GLOBALGOLF.CA TERMS OF USE

Last Revised Decemnber 1, 2023

THIS WEB SITE LOCATED AT WWW.GLOBALGOLF.CA (“Web Site”) IS PROVIDED TO YOU BY WORLDWIDE GOLF CANADA, LTD. (“WGC”, “we”, “us”, or “our”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE LOCATED AT WWW.GLOBALGOLF.CA. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

2. Accuracy of Information. WGC attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we make no representation as to the completeness, accuracy or timeliness of any information on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. For the avoidance of doubt: (i) in the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item; and (ii) in the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation, in which case payment will be fully refunded to you. We also may require verification of information prior to the acceptance and/or shipment of any order.

3. Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, WGC and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

4. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of WGC. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of WGC or such third party owner.

5. Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by WGC. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. WGC is not responsible for any content, materials or other information located on or accessible from any other web site. WGC does not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk.

6. User Information. Other than personal information, which is subject to this Web Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. WGC, and/or its designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. WGC may, but is not obligated to, monitor or review any User Communications. WGC shall have no obligations to use, return, review, or respond to any User Communications. WGC will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. WGC retains the right to remove any or all User Communications that includes any material WGC deems inappropriate or unacceptable.

7. Terms of Use. While using the Web Site, you agree to comply with all applicable laws, regulations and rules. You further agree that you will not, nor permit any third party to:

• mirror or frame any part of the Web Site;
• use any meta tags or any other “hidden text” utilizing WGC’s name or trademarks without the express written consent of WGC;
• decompile, disassemble or reverse engineer the Web Site, the WGC's content Materials or any portion of either of the foregoing;
• access data or take any action to obtain any services made available on the Web Site that are not intended for you or your use;
• not interfere with the security of, or otherwise abuse, the Web Site, or any system resources, services or networks connected to or accessible through the Web Site;
• attempt to probe scan, or test the vulnerability of any system, subsystem or network of WGC or its service providers;
• enter restricted areas of WGC’s computer systems or perform functions that you are not authorized to perform; tamper, hack, modify or otherwise corrupt or breach security or authentication measures without proper authorization from WGC;
• send unsolicited communications, promotions or advertisements or spam through the Web Site;
• transmit viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines, engines, or other components which can: (i) damage, destroy, disrupt or otherwise impair the functionality or operation of a Web Site, software, or any information technology systems; and/or (ii) impair, delete, corrupt or encrypt any information residing on any such systems ("Viruses");
• interfere with, intercept or expropriate any system or information; or
• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Web Site's root directory, WGC grants to the operators of public search engines a revocable, limited, non-exclusive license to use spiders to copy materials from the Web Site for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. For greater certainty, WGC reserves the right to revoke such licenses either generally or in specific cases, at any time and without notice.

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity the Web Site and the WGC Materials. For the avoidance of doubt, WGC may, without notice, temporarily suspend your, or any other person's, access to the Web Site if we reasonably suspect that you, or any other person, are obtaining unauthorized access to our systems or information, or are otherwise breaching these Terms of Use. These suspensions will be for such periods of time as WGC may reasonably determine.

8. Mobile Terms and Conditions. WGC (Mobile Program Name: GlobalGolf CA) offers its customers marketing and promotional mobile alerts by SMS message (“Mobile Service”) on 1-833-256-8602. By participating in the Mobile Service, you are agreeing to these Mobile Terms and Conditions and to the Privacy Policy.

• Signing Up and Opting-In to the Mobile Service: Enrollment in the Mobile Service requires you to provide your mobile phone number and to agree to these Mobile Terms and Conditions. You may not enroll if you are under 18 years old. Before the Mobile Service will start, you will need to agree to these Mobile Terms and Conditions. WGC reserves the right to stop offering the Mobile Service at any time with or without notice. WGC also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
  
  By opting into the Mobile Service, you:
• Authorize WGC to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• Acknowledge that you do not have to agree to receive messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 1-866-843-0255 or email questions@globalgolf.ca. To view and retain an electronic copy of these Mobile Terms and Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
• Content You May Receive: Once you affirm your choice to opt-in to the Mobile Service on 1-833-256-8602, your message frequency may vary. You may receive alerts about:
• Sale promotions
• Event information
• Product launch announcements
• Loyalty rewards
• Cart reminders
• Charges and Carriers: Standard message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Mobile Service.
  
  The Mobile Service may not be available on all wireless carriers. WGC may add or remove any wireless carrier from the Mobile Service at any time without notice. WGC and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
• To Stop the Mobile Service: To stop receiving text messages from WGC, text the word STOP or ARRET to 1-833-256-8602 any time or reply STOP or ARRET to any of the text messages you have received from WGC. After texting STOP or ARRET to 1-833-256-8602, you will receive one additional message confirming that your request has been processed.
• Questions: You can text INFO, HELP or AIDE at any time to 1-833-256-8602 for help or additional information. This will provide at minimum a phone number and email address to customer service (1-866-843-0255 or email questions@globalgolf.ca). You can also contact us at 4350 East West Highway, Suite 1050, Bethesda, MD 20814.

9. WARRANTY DISCLAIMERS. SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING IN THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.

IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WGC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND WGC DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WGC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.

10. LIMITATIONS OF LIABILITY. SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WGC WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.

IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF WGC, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, AND RETAIL PARTNERS TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH A PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT WGC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SHALL BE LIMITED TO AN AGGREGATE OF $100 CAD. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR PRIMARY REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

WGC DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEB SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF WGC, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL BE LIMITED TO AN AGGREGATE OF $100 CAD.

11. Revisions to these Terms of Use. To the extent permitted by law, WGC may revise any or all of the provisions of these Terms of Use (including the warranties, disclaimers, indemnities and limitations of liability) at any time and from time to time by updating this posting, including with reference to expressly designated legal notices or terms located on particular pages at this Web Site. To the extent required by law, we will notify you of such change by sending notice of or otherwise posting amended terms through the Web Site. It is your responsibility to review these Terms of Use periodically and when notified of a change. If you do not agree to the change, you can terminate these Terms of Use by giving us written notice. If you do not terminate these Terms within 30 days after the effective date of the change, then the change will become part of our agreement with you.

12. Choice of Law; Jurisdiction. These Terms of Use supersede any other agreement between you and WGC to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the province of Quebec if you are using this Web Site from Quebec or, in any other case, the Province of Ontario and the federal laws applicable therein, without giving effect to any principles of conflicts of laws. Unless otherwise required by law, the courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

13. Termination. You or WGC may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. WGC reserves the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. Sections 7, 8, 10 and 11 shall survive any termination or expiry of these Terms of Use.

14. Risk of Loss. All items purchased from GlobalGolf.ca are made pursuant to a shipment contract. To the extent permitted by law, this means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

15. Tax. You will be responsible for all taxes and duties related to your order. All applicable taxes and duties will be calculated and charged at checkout. Sales taxes are not charged on sales of gift certificates.

16. Privacy. By accessing or using the Web Site, you understand that we will collect, use and disclose certain information about you, including personal information. For more information on how we collection, use, disclose and protect your personal information, please read our Privacy Policy available at: https://www.globalgolf.ca/about/privacy/.

Contact us. You may contact us with questions or comments at:

Worldwide Golf Canada, Ltd.
c/o Worldwide Golf Shops
4350 East West Highway – Suite 1050
Bethesda, MD 20814
Attention: Legal Department