Leading Courses: Leadingcourses B.V., the owner and provider of the website www.leadingcourses.com, whose principal place of business is at Europalaan 400, 3526 KS Utrecht, the Netherlands
Leading Courses Content: all content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website, with the exception of User Submissions
Leading Courses account holder: a registered User of the website www.leadingcourses.com
Membership Areas: parts of the Website for which Users can register and where Users can for instance place User Submissions
Services: any products, software, and services provided on or from the Website, any web page and content of the Website, as well as the professional services provided on or via the Website performed or made available by Leading Courses or others
Website: www.leadingcourses.com and its subpages
Any use of the Website and the Services is subject to the Conditions. Also, these Conditions apply to all offers and agreements to which Leading Courses is a party.
02. Accepting the Conditions
In order to use the Webite and the Services, the User must firstly agree to the Conditions. The User accepts the Conditions by using the Website and /or Services. By using the Website the User furthermore consents to having his or her personal data transferred to The Netherlands and accepts that his/her personal data will be processed in accordance with the provisions of Leading Courses’ Privacy Statement. The User may not use the Website and/or the Services if he or she does not accept the Conditions. The User may not use the Website and/or the Services and may not accept the Conditions if (a) the User is not of legal age to form a binding contract with Leading Courses, or (b) the User is legally prohibited from receiving or using the Website and/or the Services under the laws of the country in which it’s a resident or from which he accesses or uses the Website and/or the Services.
03. Changes to the Conditions
Leading Courses may make changes to the Conditions. When these changes are made, Leading Courses will make a new copy of the Conditions available at the Website. The User understands and agrees that if the User uses the Website and/or the Services after the date on which the Conditions have changed, Leading Courses will treat the use as acceptance of the updated Conditions.
04. Leading Courses Community
In order to access some features as well as the Membership Areas of the Website and the Services provided thereon, the User will have to register. When registering, the User must provide accurate and complete information. The Leading Courses account is and the log-in details are exclusive and strictly personal. The User agrees that he or she will be solely responsible (to Leading Courses, and to others) for all activity that occurs under its Leading Courses account.
05. General restrictions on use
- the User agrees not to (commercially) distribute any part of or parts of the Website, including but not limited to any User Submissions, in any medium without the prior written authorization of Leading Courses;
- the User agrees not to alter or modify any part of the Website or any of the Services in an unauthorised manner;
- the User agrees not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or Leading Courses Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
- the User agrees not to use the Website or any Services, User Submissions and/or Leading Courses Content for any commercial use, without the prior written authorization of Leading Courses.
- the User agrees not to collect or harvest any personal data of any User of the Website or any Service (and agrees that this shall be deemed to include Leading Courses account names);
Leading Courses is constantly innovating in order to provide the best possible experience for its Users. The User acknowledges and agrees that the form and nature of the Website and Services which Leading Courses provides may change from time to time without prior notice to the User. As part of this continuing innovation, the User acknowledges and agrees that Leading Courses may stop (permanently or temporarily) providing the Website and/or Services (or any features within the Services) to the User at the sole discretion of Leading Courses, without prior notice to the User.
06. User Submissions
As a Leading Courses account holder, a registered User may submit image and text content to the Website. The registered User understands that whether or not such User Submissions are published, Leading Courses does not guarantee any confidentiality with respect to any User Submissions. The User retains all of the ownership rights in the User Submissions, but the User is required to grant limited license rights to Leading Courses and other Users. These are described in paragraph 8 of these Conditions (Rights the User licenses). The User understands and agrees that the User is solely responsible for her or her own User Submissions and the consequences of posting or publishing them. Leading Courses does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Leading Courses expressly disclaims any and all liability in connection with User Submissions. The User represents and warrants that he or she has (and will continue to have during his or her use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Leading Courses to use his or her User Submissions for the purposes of the provision of the Services by Leading Courses, and otherwise to use his/her User Submissions in the manner contemplated by the Website and these Conditions.
07. Content of User Submissions
There is a prohibition against placing content on the Website if, in the opinion of Leading Courses, its nature, content or impact is:
- content in the field of pornography;
- content containing discrimination, slander, defamation and/or any provocation, exchange of abuse or incitement to hatred;
- content that might be felt to be threatening;
- content that (disproportionately) infringes on the privacy and personal life of a natural person;
- content infringing any intellectual property right, including copyright, belonging to Leading Courses or to third parties;
- content that can be assumed to be in any other way illegal;
- content for commercial purposes;
- content that might interfere with the proper performance of a computer or computer network;
- content that is not in the spirit of or is incompatible with the editorial policy of Leading Courses and/or that might (disproportionately) harm the interests of Leading Courses and/or its employees.
The User agrees that he or she will not post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless he or she has a formal license or permission from the rightful owner to post the material in question and to grant Leading Courses the license referred to in paragraph 8 below. Leading Courses reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Conditions and may remove such User Submissions and/or terminate a User's registration and any User Submission which is in violation of these Conditions at any time, without prior notice and at its sole discretion. The User understands and acknowledges that in using the Website and the Services, he or she may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to him/her. The User agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she has or may have against Leading Courses with respect to any such User Submissions.
08. Rights the User licenses
When the registered User posts a User Submission to the Website, the User grants:
- Leading Courses, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and the business of Leading Courses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
- Leading Courses the right to –if desired also on behalf of User - request the court to order anyone who has infringed upon the licensed intellectual property rights (i) seizure of the infringing act (ii) to pay damages to Leading Courses (ii) to hand over the profits originating from the infringement to Leading Courses and to render account therefor;
- to each User of the Website, a worldwide, non-exclusive, royalty-free, license to access the User Submissions through the Website, and to display such User Submissions on a computer for non commercial, private use to the extent permitted by the functionality of the Website and under these Conditions.
The above licenses granted by the Users in User Submissions are perpetual and irrevocable, but are otherwise without prejudice to his/her ownerships rights, which are retained by the User as set out in paragraph 7 above.
09. Leading Courses Content on the Website
The Leading Courses Content is either owned by or licensed to Leading Courses, and is subject to copyright, trade mark rights, and other intellectual property rights of Leading Courses or the licensors of Leading Courses. Any third party trade or service marks present on the Leading Courses Content are trade or service marks of their respective owners. Leading Courses Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Leading Courses, or the licensors of Leading Courses. Leading Courses reserves all rights not expressly granted in and to the Leading Courses Content. As part of Leading Courses's intellectual property policy, Leading Courses will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
10. Penalty clause
In the event of violation of one or more provisions of paragraph 5 of the Conditions by a User, it will forfeit to Leading Courses, without any further notice or demand required, an immediate payable penalty in the amount of € 25,000.- or a penalty of € 1,000.- per day that such a violation took place and/or continues to take place, with a maximum of € 100,000.-- per violation, without limiting or precluding the rights of Leading Courses to claim in addition from said User any damage which Leading Courses has incurred or may incur.
11. Links from Leading Courses
The Services may include hyperlinks to other web sites that are not owned or controlled by Leading Courses. As an example, on the Website you may find special offers from third parties. To accept an offer, you will first be directed to the website of said advertising company. Leading Courses only acts as an intermediate in this regard in the way that it provides these companies of advertorial space on the Website.
Leading Courses has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party or third party websites. The User acknowledges and agrees that Leading Courses is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. The User acknowledges and agrees that Leading Courses is not liable for any loss or damage which may be incurred by a User as a result of the availability of those external sites or resources, or as a result of any reliance placed by him/her on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
12. Service transactions
Leading Courses and its subsidiaries provide a service for the User to make tee time reservations or purchases ("service transactions"). Each service transaction is governed by these Terms and Conditions and any specific terms and additional fees or charges of a particular transaction will be communicated to you during the check-out process. User agrees that in principle all transactions made by the User on the Site cannot be exchanged and are non-refundable. If a User - during the check-out process - selects the possibility to remain flexible, i.e. has the option to cancel a purchase in the near future, an additional fee (“cancellation fee”) is charged by Leading Courses to cover any fees charged by third parties (including but not limited to tee time resellers, tee-sheet providers, payment solution providers and golf clubs). This cancellation fee is non-refundable. If a User has opted for the option to cancel a transaction by paying the cancellation fee, in general, that purchase needs to be cancelled at least 48 hours in advance of the start of the tee time reservation or purchase. The User needs to cancel the transaction via their User Profile page (user/bookings) or by emailing our Customer Support department (email@example.com). The User will be refunded the full green fee price that was paid. If the agreed services cannot be provided due to force majeure (adverse weather conditions, closure of the course, repairs, etc.), User will be refunded the full green fee price that was paid. We will check with the golf club if User did not receive any other compensation. If the User did receive compensation (rain check or new tee time slot) then a refund will not be possible. A service charge is added to each service transaction to cover transactional, support and marketing costs. This service charge is non-refundable in case of cancellation.
By completing a service transaction for a specific golf club, the User expressly accepts the specific rules (including but not limited to possessing a valid golf federation license and complying with prevailing handicap requirements) of that specific golf club. If a User is not able to play or is prohibited to play at the specific golf club because User does not comply to the specific rules a refund is unfortunately not possible. Please note that a cooling-off period of 14 days in the EU (as stated in the Consumer Rights Directive) for buying online or remote buying is not applicable for purchasing an online service with a specific date, such as a tee time reservation or green fee voucher.
If a registered User wants to terminate its Leading Courses account, the User may do so by (a) notifying Leading Courses at any time and (b) unsubscribing from the Membership area. The notice from the registered User should be made available to Leading Courses by using the contact form.
14. Exclusion of Warranties
Nothing in the Conditions shall affect any statutory rights which the User is always entitled to as a consumer and that the User cannot contractually agree to alter or waive.
The Services are provided "as is" and Leading Courses makes no warranty or representation to the User with respect to them.
In particular Leading Courses does not represent or warrant to the User that:
- Nothing in the Conditions shall affect any statutory rights which the User is always entitled to as a consumer and that the User cannot contractually agree to alter or waive.
- The Services are provided "as is" and Leading Courses makes no warranty or representation to the User with respect to them.
- In particular Leading Courses does not represent or warrant to the User that:
15. Limitation of Liability
The total liability of Leading Courses for culpable failure to fulfil the contract is limited to direct losses or damages and to a maximum of the amount that the Customer most recently paid to Leading Courses in payment for goods or services supplied in terms of the relevant contract. “Direct loss” is understood to mean only the reasonable costs that the User must incur in order to make the User’s performance coincide with the contract.
In cases other than those covered by this Article, Leading Courses may not be held liable for loss by Users or others, irrespective of the grounds upon which an action for compensation may be based.
The Conditions constitute the whole legal agreement between the User and Leading Courses and govern the use of the Website and Services and completely replace any prior agreements between the User and Leading Courses in relation to the Website and/or Services.
The User agrees that Leading Courses may provide the User with notices, including those regarding changes to the Conditions, by email, regular mail, or postings on the Website.
The User agrees that if Leading Courses does not exercise or enforce any legal right or remedy which is contained in the Conditions (or which Leading Courses has the benefit of under any applicable law), this will not be taken to be a formal waiver of the rights of Leading Courses and that those rights or remedies will still be available to Leading Courses.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Conditions is invalid, then that provision will be removed from the Conditions without affecting the rest of the Conditions. The remaining provisions of the Conditions will continue to be valid and enforceable.
17. Professional photographers
Leading Courses reserves the right to differentiate from these terms and conditions in an individual case, for instance when making arrangements with its professional photographers.
18. Choice of Law and Choice of Forum
Any and all obligations between Leading Courses and the User, as well as these Conditions, are governed by and construed in accordance with Dutch law, with the exception of the conflict rules under Dutch private international law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) is expressly excluded.
Any and all disputes concerning, arising from or related to a Service or any other agreement between Leading Courses and the User that is governed in full or in part by these Conditions as well as any and all disputers concerning, arising from or related to these Conditions will be finally settled exclusively by the competent court of Utrecht, The Netherlands.