Terms and Conditions

By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Midlands Golf may modify these Terms and Conditions at anytime.

Restrictions On Use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Midlands Golf and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by Midlands Golf, for your personal, non-commercial home use only.

Midlands Golf does not transfer either the title or the intellectual property rights to the Software and retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Midlands Golf or its licensors and you may not copy or use them in any manner.

This site is controlled and operated by Midlands Golf from its offices within the United Kingdom. Midlands Golf makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimers and Limitation of Liability; Forward-Looking Statements

Midlands Golf may change, move or delete portions of, or may add to, this web site from time to time.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MIDLANDS GOLF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors.

Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIDLANDS GOLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIDLANDS GOLF DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE.

MIDLANDS GOLF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MIDLANDS GOLF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MIDLANDS GOLF BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF MIDLANDS GOLF OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MIDLANDS GOLF’s TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO MIDLANDS GOLF, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other Web Sites

Midlands Golf makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non- Midlands Golf web site, please understand that it is independent from Midlands Golf and that Midlands Golf has no control over the content on that web site. A link to a non- Midlands Golf web site does not mean that Midlands Golf endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a document on this web site respond to Midlands Golf with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Midlands Golf shall have no obligation of any kind with respect to such information.

In addition, Midlands Golf shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorise others to do the same.

Further, Midlands Golf shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Midlands Golf‘s Privacy Policy.

In consideration of Midlands Golf‘s continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Midlands Golf without any compensation. You agree to execute any and all documents that we may reasonably request in connection with confirming Midlands Golf‘s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will:

• (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights;

• (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and

• (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Termination

This Agreement is effective unless and until terminated by either you or Midlands Golf.

You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. Midlands Golf may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in Midlands Golf‘s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement.

Upon any termination of this Agreement by either you or Midlands Golf, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Our Contract

All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) us delivering the goods to you; or (ii) by providing the goods you have purchased in store, at which point a legally binding contract is constituted between you and us.

The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.

Ordering

On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Place order and pay” button on the checkout page.

All orders placed by you and purchases of goods by you from us are subject to acceptance by us. We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.