Terms & Conditions

Agreement between User and SmartGolfInfo (SGI)

The SGI website (the "Site") comprises various web pages operated by SGI.

SGI is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of SGI constitutes your agreement to all such Terms. Please read these Terms and keep a copy of them for your reference.

SGI is an e-commerce site that provides form, course information and player data data encompassing all golf tours.

Available subscription terms are 4 weeks and 52 weeks. Scope can be either "Basic" which is all tournaments on the PGA DP World and LIV Golf Tours, or "Platinum" which includes all tournaments from at least 16 Tours. See FAQ for details.

Electronic Communications

Visiting SGI or sending emails or messages to SGI constitutes electronic communications. You consent to receive electronic communications and you agree that all communications that SGI emails to satisfy any legal requirement that such communications be in writing.

Your Account

After you subscribe to SGI, you are responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that occur under your account or password.

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SGI is not responsible for third party access to your account that results from theft or misappropriation of your account credentials. SGI reserves the right to refuse or cancel services and suspend or terminate accounts, at its sole discretion.

Persons Under Age Eighteen

SGI does not knowingly enrol persons under the age of eighteen. If you are aged seventeen or younger, you may use SGI but only with the prior permission of your parent or guardian and only if subscriptions are paid with your personal card.

Cancellation/Refund Policy

Subscribers may cancel at any time. Cancellations will be effective at the end of the paid subscription term as there are no refunds. Subscription type and term can be reduced upon expiry of the current subscription while increases in scope or term can be implemented at any time.

Links to Third Party Sites

SGI contains links to websites that are not under the control of SGI and SGI is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by SGI of that site.

The payment service available via SGI (card payment) is delivered by a third party organisation. SGI neither receives nor stores related information except notification of a payment amount and account username to which it is attributed.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable licence to access and use SGI strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to SGI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Site.

All content included as part of our Service is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without permission from SGI.

You will use protected content solely for your personal use, and will make no other use of the content without the written permission of SGI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licences, express or implied, to the intellectual property of SGI or our licensors except as expressly authorised by these Terms.

Course images appearing in the Site have copyright attributed wherever possible. If you are the copyright owner and wish for any unattributed image to display your name, or to be removed, contact SGI.

International (non-New Zealand) Users

The Service is controlled, operated and administered by SGI from within New Zealand. If you access the Service from any other country, you are responsible for compliance with your local laws. You agree that you will not use the content accessed through SGI in any country or in any manner prohibited by any applicable law.

Indemnification

You agree to indemnify, defend and hold harmless SGI, its officers and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

SGI reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SGI in asserting any available defences.

Termination / Access Restriction

SGI reserves the right, in its sole discretion, to terminate your access to the Site and services at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of New Zealand and you hereby consent to the exclusive jurisdiction of the New Zealand courts in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SGI as a result of this agreement or use of the Site. SGI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SGI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SGI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and SGI with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

SGI reserves the right to change the Terms under which SGI is offered. The most current version of the Terms will supersede all previous versions. SGI will advise of updates by email.