5i F&B - TERMS AND CONDITIONS OF USE

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TERMS AND CONDITIONS OF USE

The Website, www.fiveirongolf.in is owned by Hoche Partners Golf Studios Private Limited a company incorporated under the Companies Act, 2013 with its registered office at Plot 19 Flat 19 Floor2 Wing Shiv Vihar, Worli Sea Face Shree Shiv Sagar CHSL KHA, Mumbai, Mumbai city, Maharashtra 400030 The Company is a franchisee of Five Iron Golf, a company having its principal place of business at 883 Avenue of the Americas, Fl. 3, New York, NY 10001 in India.

These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern your use of the Website and the Services (as defined below) provided through the Website. By clicking the I Agree checkbox, which shall be prompted to you before availing the Service, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the amended Terms. Please check these Terms of Use periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.

The words “You”, “Your” or “Customer” shall mean any legal or natural person who avails the services from the Website and the term “we”, “us” or “our” shall mean the Company for the purposes of this Agreement.

Please read these conditions carefully before using the Website. By using the Website, you signify your agreement to be bound by these conditions.

1. USE OF THE WEBSITE

These Terms of Use apply to your access to and use of the Website, including the software contained therein (“Software”). These Terms of Use constitute a legally binding agreement on any person who accesses the Website and any other feature, content or applications that the Company may launch (‘Terms and Conditions’). These Terms and Conditions are to be complied with in addition to any agreement or terms agreed upon by the parties from time to time in relation to the Company’s Services.
By using the Company’s Website, you are confirming that you accept and agree to be bound by and comply with these Terms and Conditions and the Company’s Privacy Policy https://fiveirongolf.in/privacy-policy/ In case the Terms and Conditions are not acceptable to you, you may leave/exit the Website and cease using the same forthwith.
Your access to and use of the Website and the information, materials, products, and services available through the Website are subject to these Terms and Conditions, regardless of whether or not you possess an account through the Website linked to your name and/or contact information (“Account”).
Additionally, the Company may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, booking slots, gift vouchers, etc.). You shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Company, including terms and conditions set forth herein. In the event that any of the terms, conditions and notices contained in this Agreement with the additional/other terms and guidelines specified by the Company, then the latter terms/guidelines shall prevail.
In order to access the Website, you must be 18 years of age or above. In case a child who is under 18 years wants to access the Website, then the parent or guardian of the child will have to provide their consent for the child's use of the Website.

2. Services

The Company provides virtual reality simulation services for golf (collectively referred to as “Company Products”) at its premises (“Company Premise”). The Company through the Website offers the users to book the Company Premise for availing the Company’s Products (“Services”).

You agree and acknowledge that the Company reserves the right to change or suspend any of the Services at any time, including but not limited to the Company Products offered, hours of availability, databases. The Company also reserves the right to restrict any user from accessing the Website and/or availing the Services at our sole discretion.

3. PAYMENT OF SERVICES

In order to avail the Services of the Company, you shall have to make the purchase in the manner specified on the Website.

You understand, accept and agree that the Company shall be using the services of a third-party payment gateway service provider in order to help facilitate payments through the Website. You acknowledge that you will also be bound by the terms and conditions specified by such payment gateway service provider. The Company do not collect any information regarding your debit/credit card or net banking details used on the payment gateway. You further agree that, while availing any of the payment options as specified above, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.

4. INTELLECTUAL PROPERTY

Copyright and ownership: All the content featured or displayed on the Website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by the Company, its Franchisors, licensors, vendors, agents, and/or its Content providers.
- You must not use the Website or any Content other than for its intended purpose. Except where the Company tells you otherwise in the Website, you may view, play, print, and download documents, audio, and video found on the Website for personal, informational, and non-commercial purposes only.
- You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Website.
- Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions of Use, the use of any such material on any other mobile application, website, or online service is prohibited.
- You are responsible for complying with all laws which apply to you and your use of the Website. The Website, its Content, and all related rights shall remain the exclusive property of the Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Website.
Trademarks: All trademarks, service marks, and trade names of the Company used as part of or in connection with the Website (collectively "Marks") are trademarks or registered trademarks of the Franchisor, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without the Company’s prior written consent. The use of the Marks on any other mobile application, website, or online service is not allowed.
Software: The Software is being provided to you by the Company pursuant to the following terms. The Company grants you a non-exclusive, non-transferable, limited license to use the Software only for the purpose of using the Website. Except as specifically provided in these Terms and Conditions of Use, You may not, in whole or in part: (a) copy the Software, (b) distribute copies of the Software, in whole or in part, to any third party; (c) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Software, except as otherwise permitted by law; (d) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Software to third parties; or (e) use the Software to act as a service bureau or application service provider, or to permit access to the Software by any third party.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person's use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorized access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorized means.

5. YOUR GRANT OF LICENSE TO THE COMPANY FOR USER-PROVIDED CONTENT

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant the Company a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Website.
The Company may modify or adapt User-Provided Content, including to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. The Company or others may, in its sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You undertake that the Company’s publication and use of your User-Provided Content will not infringe the rights of any third party.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

The Company does not guarantee the accuracy of information found on the Website. Your reliance on information found on the Website is solely at your own risk.
THE WEBSITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY, ITS AFFILIATES, FRANCHISOR, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE WEBSITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS FRANCHISOR, AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE WEBSITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE WEBSITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF THE COMPANY OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
iv. THE COMPANY, ITS AFFILIATES, FRANCHISOR, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE THE COMPANY MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE COMPANY. THE COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

7. LINKS TO OTHER WEBSITES

The Website may from time to time display links to other websites or resources sponsored by third parties. The Company is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to this Website. The Company has not reviewed any or all of the third-party websites linked to this Website. The Company is not responsible for the content of any off-site pages or any other websites linked to this Website. Your linking to this Website, off-site pages or other websites is at your own risk.

8. USER OBLIGATION

In consideration of use of the Website, You represent and confirm that the you are of legal age (18 years) to enter into a binding contract and are not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
ii. To avail a Service you have and must continue to maintain at your sole cost: (a) all the necessary equipment including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. You shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by you.
You also understand that the Services may include certain communications from the Company as service announcements and administrative messages. You understand and agree that the services are provided on an “as is” basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any of your / User communications or personalized settings.
Registration, User ID and Password: Your registration on the Website is optional. If You opt to register yourself on the Website, upon completion of the registration process, You shall receive a User id and password. You agree and undertake at all times to be responsible for maintaining the confidentiality of the password and User id and shall be fully responsible for all activities that occur by use of such password or User id. Further, you agree not to use any other party's User id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through the Company’s service. The Password entered by you is transmitted in one- way encrypted form to the Company’s database and stored as such. Thus, the Password will not be known even to the Company. You confirm that you are the authorised holder of the debit/credit card or the original account holder used in the transactions you make for using the Company’s services or for purchasing the Company’s products. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit or debit card number/account details number for using the Company’s services or for purchasing the Company’s products.
You also agree and undertake to immediately notify the Company of any unauthorized use of your User id and/or password and to ensure that you log off at the end of each session at the Website. The Company shall not be responsible for any, direct or indirect, loss or damage arising out of your failure to comply with this requirement.
You also agree to: (a) provide true, accurate and complete information about yourself and your beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your registration and refuse any and all current or future use of the Website and/or any Service or purchase of any product.
Furthermore, you grant the Company the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out certain Services.

9. BOOKINGS AND CANCELLATIONS POLICY

Bookings may be made through the Website against payment of an advance fee as applicable at the time of booking. The Company accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking; and other payment methods may be added from time to time.
Upon successfully booking a session, you will receive a confirmation in the form of a confirmation page or email or SMS. However, in case of non-receipt of confirmation and/or if after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same from your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the booking process. The Company will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Any booking made through the Website may be cancelled up to 2 hours prior to the booking slot and in the event of such cancellations, the next available slot shall be provided to the User. However, no cancellations are allowed prior to 2 hours or before of the booking and in case of a cancellation prior to 2 hours or before to the booking, the full amount paid will be deducted.

10. PURCHASE POLICY

For the purchase of merchandise from the Website, the Company accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking; and other payment methods may be added from time to time.
Upon successfully completing payment for the purchase of a product through the Website, you will receive a confirmation in the form of a confirmation page or email or SMS. However, in case of non-receipt of confirmation and/or if after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same from your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. The Company will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

11. DAMAGES AND ISSUES

Please inspect your order upon reception and contact the Company immediately if the item is defective, damaged or if you receive the wrong item, so that the Company can evaluate the issue and make it right.
Exceptions / non-returnable items: At the time of purchase of any product, the Company may indicate that item being purchased by you is non-returnable (e.g. Customised items). Items purchased on sale items or gift cards are non-returnable. Please get in touch if you have questions or concerns about your specific item.
Exchanges: The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
Refunds: The Company will notify you once it has received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

12. INDEMNIFICATION

You agree to indemnify, defend and hold the Company, and any of their respective officers, directors, employees, agents, representatives, franchisor, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.

13. PRIVACY POLICY

You hereby consent, express and agree that you have read and fully understand the https://fiveirongolf.in/privacy-policy/ of the Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you. Any customer grievances can be reported through the email ID specifically dedicated to address all customer concerns.

14. ENTIRE AGREEMENT

The Terms and Conditions of Use, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

15. SEVERABILITY

The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.

16. GOVERNING LAW

The Terms and Conditions of Use, its performance and all disputes arising out of or in connection with the Terms and Conditions of Use shall be governed by the laws of India.

17. ARBITRATION

All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be appointed by the Company. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

18. DISRUPTION OF SERVICES

The Company does not guarantee that the Website will function without interruption or errors. The operation of the Website may be interrupted due to maintenance updates, or system or network failures. Incase, you have purchased any product or paid an amount for any Service, but you do not receive a confirmation email/message from the Company regarding the same, you may contact the Company at info@fiveirongolf.in The Company will initiate a refund within 7 to 10 business days after receiving the complaint.

In the event your entry at Company Premise or use of Company Product is restricted due to any unexpected closure of the Company Premise or technical issues in the Company Product, the Company will initiate a refund of the full amount within 7 to 10 business days or reschedule your visit on a later date. However, if the Company Premise has been shut down pursuant to a Force Majeure Event, the Company shall not be liable to provide a refund of the ticket amount.

19. TERMINATION

Either you or the Company may terminate your account at any time, for any reason, without explanation. The Company reserves the right to immediately suspend or terminate your access to the Website, without notice, upon any breach of this Agreement by you which is brought to the attention of the Company, or while investigating a potential breach.
The Company reserves the right to immediately suspend or terminate your access to the Website, without notice under the following conditions:
- You are in violation of these Terms and Conditions of Use.
- upon any indication or suspicion that your profile is displaying false information, including but not limited to the wrong LOCATION information.
- if you are accessing the service from an IP address where spam has been identified as originating from in the past, or from an IP address located within an IP block, or an IP range, where spam has been identified as originating from in the past.
- if you create multiple accounts within the network. While members are encouraged to join multiple sites within the network, multiple accounts are not allowed. Likewise, the repeated deletion of an account, followed by the creation/recreation of a new account can result in automatic deletion and banning from the Website if this process is abused (as determined by "the Company" at its sole discretion).
- if the Company determines, in its sole discretion, that your actions towards other members, or towards the Website, or its employees, or its moderators, are, or have been, abusive and/or disruptive in any way.
- if you post negative and/or disparaging comments about other members, or about the Website, the Company, or about its employees, or about moderators, in any public area of the Website network
- You can use the Website for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
- You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Account may be deactivated due to prolonged inactivity.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Account may be deactivated due to prolonged inactivity.
The following sections will survive any termination of these Terms or of your Accounts: Your Grant of License to the Company for user-provided content, Indemnity, Disclaimers, Disclaimer of Warranty and Limitation of Liability, Termination, and Miscellaneous.

20. CONTACT US

If you have any questions or concerns regarding this Agreement, please contact us at: info@fiveirongolf.in.