucher Services.
The Supplier, not the Company, is the seller and provider of the Voucher Services and is solely responsible (to the exclusion of the Company) for:
- redeeming the Voucher;
- providing you with the Voucher Services themselves; and
- the quality/fitness for purpose of the Voucher Services provided.
Any comments, queries or complaints regarding the Voucher Services should be brought to the attention of the Supplier in the first instance before or at the time the Voucher Services are provided.
It is at the sole discretion of the Supplier to determine whether any Voucher may be combined with any other voucher, coupon, offer or promotion (including any other Promotion offered by the Supplier) from time to time.
Neither the Company nor the Supplier shall have any responsibility for destroyed, lost or stolen Vouchers.
The right to redeem the Voucher for Voucher Services expires on the date specified in the Voucher.
Purchase of any Promotion is subject to availability and we offer no guarantees in relation to the number of Vouchers which may be available in relation to a specific Promotion. We reserve the right to limit the number of Vouchers purchased by you in respect of a particular Promotion.
If you cancel the purchase of a Voucher(s) within the Cooling Off Period of 28 days from the date of purchase, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the Voucher Price paid by you in full, together with any applicable delivery charges. However, if the Voucher Services purchased relate to goods, you will be responsible for the cost of returning the goods to the Supplier. Refunds in relation to goods will only be given where the relevant goods are returned to the Supplier unused, undamaged and together with any original packaging.
If the Voucher Services purchased relate to goods, and you consider that the relevant goods supplied to you are defective, unsatisfactory, not fit for purpose or you are otherwise not satisfied with the goods forming part of the Voucher Services, you should return the goods to the Supplier. Replacement goods may be offered at the Supplier’s discretion and subject to its terms and conditions and, in any case, you may choose to receive a refund rather than a replacement. If you opt to receive a refund, we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the Voucher Price paid by you in full, any applicable delivery charges and any reasonable costs you incur in returning the item to the Supplier.
We will credit any refunds due to you to a bank account nominated by you for this purpose.
Any complaints should be brought to the attention of the Supplier at or as soon as reasonable practicable after the time the Voucher is redeemed and the Voucher Services are supplied by the Supplier in order that the Supplier may have an opportunity to rectify any such complaints.
If, following the supply of Voucher Services, you have a complaint which has not been resolved by the Supplier or you are generally unsatisfied with the standard of Voucher Services provided by the Supplier, you should notify us immediately by email to customerservice@bunkeredgolfclub in order that your complaint can be investigated by our Customer Services team.
8. YOUR OBLIGATIONS
You agree to observe any terms and conditions of the Supplier of any Voucher Services.
Any reproduction, sale, resale, transfer or trade of a Voucher is strictly prohibited and may render the Voucher void at our, or the Supplier’s, discretion.
You warrant that all and any information provided by you to us or to the Supplier (and in particular, your age) is true and accurate in all respects. You will advise us immediately of any change in your contact details.
You undertake not to allow any other person to use your user identification code, password or Registration in order to access the Website or Promotions.
You agree to use the Website and any Vouchers purchased from the Website in accordance with these Terms and Conditions.
It is your responsibility to ensure that any Promotion meets your requirements before purchase. Please note that the Website is intended to be accessed by those in the UK and we make no representation that any Voucher Services are suitable or available for supply or use out with the UK. In particular, please note that certain Promotions may be particular to a specific region or locality within the UK.
You shall not use the Website or any Voucher for any fraudulent purpose or engage in any other unlawful activity in relation thereto.
Any breach of your obligations under the Terms and Conditions may cause us to (a) suspend your Registration and access to the Website and to Promotions; and (b) terminate these Terms and Conditions, and (c) may render void any Vouchers purchased by you.
9. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all Intellectual Property Rights in any Vouchers and in the Website, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
All other rights which are not specifically granted are reserved.
You shall indemnify us against any loss, liability or charge whatsoever incurred by us in connection with any claims that are brought or threatened against us by any person arising from the following:
- your use of the Voucher;
- your use of the Website;
- the use of the Website through your password;
- any information provided by you being untrue or inaccurate; and
- any breach whatsoever by you of these Terms and Conditions.
11. OUR LIABILITY
To the fullest extent permitted by law, we and third parties connected to us, hereby expressly exclude:
- all liability in respect of the accuracy, completeness, fitness for purpose or legality of information accessed via the Website (and any use of such information by you is entirely at your own risk);
- all liability for Voucher Services (whether services or goods) for which Vouchers may be redeemed;
- all conditions, warranties and other terms which might otherwise be implied by applicable law;
- any liability for any direct, indirect or consequential loss or damage (even if foreseeable, known, foreseen or in contemplation of the parties or otherwise) incurred by any person in connection with the Website, any Voucher or any Voucher Services, or in connection with the use, inability to use, or results of the use of the Website or any Voucher or the provision of any Voucher Services, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of opportunity;
- loss of , damage to, or corruption of data;
- loss of goodwill or reputation; and
- wasted management or office time;
- whether caused by delict (including negligence), breach of contract or otherwise.
Nothing in these Terms and Conditions shall exclude our liability for
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence or our breach of these Terms and Conditions;
- any breach of the obligations implied by sections 12 and 14 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- any other liability which cannot be excluded or limited by law.
Save as provided above, our total liability to you or any third party shall, in no circumstances, exceed £20 or the relevant Voucher Price, whichever is the greater.
12. DATA PROTECTION
We process information about you in accordance with our Privacy www.bunkeredgolfclub.com/privacy.
By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
13. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We make no guarantees that the Website is free from viruses and strongly recommend that you check for such viruses before down-loading it or its content. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
14. LINKING TO THE WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any Website that is not owned by you.
The Website must not be framed on any other Website unless authorised by the website owner.
We reserve the right to withdraw linking permission without notice.
15. LINKS FROM OUR WEBSITE
Where the Website contains links to other Websites and resources provided by third parties, these links are provided for your information only and do not imply any endorsement or approval by us of the materials on such Websites or contained in such resources. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Continued use of the Website will indicate acceptance of any amendments to these Terms and Conditions.
Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Website.
You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under these Terms and Conditions without prior notice.
18. FORCE MAJEURE
We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Any failure on our part to exercise or enforce any right conferred on us by these Terms and Conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
20. NO PARTNERSHIP
Nothing in these Terms and Conditions, and no action taken by the Parties pursuant to these Terms and Conditions shall constitute, or be deemed to constitute, between us any partnership, association, joint venture or other co-operative entity.
21. ENTIRE AGREEMENT
These Terms and Conditions supersede all prior agreements and arrangements of whatever nature and set out the entire agreement and understanding between us relating to its subject matter.
All warranties, representations, covenants, undertakings or the like as may be implied by law are hereby excluded to the fullest extent permitted by law (“Extra Contractual Representations”). You hereby waive any and all rights and remedies you may have in respect of the Extra Contractual Representations.
If and in so far as any part or provision of these Terms and Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall continue in full force and effect.
23. THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.
24. JURISDICTION AND APPLICABLE LAW
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
25. CONTACT US
If you have any concerns about material which appears on the Website or wish to contact us for any other reason, please contact firstname.lastname@example.org