TERMS OF USE AND PRIVACY POLICY
1 INTRODUCTION
1.1 Welcome to the GOLFO app and Platform (“the Platform”) at https://www.GOLFO.io. Please read these terms and conditions (“Terms and Conditions”) so that you can understand how they apply to your use of the platform
1.2 Tee Master Proprietary Limited t/a GOLFO (registration number 2024/119652/07) (“GOLFO”) is a private company duly incorporated and registered in the Republic of South Africa, with its business address at 3 Peruzzi Duo Via Centrale, 10 Centre Road, Morningside, 2196. GOLFO can be contacted on hello@GOLFO.io. GOLFO owns and operates the platform.
1.3 We grant you a limited, non-exclusive, non-transferable license to use the Platform for personal, non-commercial use, subject to these T&C’s. You agree not to modify, reproduce, or distribute the Platform or any part of it.
1.4 By using the Platform, you confirm that you have read and understood the Terms and Conditions and agree to be bound by them. These Terms and Conditions constitute the whole of the agreement between GOLFO and you relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms and Conditions not incorporated herein shall be binding on GOLFO and yourself.
1.5 GOLFO reserves the right to suspend the Platform or any part thereof at any time, at its sole discretion.
2 INTERPRETATION AND DEFINITIONS
Unless the context otherwise requires, words used herein importing the singular shall include the plural and vice versa, a natural person shall include an artificial person and vice versa and the one gender shall include the other gender and vice versa. In these Terms and Conditions a reference to –
2.1 “business day” means any day other than a Saturday, Sunday or public holiday;
2.2 “business hours” means the hours between 08h30 and 17h00 on a Monday to Friday. Any reference to time shall be based upon South African Standard Time;
2.6 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002, as amended, from time to time;
2.7 “booking” means a booking made on the platform with a “SUPPLIER” at the stated price reflected on the Platform;
2.8 “personal information” means any information provided to GOLFO by you which is of a personal nature and includes but is not limited to, your identity/registration number, gender, marital status, occupation, financial and/or employment history, email addresses, physical addresses, location, data billing information and/or personal information as defined in any applicable data protection legislation including the POPIA but specifically excluding but not limited to information which is (i) in the public domain; and (ii) required to be disclosed by any applicable law .
2.9 “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended, from time to time;
2.10 “processing” means processing as defined in POPIA which includes any operation or activity, whether or not performed by automatic means, concerning personal information, including, but not limited to, the distribution, collection, use, alteration, storage and/or destruction of the personal information and the term “process” shall bear a corresponding meaning;
2.11 “products” means the products to be found for sale on the Platform, which generally refers to bookable time slots at golf courses, or golf coaches, provided by suppliers;
2.12 “supplier” means any supplier from which GOLFO sources products and the term “suppliers” shall bear a corresponding meaning;
2.13 “VAT” means value added tax as defined in the Value Added Tax Act 89 of 1991, as amended from time to time.
2.14 A “User” refers to any individual who accesses, registers for, or utilizes the Platform to browse, book, or manage time slots at participating suppliers. This includes both registered account holders and non-registered individuals who engage with the services provided in any capacity.
2.15 A “Booking Fee” is the amount charged to the User at the time of confirming a booking through the Platform. This fee may include the cost of the time slot, applicable taxes, and/or additional service fees determined by the supplier and/or GOLFO. Booking Fees are displayed at the time of checkout and must be paid in full to secure the reservation.
2.16 The “Cancellation Period” refers to the timeframe during which a User can cancel a confirmed booking and potentially receive a refund, in accordance with the cancellation policy of the supplier and/or GOLFO.
3 REGISTRATION
3.1 The Platform is supplied by GOLFO.
3.2 In order to register and create a personal account (“GOLFO Account”) with GOLFO, you shall be required, as an individual or on behalf of an entity, to –
3.2.1 access the Platform directly; and
3.2.2 provide GOLFO with your/the entity’s personal information and any other information which GOLFO may deem to be necessary in order to process and secure your booking at the relevant ” Vendor”
3.3 Upon registration with GOLFO, you shall be provided with a GOLFO account and a password of your choice which will enable you to access your GOLFO Account in order to make a booking.
4 AVAILABILITY
GOLFO cannot always guarantee the availability of the products as GOLFO relies on the availability of its SUPPLIERS. GOLFO will update the timesheets from time to time and as soon as it becomes aware of any product becoming unavailable and/or discontinued.
5 BOOKINGS AND PRICING
5.1 In order to place an order, you shall be required, as an individual or on behalf of an entity, to access the Platform and follow the instructions set out therein;
5.2 Users may book time slots with participating suppliers through the Platform. Each booking is subject to availability and the terms and conditions of the respective suppliers.
5.3 A booking is considered confirmed once payment has been successfully processed, and a confirmation notification is sent to the user through the Platform or email.
5.4 Users are responsible for verifying the details of their bookings (e.g., date, time, location, and number of players) before finalizing the reservation. Errors in booking details caused by user input will not be the responsibility of GOLFO.
5.5 GOLFO reserves the right to refuse and/or reject your order for any reason whatsoever which includes but is not limited to the following –
5.5.1 the requested slot being unavailable from GOLFO or its suppliers;
5.5.2 inability to obtain authorisation of payment;
5.5.3 The selected time slot is no longer available due to overbooking, maintenance, or unforeseen circumstances;
5.5.4 The supplier is temporarily closed due to weather, operational issues, or emergencies;
5.5.5 Suspicious or fraudulent payment activity is detected;
5.5.6 The booking violates any of the supplier’s rules or policies;
5.5.7 The booking violates the Terms and Conditions or other policies of GOLFO or the supplier;
5.5.8 The user provided false or incomplete information during the booking process;
5.5.9 The booking request was affected by a technical glitch, such as duplicate bookings or incorrect pricing due to system errors;
5.5.10 Communication issues with the supplier’s reservation system prevent confirmation;
5.5.11 The user does not meet the age or eligibility criteria set by the supplier for certain bookings;
5.5.12 The booking appears to be part of fraudulent, automated, or spam-like activity;
5.5.13 Multiple bookings by the same user that appear inconsistent with genuine use (e.g., mass reservations without valid justification);
5.5.14 The user has unresolved disputes or outstanding balances from previous bookings; and/or
5.5.15 Unexpected external events (e.g., natural disasters or power outages) impact the supplier’s ability to accommodate bookings.
5.6 All fees for booking, including taxes or service fees, are due at the time of booking. Payments are processed securely through our third-party payment provider, and we do not store payment information.
5.7 When placing an order you are required to (i) be over the age of 18 years; (ii) possess a valid credit card or debit card or be authorised to use any such card; and (iii) follow the instructions set out on the Platform. If under 18 implied consent from legal guardian.
5.8 Should any order be received by GOLFO reflecting your name as the party placing such order, GOLFO shall not be obliged to verify that such order has been placed by you.
5.9 Upon placing any order, you agree to the prevailing prices (“prices”) reflected and quoted on the Platform in respect of the products.
5.10 GOLFO shall be entitled, in its sole discretion, to adjust the prices from time to time. The full price payable for a product can be viewed at the time of placing the order as the pricing is “live”. Pricing will always be displayed or quoted as including VAT. The pricing is quoted based on current times slots and availability.
5.11 All pricing will be in South African Rands (ZAR).
6 METHODS OF PAYMENT
6.1 Payment can be made on The Platform using Paystack. . The transaction will not be completed if the payment is unsuccessful.
6.2 The payment system used by GOLFO is a third party payment processor (“the payment processor”), which links your credit or debit card account to the Platform. The processing of any payments or credits, as applicable, in connection with your use of the Platform shall be subject to the terms, conditions and privacy policies of (i) the payment processor; and (ii) your credit or debit card issuer; in addition to these terms and conditions. GOLFO is not responsible for any errors by the payment processor and you hereby indemnify GOLFO for all loss, liability, damage and/or expense of every nature whatever (including without limiting the generality of the aforegoing, all party and party and attorney and client costs incurred by GOLFO which GOLFO may directly or indirectly suffer and/or incur and/or which may be directly and/or indirectly attributable to any such error/s made by the payment processor in respect of your order.
6.3 By submitting your order, identity number and payment card details, you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
7 SUPPLIER RULES AND REGULATIONS
7.1 You must comply with each supplier’s specific rules and regulations during your visit, including but not limited to dress codes, behavior standards, and etiquette. Failure to follow these rules may result in cancellation of your booking or denial of access to the supplier’s golf course, and we are not responsible for any losses incurred as a result thereof.
8 CANCELLATION AND REFUNDS POLICY
8.1 Bookings made may be cancelled by the user through the Platform subject to the cancellation policies of GOLFO and/or the suppliers. To qualify for a refund, cancellations must be made within the time period specified as the “cancellation period”. Cancellations outside of this timeframe may result in partial or no refunds.
8.2 The Cancellation Period is subject to the terms and conditions of the suppliers.
8.3 In rare cases, a supplier may need to cancel a booking due to unforeseen circumstances, such as weather, maintenance, or other issues. In such cases, the user will have to cancel their booking and make a new booking.
8.4 If a User does not show up for a booked time slot and has not cancelled within the cancellation period, no refund will be provided.
8.5 Refunds are processed back to the original payment method used at the time of booking. Refund processing times may vary depending on your payment provider or financial institution and can take up to 5-14 business days.
8.6 Any transaction fees, service fees, or applicable charges associated with processing refunds may be deducted from the refund amount, as per GOLFO’s Terms and Conditions herein.
8.7 GOLFO does not guarantee refunds for cancellations made directly with the supplier outside of the Platform or for requests made after the booking date has passed.
8.8 For any issues related to cancellations or refunds, please contact our support team at support@GOLFO.io
10 WARRANTIES
You hereby warrant that –
10.1 all information, including without limitation, all information in respect of (i) registration contemplated in clause 3; and (ii) your use of the Platform; provided by you to GOLFO are true and correct in all respects. GOLFO reserves the right to verify, at any time without your prior consent, all information provided by you to GOLFO as aforesaid;
10.2 your GOLFO Account shall be accessed and used solely by you as an individual or on behalf of an entity, as the case may be, and no other person shall be entitled, in any manner whatever and whether with or without your consent, to access and/or use your GOLFO Account;
10.3 you shall not, in any manner whatever, delegate any obligations or cede any rights to any other person in respect of your GOLFO Account;
10.4 your use of the Platform shall at all times be lawful and shall not be used, whether directly and/or indirectly, for illegal and/or fraudulent purposes;
10.5 the Platform shall not be used in a manner which may cause, whether directly and/or indirectly, disruption and/or damage to any third party;
10.6 you, nor any other person/s acting under your direction and/or control, shall not in any manner whatever (i) impair, obstruct and/or harm the operation of the network used in respect of the Platform; and/or (ii) damage or destroy the Platform;
10.7 you shall not reproduce or distribute, in any manner or form whatever, inter alia, the content of the Platform.
10.8 you shall not reverse-engineer, decompile, or disassemble the App.
11 INTELLECTUAL PROPERTY
GOLFO either owns or is licensed to use all intellectual property rights and/or other material on the Platform. You are only permitted to view, print or store electronically a copy of any information on the Platform, including these Terms and Conditions, solely for your personal, lawful, non commercial use and a failure to do so will constitute an unlawful infringement of the intellectual property rights of GOLFO or its licensors.
12 USE OF GOLFO’S LOGOS, CONTENT AND IMAGES
You cannot use the content of the Platform, GOLFO logos or any other images that appear on the Platform without the prior written consent of GOLFO. Failure to comply with this will constitute an unlawful infringement of the intellectual property rights of GOLFO and its licensors.
13 DISCLAIMERS AND EXCLUSIONS OF LIABILITY
13.1 Use of the Platform is entirely at your own risk. GOLFO makes no representations and/or warranties of any kind, whether express or implied. GOLFO accepts no liability, to the extent permitted by law, for any damages, howsoever arising, whether direct, indirect, incidental, special or consequential loss from the access or use of the Platform.
13.2 The Platform is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.
13.3 By using the Platform you hereby agree to indemnify GOLFO against all loss, damage, expense, harm and claims of whatsoever nature which may be made against it by any third party arising out of your use of the Platform and/or its contents contrary to the Terms and Conditions.
14 INFORMATION SECURITY
14.1 GOLFO may request the personal information from time to time. GOLFO may obtain information about your usage of the Platform for reasons GOLFO will communicate to you.
14.2 GOLFO may also email you information about its product offerings and details of certain promotions and special offers. If you do not wish to be contacted for these purposes, you may click on the “unsubscribe” link found at the bottom of all email messages.
14.3 Any information which you upload on the Platform will be stored on a secure server.
14.4 GOLFO will not disclose, sell or rent your personal information to third parties without your consent unless GOLFO is compelled to do so by law. GOLFO may do so if you have granted consent thereto.
14.5 GOLFO cannot guarantee the absolute security of any information you exchange with it. GOLFO will however take reasonable steps in an attempt to protect your personal information.
14.6 It is expressly prohibited for any person, to gain or attempt to gain unauthorised access to any page on the Platform, or to deliver or to attempt to deliver any unauthorised, damaging or malicious code to the Platform. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the Platform or attempts to gain unauthorised access to any page on the Platform shall be held liable for all damages and loss suffered by GOLFO as a result thereof.
15 PROCESSING OF PERSONAL INFORMATION
15.1 GOLFO takes the privacy rights of its customers and users of the Platform very seriously. This privacy policy explains how your personal information may be processed and for what purposes GOLFO may use identifiable and non-identifiable information.
15.2 From time to time GOLFO may have to amend this privacy policy to accommodate changes in our business and/or services and/or legal requirements.
15.3 The POPIA is aimed at protecting your personal information and prescribes what GOLFO must and must not do with it.
15.4 You may not access the Platform if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
15.5 You may only send GOLFO your own personal information or the information of another data subject where you have obtained their permission to do so.
15.6 Should the personal information change, please inform GOLFO and provide GOLFO with updates to the personal information as soon as reasonably possible to enable GOLFO to update the personal information.
15.7 You may choose to provide additional personal information to GOLFO, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
15.8 GOLFO may also collect anonymous, non-personal data, such as your Internet Protocol (IP) address (when collecting your IP address, GOLFO de-identifies it by just using the three first groups of numbers in the IP address), browser type, and operating system through the use of “cookies.” GOLFO may use cookies to keep track of your visits to the Platform in order to optimise the user experience. A “cookie” is a small file that can be stored by your browser on your computer’s hard drive. Please be aware that “cookies” may be used to compile anonymous statistics related to your pattern of browsing on the Platform. When used in this manner you are not individually identified. Data collected in this manner is used only in aggregate form. The data is not combined with, or matched to, any of your personal data. You can usually change your browser’s settings so that it will not accept cookies, although this may make it difficult for you to use some areas of the Platform.
15.9 For statistical purposes GOLFO may also collect information to analyse traffic to the Platform. This information is not personally identifiable.
Why GOLFO requires your personal information
15.10 GOLFO may process the personal information for the following purposes –
15.10.1 for GOLFO’s product development or enhancement, for content improvement, and to customise the content and layout of the Platform;
15.10.2 when you sign up for online services like e-mail newsletters, GOLFO uses your e-mail address to send the information which you have requested;
15.10.3 contact information may be used to send you information about GOLFO and to send you occasional promotional material such as information about special offers which GOLFO thinks you may find valuable or information about functionality changes to the Platform, or information about upcoming events or contests sponsored by GOLFO.
Right to access and correct personal information
15.11 Upon request by e-mail or by mail to the addresses set out above, GOLFO will provide you with a summary of any personal information collected and retained by GOLFO. You may modify, correct, or update your personal information or request to have your personal information removed from GOLFO’s database. GOLFO will only send copies of personal information to the e-mail address on file for the visitor name associated with it.
Non-disclosure to third parties
15.12 GOLFO will only share the personal information with parties that help it to provide its services to you and which have agreed to keep your personal information secure and confidential as set out herein.
15.13 GOLFO is entitled to process and/or disclose the personal information if such processing and/or disclosure is required in order to comply with any applicable law and to protect and defend its rights or property.
15.14 GOLFO will ensure that all of its employees and third party service providers having access to the personal information are bound by appropriate and legally binding confidentiality obligations in relation to the personal information.
15.15 GOLFO agrees –
15.15.1 to treat the personal information as strictly confidential, save where GOLFO is entitled to share it as set out in this privacy policy;
15.15.2 to take appropriate technical and organisational measures to ensure that the personal information is kept secure and is protected against unauthorised or unlawful processing;
15.15.3 to provide you with access to the personal information to view and/or update personal details;
15.15.4 to promptly notify you if it becomes aware of any unauthorised use, disclosure or processing of the personal information;
15.15.5 to provide you with reasonable evidence of GOLFO’s compliance with its obligations under this privacy policy on reasonable notice and request;
15.15.6 upon your request, to promptly return or destroy any and all of the personal information in its possession or control, save for that which it is legally obliged to retain; and
15.15.7 not to sell or make the personal information available to any third party other than as provided for in this privacy policy.
Retention and security
15.16 GOLFO undertakes not to retain the personal information for longer than the period for which it was originally needed, unless it is required by law to do so, or you consent to GOLFO retaining such information for a longer period.
Your consent
15.17 GOLFO will not require you to consent to the processing of personal information beyond that required to fulfil the explicitly specified and legitimate purposes for which the personal information is being provided. By accessing the Platform, you consent to the processing of the personal information by GOLFO in the manner set out in this privacy policy. Should GOLFO change its privacy policy, it will post such changes on the Platform so that you are always aware of what information is collected, how it is used and under what circumstances it may be processed. The privacy policy posted at any time or from time to time via the Platform shall be deemed to be the privacy policy then in effect.
Opt out – once your consent has already been provided
15.18 GOLFO provides you with the opportunity to opt out of receiving promotional and marketing information from GOLFO at the time that it collects your personal information and each time it sends you information. By clicking on the “unsubscribe” link found at the bottom of all email messages, you may withdraw your consent to the processing of the personal information by GOLFO (subject to legal or contractual restrictions).
16 FORCE MAJEURE
16.1 GOLFO shall not be liable to you for any breach, hindrance or delay in the performance of any obligation attributable to any cause beyond the reasonable control of GOLFO, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
16.2 Either you or GOLFO may terminate any contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of 5 business days or more, in which event neither you nor GOLFO shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
17 NOTICES
Any notice under these Terms and Conditions shall be in writing and may be served by personal delivery or by email to the relevant party at the address or email of the relevant party last known to the other. GOLFO chooses 3 Middle Lane, Sandown, 2196 as its physical address for receipt of legal service.
18 GOVERNING LAW AND JURISDICTION CHECK IF THIS NEEDS TO CHANGE FOR GLOBAL APPLICATIONS
These Terms and Conditions are governed by and construed under the laws of the Republic of South Africa and you hereby consent to the non-exclusive jurisdiction of the High Court in Johannesburg, South Africa.
19 ACCURACY OF PLATFORM CONTENT
19.1 GOLFO does not warrant that the content or information displayed on the Platform is always accurate, complete and/or current.
19.2 GOLFO reserves the right at any time to change or discontinue without notice, any aspect or feature of the Platform. No Information contained on the Platform shall be construed as advice and same is offered for information purposes only.
20 AMENDED OR UPDATED TERMS
20.1 GOLFO may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of the Platform will mean you accept any updated or revised Terms and Conditions.
20.2 Accordingly you agree to review these Terms and Conditions periodically, and your continued access or use of the Platform shall be deemed to be your acceptance, from time to time, of the amended Standard Terms and Conditions.
21 GENERAL
21.1 These Terms and Conditions shall commence from the date on which they are published on the Platform and continue indefinitely, as amended by GOLFO from time to time, for so long as the Platform exists and is operational. GOLFO shall be entitled to terminate these Terms and Conditions and/or shut down the Platform at any time.
21.2 No failure or delay by GOLFO in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the rights of GOLFO under these Terms and Conditions.
21.3 Should any provision in these Terms and Conditions be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other provision or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable provision.
21.4 You shall not assign, transfer, novate, charge, sub contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
21.5 Any and all copyright subsisting in the Platform vests in GOLFO or its licensors, as the case may be, and all rights not expressly granted are reserved.
22 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
22.1 These Terms and Conditions are subject to the provisions of the ECT Act and any of the terms that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such provisions of the ECT Act.
22.2 In terms of the ECT Act, GOLFO will provide you with the opportunity to review the entire transaction, correct any mistake and withdraw from the transaction before placing an order.