Terms and Conditions
Terms and Conditions
Welcome to GolfSim! GolfSim is division of Golf Simulator Consultants Ltd. based in Calgary, Alberta, Canada. These terms and conditions outline the rules and regulations for the use of GolfSim's Website, located at golfsim.ca
By accessing this website we assume you accept these terms and conditions. Do not continue to use GolfSim if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
GolfSim is the tradename for Golf Simulators Consultants Ltd. and is a registered business in the province of Alberta, Canada. This agreement is with “GolfSim” and “the Customer” directly and not with any other corporation or organization that GolfSim may represent or engage in other businesses with.
GolfSim warrants that all installation and services shall be performed in a first class workmanship, and materials shall be provided free from defects.
a) Tracking systems, Computers, Projectors, Netting, Impact Screens, Golf Enclosures, Mats, Turf will be covered by the original manufacturer’s warranty and the customer shall be responsible for removing and installing the replacement component (s). Any onsite repair or replacement of goods by GolfSim is subject to a repair/installation charge (including associated travel costs).
b) Normal wear and tear of materials is not covered by this warranty. The impact screen, side wall and ceiling panels, hitting turf, and other components will show wear (and eventually fail) from repeated impacts. For example, in a commercial environment, the customer should expect to replace the impact screen every couple of years. Warranty on wear items are as follows:
Strike mats shall be free from defect for 1 year after installation. Surrounding area turf and rough shall be free from defect for 1 year. This warranty covers material only and not labor or associated travel costs.
Impact screen and the surrounding trim shall be warrantied for 30 days for rips and tears caused by regular use of golf ball impact. Damage caused by improper installation shall be covered for 1 year. Damage caused by misuse (projectiles other than golf balls, club strikes etc.) shall not be covered. This warranty covers material only and not labor or associated travel costs.
c) Uneekor EYE XO Sensor Warranty: UNEEKOR warrants Sensor (Floor or Ceiling) will be free from defects in materials and workmanship (“Limited Warranty”) for a period of one (1) year from the original date of purchase of the Product (“Limited Warranty Period”) in accordance with the terms and conditions set forth herein. This Limited Warranty will be void if any alterations, modifications, repairs or other work are performed on the Product by any party other than UNEEKOR. This Limited Warranty will also be void with regard to defects caused by any reason outside the control of UNEEKOR including but not limited to misuse, modiﬁcation, improper maintenance, accidental impacts, or acts of God such as lightning strike or natural disasters. This Limited Warranty is invalid if the factory-applied serial number has been altered or removed from the Product. This Limited Warranty covers only the non-consumable hardware components packaged with the Product. It does not cover consumables such as batteries or ﬂash units, technical assistance for hardware or software usage and it does not cover any software products whether or not contained in the Product.
d)Sensor Strike Warranty – EYEXO : In conjunction with the terms of the Limited Warranty of the Product, Uneekor will cover the repair or replacement of a sensor unit for two (2) years from the original date of purchase of the Product (“Strike Warranty Period”), or two occurrences, in the event of a ball strike on the unit, in accordance with the terms and conditions set forth herein. This Strike Warranty will be void if any alterations, modifications, repairs or other work are performed on the Product by any party other than UNEEKOR. This Strike Warranty will also be void with regard to defects caused by any reason outside the control of UNEEKOR including but not limited to misuse, modiﬁcation, improper maintenance, accidental impacts, or acts of God such as lightning strike or natural disasters. Please refer to the Limited Warranty for full details
Customer shall make a non-refundable deposit of 50% of the total invoiced amount to begin the order process, followed by 25% just prior to installation. The remaining 25% balance will be due on completion of the install. For Do-It-Yourself (DIY) components and equipment delivered/shipped to the client, 100% payment is due prior to shipping/delivery.
3. Acceptance of Shipments
Simulator shipping costs are based on the customer receiving multiple shipments of assorted components. The customer shall be responsible for accepting shipments and storing in a dry and protected environment until installation. Customer shall inspect the outside of packages received and alert GolfSim of any signs of damage as soon as the package(s) is received. Execution of this agreement acknowledges acceptance by the customer of his/her responsibility associated with receiving shipment of the goods.
Customer agrees that the goods remain the property of GolfSim until payment is made in full. In the event the customer is unable to make a payment in full at the time of completion of install, GolfSim reserves the right to retain or repossess any or all the equipment until the payment is received.
Upon completion of the install, the customer or a representative of the customer will need to be present to sign off on satisfactory installation and provide final payment, if pending for the balance of the agreement. Thereafter, the installer can provide training session on the use of the simulator and its features.
6. General Limitations of Liability
GolfSim shall in no event be liable for any loss or damage arising, directly or indirectly, from the use or the use of goods, including ant product liability, and/or for any indirect or consequential loss of damage of any nature whatsoever, including but not limited to loss of profit, loss of interest, loss due to injury or damage, or other losses sustained by the customer or third parties arising out of the use or inability to use the goods. Customer agrees, to the fullest extent permitted by law, to indemnify GolfSim & Golf Simulator Consultants Ltd. and its employees or contractors from any cost, injury and damage incurred by, or to any person, or property whatsoever related to the installation and use of the goods.
Online & Digital Terms & Conditions
Unless otherwise stated, GolfSim and/or its licensors own the intellectual property rights for all material on GolfSim. All intellectual property rights are reserved. You may access this from GolfSim for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from GolfSim
Sell, rent or sub-license material from GolfSim, unless otherwise pre-authorized by GolfSim
Reproduce, duplicate or copy material from GolfSim
Redistribute content from GolfSim
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. GolfSim does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of GolfSim, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, GolfSim shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
GolfSim reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant GolfSim a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of GolfSim; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Golf Sim. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of GolfSim's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.