Our Terms and Conditions.

The services available from the Handicap Tour application (herein "Application") and website at https://www.handicaptour.co/ (collectively herein "Services") are made available to you by Handicap Tour (Pty) Ltd, a South African private company with registration number 220/81664/07 (herein "Handicap Tour") with the following further details:

These Terms must be read together with our prevailing terms, policies and the like published by us in relation to our Services. If there is any conflict between these Terms and any other agreements, policies, or terms published by us in relation to our Services, these Terms shall prevail.

We reserve the right to change these Terms from time to time in our sole discretion. Your continued use of the Services after the publication of such amended terms shall constitute your consent and agreement to the Terms, as amended. You agree to keep yourself apprised of our prevailing Terms.

For purposes of these Terms, "Parties" refers to Handicap Tour and you, and "Party" refers to either, as the context may indicate.

This clause 3 applies to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (herein "CPA").

Your attention is drawn to the fact that these Terms contain provisions which may:

Handicap Tour makes available the Services in the manner and form it decides in its sole and unfettered discretion from time to time. Handicap Tour shall not be obliged to give you prior notice of any changes to the Services.

The Services are available to players between the ages of 7 – 100. If you are a minor, you may not use the Services without the lawful consent of your parent or guardian.

In order to use the Services, you will need to register a unique user account with us (herein "User Account"), providing the information requested. You may not create more than one User Account. Upon successful completion of the registration process, you will be provided with your unique account via the Application.

In your use of the Services, you agree not to:

The Application provides a platform for golfers to register for and participate in selected real world golfing tournaments (herein "Tournament"), each of which comprises a series of golf games (herein "Game"). Tournaments and Games are hosted by independent third-party organisers. While we provide the platform to access and register for Games, Handicap Tour does not organise or manage the Games or Tournaments themselves.

In order to register to participate in any Games, you will be required to purchase a season pass (herein "Season Pass"). A Season Pass grants you access to all Games within a Tournament for the season in which the Season Pass was purchased, and allows you to participate as an individual or as part of a team.

Handicap Tour is not affiliated with any golf clubs or courses.

For clarity, your Season Pass does not include any green fees or other amounts which may be charged outside of the Application by the organiser of a Game or the particular golf club at which a Game is held. Such charges are for your account.

A Season Pass becomes active once payment has been successfully processed. You can access a record of your active and past purchases in your User Account at any time.

To the maximum extent permitted under the CPA and other applicable law, Season Passes are non-refundable and non-returnable.

We may, in our sole discretion, offer discounted pricing on Season Passes, including for promotional or early-bird offers.

You agree to abide by the official "Rules of Golf" as published by R&A Rules Limited, as may be amended from time to time, available at https://www.randa.org/en/rog/the-rules-of-golf (herein "R&A Rules").

Failure to submit a scorecard on the day of Game for any reason, whether due to non-participation in the Game or otherwise, will result in receiving zero points for that Game. You are required to supply a reason for your failure to attend a registered Game.

If there is any discrepancy between the scorecard submitted via the Application and the official scorecard recorded at the club, this will result in immediate disqualification from the Game.

You agree to keep your User Account login details strictly confidential and not to disclose them to any other person. Handicap Tour shall not be liable for any loss or damage you may suffer as a result of unauthorized access to your User Account arising from your failure to maintain the confidentiality of your login details.

You agree to notify us by email as soon as you become aware of any fact, circumstance, or eventuality that may lead to the security of the Services being compromised.

You are hereby notified that it is a criminal act to circumvent, disable, or otherwise interfere (or attempt to do so) with our security measures and you agree not to do so, either directly or indirectly.

The Application includes an internal wallet feature denominated in HT$, where 1 HT$ = 1 ZAR (herein "HT$ Wallet"). This wallet is used to manage funds for the purchase of Season Passes, the payment of Sponsorships, and withdrawals. You do not earn interest on funds held in your HT$ Wallet.

Any payments into or out of your HT$ Wallet are facilitated by one of our secure third-party Payment Gateways, currently Peach Payment Services (Pty) Ltd and PayPal Holdings Inc. (herein each a "Payment Gateway"). By submitting your payment information, you consent to the Payment Gateway processing such information for the purposes of facilitating the transaction, in accordance with their applicable privacy policy, security procedures and terms and conditions.

It is your sole responsibility to ensure that the banking details entered on the Application are complete and correct for purposes of facilitating any payments out of your HT$ Wallet. Handicap Tour shall not be liable for any payments made into an incorrect bank account provided by you.

Any bank charges or fees imposed by a Payment Gateway in connection with payments into or out of your HT$ Wallet shall be for your own account. A minimum withdrawal amount of R100 applies, and you may be required to validate your identity in order to withdraw funds from your HT$ Wallet.

You agree that you will comply with all applicable data protection and privacy laws and regulations, including, but not limited to, the Protection of Personal Information Act No. 4 of 2013, as amended (herein "POPIA"), and any regulations thereto, to the extent applicable to the processing of personal information in connection with these Terms.

You will ensure that any personal information submitted to us by you or on your behalf may be lawfully used by us in the rendering of the Services to you. You specifically warrant that you have obtained and maintain all necessary consents and authorisations for such processing by the Handicap Tour.

For purposes of these Terms, the term "Intellectual Property" includes, without limitation, all intellectual property and similar proprietary rights, however arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trade marks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets, know-how, goodwill, and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives, and embodiments of the aforegoing.

Handicap Tour (or its licensors, as the case may be) own all right, title, and interest in any Intellectual Property in and to the Services, inclusive any adaptations thereof. This includes, without limitation, our proprietary formula for the calculation of a user's unique Handicap Tour index.

You are only authorised to use the Services in accordance with these Terms and while you maintain a valid User Account. Your permitted use is non-exclusive, non-sublicensable, and personal.

You agree to notify us by email as soon as reasonably possible upon becoming aware of any actual or likely infringement of our rights in and to the Services, or any possible claim that the Services or any part thereof may infringe upon the rights of a third party.

All Intellectual Property not expressly granted herein shall remain reserved to us in full.

You warrant and represent, as material warranties, inducing us to allow you to use the Services and associated services, that:

We may suspend your User Account without prior notice to you if we have reason to suspect that you are using it in contravention of these Terms or if we need to do so to protect the Services, or other users thereof, for any reason.

We may make the re-activation of your User Account pursuant to a suspension conditional upon compliance with such conditions as we may deem appropriate in our sole discretion.

We may terminate your User Account on written notice to you if you have committed a breach of these Terms, in which case we will be entitled to exercise any rights and remedies available to us at law or otherwise (including the right to recovery of damages).

Upon the termination of your User Account for any reason, you shall forfeit any accrued rights and entitlements without any claim arising from it against us or any other party.

The provisions of this clause 14 shall apply for the benefit of us and any other company that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with us (herein "Affiliate").

For the purposes of these Terms, a "Force Majeure Game" shall mean:

Notwithstanding anything to the contrary, we shall not be liable to you for any non-performance of the Services insofar as such non-performance is caused by a Force Majeure Game, which relief shall take effect when we notify you thereof in writing.

If a Force Majeure Game lasts for a period exceeding 90 calendar days, we will be entitled to terminate these Terms on notice in writing to you, in which case your User Account shall similarly be terminated in accordance with clause 15.

Each Party hereby chooses as its address for service and receipt of notices (i.e. domicilia citandi et executandi) for purposes under these Terms, whether in respect of judiciary process or otherwise, that Party’s nominated physical address or email address (hereafter each a "Notice Address"), which in our case shall be details set out above at clause 1.1 and in your case the prevailing details as configured in your User Account. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 16.

Any notice served on a Notice Address before 17h00 in the recipient's time zone shall:

We may change our Notice Address from time to time by amending these Terms, which change shall take effect on publication of the updated Terms. You may amend your Notice Address by updating such information in your User Account on the Application, provided that in respect of its physical address, such address must not be a forwarding address.

In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient’s time zone, then delivery shall be deemed to have taken place on the next day.

A delivery or read receipt generated by a sender's email application (not server) shall constitute face value (i.e. prima facie) proof of the message being capable of retrieval by the recipient.

The provisions of this clause 16 do not preclude a serving Party from otherwise proving that a notice was in fact duly received by a receiving Party.

Any reference to a statute or other regulatory enactment is to that statute or other regulatory enactment as amended or re-enacted from time to time.

When any number of days is prescribed in these Terms, it shall be reckoned exclusively of the first and inclusively of the last day.

Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

The rule of interpretation that a contract shall be interpreted against the Party responsible for the drafting and preparation thereof (the contra proferentem rule) shall not apply.

Unless the context shows otherwise, a clause which includes a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it (i.e. the application of the eiusdem generis rule of interpretation is excluded).

The termination or expiry of these Terms shall not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.

In the event that any right or remedy is expressly stated to be available to any of the Parties in particular circumstances, such right or remedy shall be available without prejudice to or limitation of any other right or remedy that may be available to that Party in such circumstances, unless the contrary is expressly stated.