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General
This website (the “Site”) is owned and operated by Caddies Leisure LTD (Company Registration Number: 13980611) d/b/a “caddiesgolf.co.uk” (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Company. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.
If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
● Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
● Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
● Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
● Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
● Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
● Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
● Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
● Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
● Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
● Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: clubhouse@caddiesgolf.co.uk
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the laws of the State of United Kingdom and any dispute shall be subject to binding arbitration in United Kingdom, United Kingdom. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Disclaimer
Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
If you have any questions or concerns regarding our privacy policy please direct them to: clubhouse@caddiesgolf.co.uk
Booking Terms & Conditions
– Reservations can only be made once payment has been made in full online via our ticketing platform. If you experience any issues, please contact us prior to leaving for Caddies.
– Under 18s are welcome into Caddies, but must be accompanied by an adult, with a ratio of one over 18 to every six under 18s.
– Caddies reserves the right to amend, change, or vary pricing, opening hours, or features/facilities without notice.
– Outside Food & Drink is not permitted within Caddies, only food and drink purchased on site may be consumed within the premises.
– We operate a strict Challenge 25 policy so please ensure all members of your party bring a valid for of photo ID. Guests will not be refunded for any of their party who fails to show ID.
– Animals are not permitted in the venue at any time, with the exception of fully trained registered guide/assistance dogs.
– We reserve the right to refuse admission to any party or person. This is down to discretion of the venue manager and security. No refunds are available to any guests not permitted to enter the venue.
– We reserve the right to refuse the service of alcohol at the bar to any party member. This at the discretion of the venue manager and bar staff.
– We do not guarantee that we can reduce the numbers of your booking, amend any details or delay your tee off time if you are running late. Any amendments to your booking are solely at the discretion of the Customer Service Representative or reception team, dependent on a number of circumstances.
– Bookings must arrive 5 minutes prior to your allotted booking slot to ensure your group is ready to tee off on time. ONLY the organiser of the party needs to report to the reception to collect scorecards, the rest of the party are welcome to wait in our bar area.
– If you are late for any reason, albeit unforeseen or otherwise, we cannot guarantee that you will be able to play on your original date at a later time. Any amendments to your booking are solely at the discretion of the Customer Service Representative or reception team, and is dependent on a number of circumstances.
– Please be aware only 6 players can play a hole at one time, please split your party in to groups of a maximum of 6.
– If your booking cannot be fulfilled on your original allotted date or time, we may be able to re-arrange your booking, at the discretion of the Customer Service Representative. In the event of you being unable to attend due to Covid-19 your booking cannot be refunded, but we will reschedule your booking for another date within 3 months of your original visit date, permitting it is for a date of equivalent ticket value/pricing.
– If any members of your party do not attend for any reason, we can potentially exchange your crazy golf ticket in the venue for a voucher that can be used at another time. These vouchers are only valid within three months of your original visit date, and only on a matching priced day (peak, off-peak, etc). If you leave the venue with any unused tickets, unfortunately we cannot exchange these for vouchers and the tickets will not be redeemable.
– The management cannot accept responsibility for the loss or damage from any cause whatsoever to any items left unattended on these premises including in the on-site lockers.
– The party organiser is liable to pay for any damage caused by any member of their party to the venue or courses.
– Club rules must be adhered to at all times. Misconduct caused by any member of the group may result in the entire party being asked to leave the venue. No refunds are available to any guest/s asked to leave the venue.
– At no point should the head of the golf club be raised above ankle height or used in a manner deemed irresponsible. This is closely monitored by security and course staff. We have a zero tolerance policy on this and any party seen breaking this rule will be asked to leave immediately. No refunds are available to any guest/s asked to leave the venue.
– We do not provide refunds under any circumstances. The tickets have been removed from sale on our website and we have therefore lost the opportunity to sell them.
– The legal bit: It is the responsibility of the party organiser to pass on the following information to all of their group members. “All players agree to play the game entirely at their own risk. Players recognise that there are hazards and obstacles on and around the courses such as: raised steps, high edges, timber scenery, slippery surfaces, dark corners, loud music and flashing lighting. Players will at all times take care, tread carefully and conform to all safety rules and notices in force. Players will adhere to any directions given to them by course staff and security. Players will at all times indemnify Caddies Leisure LTD and their servants and agents and hereby absolve them from all liability in respect of illness, personal injury, death or accident or damage to persons or property however this may arise or be caused.”
Annual Membership/Pass Terms and Conditions
This document sets out the terms and conditions (“Terms“) on which we supply Annual Membership (“Membership“) to you (“Passholder“ or “you“). Please read these Terms carefully before you submit your order for any Membership to us. These Terms tell you who we are, what we provide to you under the Membership and other important information.
Minimum Term
Right to cancel
Cancellation of Your Membership
If we have received your request to cancel 1 day or more days before your next payment is due, we will cancel your membership on the day before your next payment is due (for example, if you requested to cancel on the 10th May and your next payment was due on 7th June, we would cancel your membership on the 6th June).
Fees and Payments
10.1 an initial joining fee (first 12 months payment), and
10.2 an annual membership fee, as set out in your order page on the Website in accordance with these Terms.
If you are a ‘no show’ three times within a 90 day period, we may also pause your Pass. If this happens, we will email you, and you will not be able to make any further bookings for 14 days after receipt of that email.
If you would like to discuss or query any ‘no show’ status, or to cancel any bookings*, please contact our call centre on 0345 216 0200 (local rate number) on Monday – Friday from 9am – 4pm.
16.1 in the first month, for the full initial joining fee and the first annual membership fee
16.2 in each subsequent year, for the annual membership fee
18.1 attempt to charge your payment method repeatedly until payment in full is received; and
18.2 notify you that payment has been unsuccessful by sending a notice to the e-mail address you have provided.
19.1 ensure you have sufficient funds available for Caddies to successfully charge your payment method; or
19.2 provide Caddies with the details of another payment method that is acceptable to Caddies for the specific missed payment; or
19.3 update your payment method for the specific missed payment and all future payments as set out in Term 15.
Membership – Benefits, Exclusions, and Conditions
Standard Annual Membership Includes:
– Play 18 Holes of Crazy Golf per open day
– 15% Discount on AMAZEBALLS
– 15% Discount on Shuffleboard
– 15% Discount on Drinks & Snacks in-venue
– 10% Discount on Battle Bumper Cars
Premium Annual Membership Includes:
– Play 18 Holes of Crazy Golf per open day
– 8 x AMAZEBALLS Sessions (30 mins) per year, only one can be redeemed per day.
-8 x Bumper Car Rides (5 mins) per year, only one can be redeemed per day.
– 50% Discount on Shuffleboard
– 15% Discount on Drinks & Snacks in-venue
*Membership perks are subject to attraction operating hours and availability, not every attraction is open every day. Per day perk is per open day of the attraction, and subject to availability – per day does not mean 365 days of a year. Perks expire at the end of each validity period, they cannot be built up, stored, or used in advance/lieu.
25.1 No other Caddies attraction will be part of the Membership scheme unless expressly notified by Caddies. If you try to access any attraction which is not listed above relevant to the membership you have, the attraction staff have the right to refuse your entry using your Membership and require you to buy a non-refundable full price ticket for entry into the relevant attraction on that day.
25.2 Before booking or visiting an attraction, please check if your Membership Pass is valid at that Attraction on the Website or contact the Caddies team on 0345 216 0200.
26.1 A Membership entitles the Passholder to admission to the Attractions during the Validity Period subject to the operating calendars of each Attraction and any applicable exclusion dates that apply at the relevant time. The opening and closing dates of the Attractions may be changed during the Validity Period and any part of the attractions may be closed, removed or cancelled for maintenance, health and safety and/or other operations reasons set out in the Attractions’ regulations or due to special events or private functions. Please check individual Attraction opening and closing dates on the website and the Membership exclusions and restrictions set out in this Term 26 before your visit. PLEASE NOTE THAT NOT ALL ATTRACTIONS ARE OPEN ALL YEAR.
26.2 Caddies, in its absolute discretion, reserves the right to vary the opening and closing dates of the Attractions, to require pre-booking for any Attraction (for which a small fee may apply), to impose or vary limits on the numbers of persons (or of particular categories of persons based on matters including but not limited to what type of pass or entry ticket they may intend to use) allowed to book entry for or to enter any Attraction on any given day/ at any given time, and to close, remove or cancel all or any part of the facilities within the Attractions, in each case for any reason including, but not limited to, technical, health and safety, legal, regulatory and/or operational reasons or due to special events or private functions. Any such variation, requirement or other change shall take immediate effect upon its adoption by Caddies. Unless you have exercised your right to cancel your Membership within 14 days of entering into this contract as described above, the full value or any part of the value of the Membership will not be refunded nor will any compensation be payable if any of the Attractions become unavailable or if any or part of any of the Attractions are closed or removed from the Membership scheme. Caddies will endeavour to publish relevant information as soon as possible if an Attraction requires advance booking, is operating under capacity restrictions, has reached capacity, has booked out of all or certain categories of entry slots at certain times/ on certain days, is closing or where certain facilities or part of an Attraction becomes unavailable. Passholders are advised to check the website for any cancellations or closures and special events (which may have additional costs) taking place on the relevant date and/or time of their proposed visit.
26.3 Membership Exclusion Dates & Attraction Closures
The Annual Membership Pass is subject to the operating calendars of each Attraction. Please contact us to check individual Attraction opening and closing dates. Please note that not all Attractions are open all year.
Caddies may, at any time, in its absolute discretion, add any further exclusions which shall be applicable to the Membership Passes as determined by Caddies.
26.4 Attractions generally are subject to availability and capacity.
26.5 The Membership does not give access to, and entry is subject to additional applicable charges such as entrance fees, reservation or pre-booking fees (where applicable), parking fees, and/or booking fees, for entry into any events or attractions at the Attractions where participation or entry are made subject to additional charges to the charges to enter the Attractions. Such events or attractions to which additional charges apply include for example any concerts, themed and/or special events. Please refer to the website for details of the events and attractions to which additional charges apply. Caddies may, in its absolute discretion, add any further restrictions from time to time which shall be applicable to the Membership as determined by Caddies or in accordance with Term 26.
26.6 The Membership Pass will not guarantee immediate entry to any Attraction or any event at any time. At Attractions or events which allocate individual time slots for entry or where pre-booking is required, Caddies Passholders are required to book an available time slot or pre-book their entry in advance in order to access the Attraction or an event, otherwise they will not be permitted entry. Please note that all time slots are subject to availability, and that there may be different allocations of time slots for different categories of customer (eg based on ticket or pass type), so early booking is recommended. Passholders are able to book an available time slot online by registering an account at www.caddiesgolf.co.uk/southend. When any Passholder has booked a timeslot (irrespective of Pass type), the Attraction may ask such Passholder to leave the Attraction at the end of their allocated timeslot.
26.7 A Membership Passholder is entitled to one pre-book at any one time.
26.8 A Membership is only valid for use for standard single activity tickets, a Membership may not be used for any of the following:
26.8.1 Party Packages;
26.8.2 Bundle Tickets;
26.8.3 Event Tickets;
26.8.4 Date Night Packages;
26.8.5 Corporate Packages;
26.8.6 Themed seasonal tickets; or
26.8.7 Packages, such as restaurants, hotels, theatre and combination tickets.
26.9 The management of the attraction, acting reasonably, reserves the right to refuse admission or to refuse to allow pre-booking, at any time and for any reason including, but not being limited to, the Attraction being at full capacity.
26.10 All Passholders are subject to a bag search on entry to any Attraction. Refusal to allow a search may result in access to the site being denied on the date of visit.
26.11 Height, weight, age restrictions and medical warnings apply to certain attractions.
26.12. Visitors under 13 years of age must be accompanied and supervised by a parent/guardian aged 18 or over at all times whilst at the attraction.
27.1 A Membership entitles the Passholder to certain discounts. Such discounts are subject to certain restrictions under the Attractions’ regulations, further information and details of which can be found on our website. The Passholder must be present on the day of the visit and only the passholder can receive the discounts, other guests attending cannot.
28.1 To use a Membership, the Passholder must show the Caddies Membership Pass I.D. at the reception desk. Entry to an Attraction by use of a Membership Pass will only be permitted if a valid Membership Pass can be presented (physical or digital) alongside a valid pre-book ticket bookable via the website. Failure to present a valid Membership Pass (due to it having been lost, stolen or forgotten) will result in a charge of the “on the day” admission rate applicable to the relevant Attraction, which will be non-refundable.
28.2 A Membership Pass will only be valid when it is used and/or presented by the named holder, it displays a clear photograph which must be a true likeness of the named holder, and it is within the Validity Period (as defined in Term 4). Photocopies of a Membership Pass will not be accepted at an Attraction and Attraction may refuse entry to any person attempting to use a Membership Pass which is not an original. For the avoidance of doubt, pass sharing is a breach of these Terms and any attempted use of a Membership Pass by someone other than the photographed and named holder will result in access at the Attractions being refused and, where the Passholder was involved in the sharing of the Membership Pass or failed to keep the Membership Pass in a safe and secure location, Membership being revoked. For this reason, you should ensure that the Membership Pass is kept in a safe and secure location where others will not have access to it.
28.3 The Membership Pass remains the property of Caddies and can be withdrawn at any time. Passholders shall take all reasonable steps to ensure that a Membership Pass is kept secure at all times and any Membership Pass which has been lost, stolen and/or damaged should be reported immediately pursuant to Term 28.9.
28.4 Caddies reserve the right to discontinue any Annual Pass product provided Caddies serve you with at least 45 days’ notice.
28.5 Membership Passes cannot be sold, loaned or given away to or used by a third party. A Membership Pass will automatically become void without a refund if sold, loaned or given away or if any attempt is made to sell, loan or give it away.
28.6 An Annual Pass will automatically be deemed void and shall be revoked without a refund and/or compensation if Caddies reasonably believes a Passholder to be a convicted child sex offender or subject to the notification requirements of the Sexual Offences Act 2003, or subject to the Sexual Risk Order, Child Abduction Notice, or any other restrictions or requirements that protects the safety and welfare of children, or which Caddies reasonably judges could give rise to a breach of its commitment to the safeguarding of children. For the avoidance of doubt, no refund will be given in any such circumstances.
28.7 An individual who has their Pass revoked in accordance with Term 28.6 shall be prevented from obtaining a replacement Pass and access will be denied to all or any of our attractions.
28.8 Access will be denied to any or all Attractions and the relevant Passholder’s pass revoked, if (i) the Passholder is guilty of fraud or attempted fraud in respect of the Membership, (ii) there is misuse of the Membership in breach of these Terms (e.g. abuse of the Membership benefits); and/or (iii) there is any inappropriate conduct at the Attraction that can have an adverse effect on Caddies or the Attraction if the Passholder’s access to the Attraction is admitted. Inappropriate conduct means causing any security or safety concerns, displaying any sign or visible representation of any kind which is, or could reasonably be judged to be, threatening, abusive or insulting to any member of Caddies staff and/or other members of the public visiting the Attractions, or allowing or assisting a third party to attempt to do any of the foregoing or gain unauthorised or improper access to any Attraction with a Membership Pass of which they are not the valid holder.
28.9 In the event of a lost, stolen and/or damaged Membership Pass, the Passholder should contact Caddies directly to have the relevant Membership Pass blocked. Contact details are set out at Term 1.
Governing law
Contact
Model cancellation form
To: FAO: Caddies
Membership Cancellation – Urgent
Caddies,
12 London Road,
Southend on Sea,
SS1 1NT
clubhouse@caddiesgolf.co.uk
I hereby give notice that I cancel my contract for the supply of the following service:…………………..Annual Membership
Ordered on …………………..
Name: …………………..
Address:………………………………………………………………….……
Signature:…………………………………… (Only if this form is notified on paper)
Date: …………………………….
Monthly Membership Terms and Conditions
This document sets out the terms and conditions (“Terms“) on which we supply Monthly Membership (“Membership“) to you (“Passholder“ or “you“). Please read these Terms carefully before you submit your order for any Membership to us. These Terms tell you who we are, what we provide to you under the Membership and other important information.
Minimum Term
Right to cancel
Cancellation of Your Membership
If we have received your request to cancel five or more days before your next payment is due, we will cancel your membership on the day before your next payment is due (for example, if you requested to cancel on the 10th May and your next payment was due on 7th June, we would cancel your membership on the 6th June). If we have received your request to cancel less than five days before your next payment is due, your monthly fee is payable when your next payment is due and we will cancel your membership on the day before the immediately subsequent payment is due (for example, if your request to cancel is received on 3rd June and your next payment was due on 7th June, you will still have to pay your monthly fee on 7 June and we would cancel your membership on the 6th July).
Fees and Payments
10.1 an initial joining fee (first months payment), and
10.2 a monthly membership fee, as set out in your order page on the Website in accordance with these Terms.
If you are a ‘no show’ three times within a 90 day period, we may also pause your Pass. If this happens, we will email you, and you will not be able to make any further bookings for 14 days after receipt of that email.
If you would like to discuss or query any ‘no show’ status, or to cancel any bookings*, please contact our call centre on 0345 216 0200 (local rate number) on Monday – Friday from 9am – 4pm.
16.1 in the first month, for the full initial joining fee and the first monthly membership fee
16.2 in each subsequent month, for the monthly membership fee
18.1 attempt to charge your payment method repeatedly until payment in full is received; and
18.2 notify you that payment has been unsuccessful by sending a notice to the e-mail address you have provided.
19.1 ensure you have sufficient funds available for Caddies to successfully charge your payment method; or
19.2 provide Caddies with the details of another payment method that is acceptable to Caddies for the specific missed payment; or
19.3 update your payment method for the specific missed payment and all future payments as set out in Term 15.
Membership – Benefits, Exclusions, and Conditions
Gold Membership Includes:
– Play 18 Holes of Crazy Golf per open day
– One Hour AMAZEBALLS session per open day
– One Bumper Car Battle per open day (only open during select periods)
– One 30 minute Shuffleboard session per open day
– 10% Discount on Kids Party Packages
– 15% Discount off select Comedy Club Tickets
– 15% Discount on Drinks & Snacks in-venue
Premium Monthly Membership Includes:
– Play 18 Holes of Crazy Golf per open day
– 8 x 30 Minute AMAZEBALLS sessions per month (only one session can be used in any one day)
– 4 x Bumper Car Battles per month (only open during select periods. Only one session can be used in any one day)
– 50% Discount on Shuffleboard
– 10% Discount on Kids Party Packages
– 15% Discount on Drinks & Snacks in-venue
Standard Monthly Membership Includes:
– Play 18 Holes of Crazy Golf per open day
– 2 x 30 Minute AMAZEBALLS sessions per month (only one session can be used in any one day)
– 5% Discount on Kids Party Packages
– 25% Discount on Shuffleboard
– 15% Discount on Drinks & Snacks in-venue
– One Bumper Car Battle per month (only open during select periods. Only one session can be used in any one day)
*Membership perks are subject to attraction operating hours and availability, not every attraction is open every day. Per day perk is per open day of the attraction, and subject to availability – per day does not mean 365 days of a year. Perks expire at the end of each validity period, they cannot be built up, stored, or used in advance/lieu.
25.1 No other Caddies attraction will be part of the Membership scheme unless expressly notified by Caddies. If you try to access any attraction which is not listed above relevant to the membership you have, the attraction staff have the right to refuse your entry using your Membership and require you to buy a non-refundable full price ticket for entry into the relevant attraction on that day.
25.2 Before booking or visiting an attraction, please check if your Membership Pass is valid at that Attraction on the Website or contact the Caddies team on 0345 216 0200.
26.1 A Membership entitles the Passholder to admission to the Attractions during the Validity Period subject to the operating calendars of each Attraction and any applicable exclusion dates that apply at the relevant time. The opening and closing dates of the Attractions may be changed during the Validity Period and any part of the attractions may be closed, removed or cancelled for maintenance, health and safety and/or other operations reasons set out in the Attractions’ regulations or due to special events or private functions. Please check individual Attraction opening and closing dates on the website and the Membership exclusions and restrictions set out in this Term 26 before your visit. PLEASE NOTE THAT NOT ALL ATTRACTIONS ARE OPEN ALL YEAR.
26.2 Caddies, in its absolute discretion, reserves the right to vary the opening and closing dates of the Attractions, to require pre-booking for any Attraction (for which a small fee may apply), to impose or vary limits on the numbers of persons (or of particular categories of persons based on matters including but not limited to what type of pass or entry ticket they may intend to use) allowed to book entry for or to enter any Attraction on any given day/ at any given time, and to close, remove or cancel all or any part of the facilities within the Attractions, in each case for any reason including, but not limited to, technical, health and safety, legal, regulatory and/or operational reasons or due to special events or private functions. Any such variation, requirement or other change shall take immediate effect upon its adoption by Caddies. Unless you have exercised your right to cancel your Membership within 14 days of entering into this contract as described above, the full value or any part of the value of the Membership will not be refunded nor will any compensation be payable if any of the Attractions become unavailable or if any or part of any of the Attractions are closed or removed from the Membership scheme. Caddies will endeavour to publish relevant information as soon as possible if an Attraction requires advance booking, is operating under capacity restrictions, has reached capacity, has booked out of all or certain categories of entry slots at certain times/ on certain days, is closing or where certain facilities or part of an Attraction becomes unavailable. Passholders are advised to check the website for any cancellations or closures and special events (which may have additional costs) taking place on the relevant date and/or time of their proposed visit.
26.3 Membership Exclusion Dates & Attraction Closures
The Monthly Membership Pass is subject to the operating calendars of each Attraction. Please contact us to check individual Attraction opening and closing dates. Please note that not all Attractions are open all year.
Caddies may, at any time, in its absolute discretion, add any further exclusions which shall be applicable to the Membership Passes as determined by Caddies.
26.4 Attractions generally are subject to availability and capacity.
26.5 The Membership does not give access to, and entry is subject to additional applicable charges such as entrance fees, reservation or pre-booking fees (where applicable), parking fees, and/or booking fees, for entry into any events or attractions at the Attractions where participation or entry are made subject to additional charges to the charges to enter the Attractions. Such events or attractions to which additional charges apply include for example any concerts, themed and/or special events. Please refer to the website for details of the events and attractions to which additional charges apply. Caddies may, in its absolute discretion, add any further restrictions from time to time which shall be applicable to the Membership as determined by Caddies or in accordance with Term 26.
26.6 The Membership Pass will not guarantee immediate entry to any Attraction or any event at any time. At Attractions or events which allocate individual time slots for entry or where pre-booking is required, Caddies Passholders are required to book an available time slot or pre-book their entry in advance in order to access the Attraction or an event, otherwise they will not be permitted entry. Please note that all time slots are subject to availability, and that there may be different allocations of time slots for different categories of customer (eg based on ticket or pass type), so early booking is recommended. Passholders are able to book an available time slot online by registering an account at www.caddiesgolf.co.uk/southend. When any Passholder has booked a timeslot (irrespective of Pass type), the Attraction may ask such Passholder to leave the Attraction at the end of their allocated timeslot.
26.7 A Membership Passholder is entitled to one pre-book at any one time.
26.8 A Membership is only valid for use for standard single activity tickets, a Membership may not be used for any of the following:
26.8.1 Party Packages;
26.8.2 Bundle Tickets;
26.8.3 Event Tickets;
26.8.4 Date Night Packages;
26.8.5 Corporate Packages;
26.8.6 Themed seasonal tickets; or
26.8.7 Packages, such as restaurants, hotels, theatre and combination tickets.
26.9 The management of the attraction, acting reasonably, reserves the right to refuse admission or to refuse to allow pre-booking, at any time and for any reason including, but not being limited to, the Attraction being at full capacity.
26.10 All Passholders are subject to a bag search on entry to any Attraction. Refusal to allow a search may result in access to the site being denied on the date of visit.
26.11 Height, weight, age restrictions and medical warnings apply to certain attractions.
26.12. Visitors under 13 years of age must be accompanied and supervised by a parent/guardian aged 18 or over at all times whilst at the attraction.
27.1 A Membership entitles the Passholder to certain discounts. Such discounts are subject to certain restrictions under the Attractions’ regulations, further information and details of which can be found on our website. The Passholder must be present on the day of the visit and only the passholder can receive the discounts, other guests attending cannot.
28.1 To use a Membership, the Passholder must show the Caddies Membership Pass at the reception desk. Entry to an Attraction by use of a Membership Pass will only be permitted if a valid Membership Pass can be presented (physical or digital) alongside a valid pre-book ticket bookable via the website. Failure to present a valid Membership Pass (due to it having been lost, stolen or forgotten) will result in a charge of the “on the day” admission rate applicable to the relevant Attraction, which will be non-refundable.
28.2 A Membership Pass will only be valid when it is used and/or presented by the named holder, it displays a clear photograph which must be a true likeness of the named holder, and it is within the Validity Period (as defined in Term 4). Photocopies of a Membership Pass will not be accepted at an Attraction and Attraction may refuse entry to any person attempting to use a Membership Pass which is not an original. For the avoidance of doubt, pass sharing is a breach of these Terms and any attempted use of a Membership Pass by someone other than the photographed and named holder will result in access at the Attractions being refused and, where the Passholder was involved in the sharing of the Membership Pass or failed to keep the Membership Pass in a safe and secure location, Membership being revoked. For this reason, you should ensure that the Membership Pass is kept in a safe and secure location where others will not have access to it.
28.3 The Membership Pass remains the property of Caddies and can be withdrawn at any time. Passholders shall take all reasonable steps to ensure that a Membership Pass is kept secure at all times and any Membership Pass which has been lost, stolen and/or damaged should be reported immediately pursuant to Term 28.9.
28.4 Caddies reserve the right to discontinue any Annual Pass product provided Caddies serve you with at least 45 days’ notice.
28.5 Membership Passes cannot be sold, loaned or given away to or used by a third party. A Membership Pass will automatically become void without a refund if sold, loaned or given away or if any attempt is made to sell, loan or give it away.
28.6 An Annual Pass will automatically be deemed void and shall be revoked without a refund and/or compensation if Caddies reasonably believes a Passholder to be a convicted child sex offender or subject to the notification requirements of the Sexual Offences Act 2003, or subject to the Sexual Risk Order, Child Abduction Notice, or any other restrictions or requirements that protects the safety and welfare of children, or which Caddies reasonably judges could give rise to a breach of its commitment to the safeguarding of children. For the avoidance of doubt, no refund will be given in any such circumstances.
28.7 An individual who has their Pass revoked in accordance with Term 28.6 shall be prevented from obtaining a replacement Pass and access will be denied to all or any of our attractions.
28.8 Access will be denied to any or all Attractions and the relevant Passholder’s pass revoked, if (i) the Passholder is guilty of fraud or attempted fraud in respect of the Membership, (ii) there is misuse of the Membership in breach of these Terms (e.g. abuse of the Membership benefits); and/or (iii) there is any inappropriate conduct at the Attraction that can have an adverse effect on Caddies or the Attraction if the Passholder’s access to the Attraction is admitted. Inappropriate conduct means causing any security or safety concerns, displaying any sign or visible representation of any kind which is, or could reasonably be judged to be, threatening, abusive or insulting to any member of Caddies staff and/or other members of the public visiting the Attractions, or allowing or assisting a third party to attempt to do any of the foregoing or gain unauthorised or improper access to any Attraction with a Membership Pass of which they are not the valid holder.
28.9 In the event of a lost, stolen and/or damaged Membership Pass, the Passholder should contact Caddies directly to have the relevant Membership Pass blocked. Contact details are set out at Term 1.
Governing law
Contact
Model cancellation form
To: FAO: Caddies
Membership Cancellation – Urgent
Caddies,
12 London Road,
Southend on Sea,
SS1 1NT
clubhouse@caddiesgolf.co.uk
I hereby give notice that I cancel my contract for the supply of the following service:…………………..Monthly Membership
Ordered on …………………..
Name: …………………..
Address:………………………………………………………………….……
Signature:…………………………………… (Only if this form is notified on paper)
Date: …………………………….
TERMS AND CONDITIONS OF BUSINESS
The following terms and conditions shall apply in relation to the supply of any services or goods by Caddies Leisure Limited relating to the design, manufacturing, and installation of Crazy Golf holes. They supersede all previous conditions and override any alternative conditions referred to by the Customer and constitute the entire agreement between Caddies and the Customer.
1. DEFINITIONS
1.1 Unless inconsistent with the context, in these terms and conditions:-
‘Customer’ means the person, firm or company using the Services of Caddies;
‘Customer’s Property’ means any of the Customer’s works, tapes, films or other materials, equipment or other property which is the subject of the Facilities and is provided to Caddies;
‘Facilities’ means the pre/post-production equipment, personnel, creative and production facilities and Services which Caddies is providing to the Customer in accordance with these terms and conditions;
‘Caddies’ means Caddies Leisure Limited.
‘Services’ means those services or products which Caddies has agreed to provide to the Customer.
2. PRICES AND CHARGES
2.1 The prices and charges are those provided to the Customer from time to time by Caddies. Unless otherwise indicated, the rates quoted do not include Value Added Tax, expenses and disbursements. Any such VAT or expenses shall be paid by the Customer.
2.2 Prices provided (by way of a quotation or price list) are subject to change to the prices in effect at the time of delivery. Caddies reserves the right to make any corrections to prices quoted due to clerical errors or omissions.
2.3 Caddies reserves the right by giving notice to the Customer at any time before completion of the Services to increase the price of the Services and the final requirements to reflect any increase in the cost to Caddies which is due to any change in dates, quantities or specifications for the Services which are requested by the Customer or any delay caused by any instructions of the Customer or failure of the Customer to give Caddies adequate information or instructions, and Caddies reserves the right to levy an additional charge for labour-related costs should urgent jobs be required outside normal working hours.
2.4 The Customer shall be liable to reimburse Caddies for all reasonable expenses incurred during delivery, if these sums are in addition to the delivery sums quoted. 2.5 If not specifically quoted, and if it is necessary to accommodate any employee of Caddies in a hotel in order for Caddies to complete its obligations, the Customer shall be liable to pay the actual cost of the said hotel to Caddies.
3. ESTIMATES
3.1 Whilst the time and price estimates given by Caddies are given in good faith and Caddies will endeavour to adhere to such estimates, Caddies shall not be bound by such estimates where they are not met due to the Customer’s changes or other circumstances outside Caddies’ control and Caddies shall not be liable for any failure to meet such estimates. Caddies shall not be responsible for any costs, charges or expenses incurred by the Customer as a result of such failure.
4. PAYMENT
4.1 Except where these terms and conditions provide otherwise, and subject to paragraph (4.3) below, payment of all fees and charges incurred shall be made to Caddies within fourteen (14) days of the date of invoice or prior to the delivery of Services, whichever is earlier.
4.2 All sums payable by the Customer shall be paid without any deduction whatsoever, whether by way of set-off, counterclaim or otherwise and for the avoidance of doubt the Customer shall not be entitled to the benefit of any such deduction to which it might otherwise be entitled in law or in equity. Caddies shall be entitled in the event of non-payment in whole or in part to enforce any judgment obtained in relation thereto without any stay of execution pending the determination of any claim by the Customer against Caddies.
4.3 Caddies reserves the right to require payment of all fees and charges, in full or in part, in advance of the Services.
4.4 Any queries on the invoice must be raised within seven (7) days of the date of the invoice.
4.6 No title shall pass to the Customer and the Customer shall not be permitted to use any product or Service provided by Caddies in connection with any agreement until full payment has been made to Caddies or where express written permission is given to the Customer by Caddies.
4.7 Where the Customer is in possession of and has use of a product provided by Caddies and full payment for this product has not been made to Caddies, Caddies reserves the right to seize the product and the Customer will be responsible for all the associated costs of seizure, including but not limited to the reasonable legal costs of Caddies.
4.8 If the Customer fails to make any payment due to Caddies by the required due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time in addition to an administration fee of £750 per week. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount is made. The Customer shall pay the interest together with the overdue amount.
5. CANCELLATION OF CUSTOMER
5.1 In its absolute discretion, Caddies may at any time permit cancellation by the Customer of the Services and reserves the right to terminate any Services in the event of any breach of these terms and conditions by the Customer.
5.2 In the event of any such cancellation being instigated by the Customer and permitted by Caddies less than one full 24-hour working day before the start of the Services, the Services will be charged at Caddies’ full rates at the date of cancellation.
5.3 In the event of such cancellation being permitted by Caddies or instigated by the Customer between one and three full 24-hour working days before the start of the Services, the Services will be charged at 50% of Caddies’ full rates at the date of cancellation.
5.4 In addition to the above-mentioned cancellation charges, Caddies will be entitled to reimbursement of any costs or expenses which it may have incurred with the knowledge and approval of the Customer.
6. LIEN AND DELIVERY
6.1 Until payment in cash or cleared funds of all payments due from the Customer to Caddies in consideration of particular Services:-
6.1.1 the physical property shall, notwithstanding delivery, remain vested in Caddies; and
6.1.2 Caddies shall have a general lien over any property of the Customer in Caddies’ possession for such payments due.
6.2 Furthermore, such property shall not pass to the Customer until Caddies has also received payment in cash or cleared funds of all payments due from the Customer to Caddies under any other order or transaction.
6.4 If the Customer fails to make payment within seven (7) days of such payment amounts becoming due, Caddies at its discretion shall be entitled to exploit or dispose of such property and apply any proceeds towards the payments due and any expenses in respect of such exploitation or disposal and shall, upon accounting to the Customer for the balance (if any) remaining, be discharged from all liability in respect of any such property.
6.5 Caddies will endeavour to deliver any Services as soon as practicable after receipt of all sums due to Caddies from the Customer for those Services but Caddies shall not be responsible for any loss suffered by the Customer due to delay in delivery unless such loss shall have been caused by the gross negligence of Caddies.
7. INSURANCE
7.1 Risk of damage to or loss of any products shall pass to the Customer on delivery, or if the Customer fails to take delivery, when Caddies tenders delivery.
7.2 The customer acknowledges that it is not possible for Caddies to obtain insurance against any lost costs of production arising from loss or damage to the Customer’s property.
7.3 Accordingly, the customer shall take out and maintain such insurance cover against all risks as is necessary or usual in connection with production (including pre/post production), including lost production costs caused on loss or damage to the Customer’s property (and its content) whilst under the custody or control of Caddies.
8. INTELLECTUAL PROPERTY IN MATERIALS
8.1 All intellectual property in products, drawings, designs or other works resulting from the provision of Services and/or embodied in any products provided under any agreement with the Customer shall vest in, and be exclusive property of, Caddies unless otherwise agreed in writing between Caddies and the Customer.
8.2 The Customer warrants that it has obtained all consents, licenses, and clearances required from any person holding intellectual property rights (including, but not limited to, copyrights and trademarks) necessary for Caddies to perform the Services. The Customer shall indemnify Caddies, its directors, officers, and employees against any and all liability to third parties, including royalties, performance incomes, statutory and/or mechanical fees, defamation, infringement of copyrights, trademarks, or moral rights, as well as publicity, privacy, and personality rights, arising directly or indirectly from Caddies’ delivery of the Services and related activities
9. CONFIDENTIAL INFORMATION
9.1 The Customer shall take proper steps to keep confidential all confidential information relating to Caddies or its business or financial affairs or the Facilities or other services provided by it, including any computer programs, production techniques, databases and any original ideas and concepts, know-how, designs and processes incorporated in or inherent in any materials, which information is disclosed to or obtained by the Customer pursuant to or as a result of the provision of the Facilities and Services (other than information in the public domain other than by reason of a breach by the customer of this provision).
9.2 The Customer will not use or divulge any confidential information to any person (other than its professional advisers) and upon the termination of the Services, the Customer will return to Caddies any confidential information (without retaining copies thereof) and any equipment or other materials provided by Caddies.
10. CADDIES’ LIABILITY
10.1 Save as otherwise expressly provided in these terms and conditions and to the fullest extent permitted by law:
10.1.1 The supply to any customer of product or designs are entirely at the Customer’s risk and cADDIES shall be under no liability to the Customer or any other person for any direct, indirect or consequential loss or damage arising from any defect in the product and the materials or any equipment used in relation thereto;
10.1.2 If the use of the product is delayed, postponed, curtailed or cancelled for any reason affecting Caddies, then unless such delay, postponement, curtailment or cancellation has been caused by the gross negligence of Caddies, Caddies shall not be liable for any loss or damage suffered by the Customer by reason thereof;
10.1.3 Caddies shall not in any event be liable for economic loss (including loss of profit or goodwill) or any indirect or consequential loss or damage; and
10.1.4 All warranties, conditions, terms and representations relating to the Services supplied by Caddies (whether expressly or implied by statute, common law, use or otherwise) are hereby excluded.
Nothing herein shall be construed as excluding or limiting (or seeking to do so) any liability on the part of Caddies by reason of death or bodily injury caused by Caddies’ negligence.
10.2
10.2.1 Save as otherwise expressly provided in these terms and conditions and to the fullest extent permitted by law, Caddies will not be responsible for any damage to or loss of any Customer’s property held by Caddies nor any loss (consequential or otherwise) arising in respect thereof, unless caused by Caddies’ negligence in which case paragraphs (10.2.2) and (10.2.3) shall apply;
10.2.2 In the event of loss or damage to the Customer’s property caused by Caddies’ negligence during the Services Caddies’ liability shall be limited to the cost expended by the Customer in fees and charges charged by Caddies and shall not exceed £50,000 in respect of any one job.
10.2.3 Subject to the above provisions of this paragraph (10.2), all of the Customer’s property and all products held by Caddies will be held by Caddies entirely at the risk of the Customer, irrespective of the cause of any loss or damage and the Customer should insure the Customer’s property to its full value against all risks and take and retain copies of all Customer’s property before providing them to Caddies.
10.3 Caddies shall make available its equipment and the personnel it deems necessary to operate such equipment but the Customer shall satisfy itself that the products are suitable for its purpose and while Caddies will use its best endeavours to ensure that all equipment and products perform in accordance with the specification for such equipment and products, unless expressly agreed in writing at the time of the acceptance of the booking, Caddies shall not be responsible for ensuring that its equipment and the products provided by it are suitable for the Customer’s purpose.
10.4 Caddies shall not be liable for any reduction in the quality of its Services that may be caused by the quality of the Customer’s property or Caddies’ adherence to the Customer’s instructions.
10.5 The Customer shall indemnify Caddies, its directors, and employees, servants, sub-contractors and agents all liabilities, actions and losses, claim, proceedings, judgement, damages, obligations, costs and expenses of any nature what- so ever (including, but not limited to, legal fees, costs and expenses) arising directly or indirectly out of or in connection with the Customer’s property or the acts or omissions of the customer, its servants, agents or representatives, or any breach by the Customer of any of its representations, warranties or other obligations in these terms and conditions (including, but not limited to, claims by any third party for breach of copyright or defamation relating to any materials or the Customer’s property or any failure by the Customer to observe the provisions and requirements of any applicable agreements).
11. DISPOSAL
11.1 Caddies shall be entitled to destroy, erase or otherwise dispose of as it thinks fit any materials or the Customer’s property in its possession and uncollected by the Customer after the expiration of six months from the end of the Services, and while uncollected by the Customer, such materials or the Customer’s property shall be held by Caddies at the Customer’s risk as stated above.
12. TRANSFER OF OBLIGATIONS
12.1 Caddies reserves the right to assign or sub-contract all or any part of its obligations to the Customer.
12.2 Any contract which is made between Caddies and the Customer is personal to the Customer, who shall not assign or charge the benefit thereof without the express prior written consent of Caddies.
13. CREDITS
13.1 The Customer shall ensure that Caddies is given screen credits in respect of the Services and Facilities supplied by Caddies in a form approved in advance by Caddies. The Customer hereby grants Caddies the right to refer in its advertising or promotional material to the Customer and to use the material or the title of any project or any work completed by Caddies for the Customer in any such advertising or promotional material.
14. REPRESENTATIONS AND WARRANTIES
The Customer represents and warrants to Caddies that:-
14.1 Before the commencement of the Services it will obtain all consents licenses and clearances required from the performers, copyright owners and any other person having any right or interest in connection with any of the Customer’s property; and
14.2 Nothing contained in the Customer’s property will be defamatory, offensive, obscene or otherwise unlawful or in breach of any intellectual property or any other right of any third party.
15. FORCE MAJEURE
15.1 Caddies shall not be under any liability to the Customer as a result of Caddies being unable to perform any of its obligations or comply with any of the Customer’s instructions due to circumstances beyond its reasonable control, including but not limited to, industrial action taken by any person or persons, and if Caddies is so unable, it shall at its option either be entitled to perform such obligations or comply with such instructions as and when it is reasonably able to do so or to treat itself as wholly or partly released from all such obligations or instructions liability.
16. TERMINATION BY CADDIES
16.1 Caddies shall, without prejudice to any other right or remedy which it may have, be entitled to terminate all of its obligations to the Customer upon the occurrence of any of the following events:-
16.1.1 If the Customer is at any time in breach of any obligation or representation or warranty to Caddies, or any sum owing to Caddies by the customer is overdue by more than seven (7) days; or
16.1.2 If the Customer makes or offers to make any compensation with creditors or enters into a voluntary arrangement or if a bankruptcy petition is served on the Customer or (if the Customer is a limited liability company) any resolution or petition to wind up the Customer’s business is presented or if a receiver or administrative receiver is appointed to deal with any part of the Customer’s assets.
16.2 Upon any such termination, the Customer will pay to Caddies on demand all sums owing in respect of Services already performed by Caddies, together with relating to instructions given by the Customer before termination, so as to fully indemnify Caddies in respect of all liabilities incurred in consequence of compliance with the Customer’s instructions.
17. GENERAL
17.1 All notices given in accordance with these terms and conditions shall be in writing and may be delivered personally, by email, or sent by pre-paid first-class post to the usual or last known address of Caddies or the Customer. A notice shall be deemed to have been properly served if personally delivered, at the time of delivery, if sent by email, on the same day of such sending, and if posted, forty-eight hours after posting. In providing service it shall be sufficient to show that the notice was delivered to the correct address or that the envelope containing the notice was properly addressed, pre-paid and posted.
17.2 No variation of these terms and conditions shall be effective unless made in writing and signed by a duly authorised director of Caddies and the Customer.
17.3 In the event that any of these terms, conditions or provisions or those of any schedule or attachment hereto will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law and with whatever modification is necessary to give effect to the commercial intention of the parties.
17.4 Any failure or delay by Caddies in exercising or enforcing any rights conferred by these terms and conditions shall not be deemed to be a waiver thereof or operate so as to bar the exercise or enforcement of such rights at any time.
17.5 The contract between Caddies and the Customer shall be governed by and construed in accordance with English law and Caddies and the Customer agree for the exclusive benefit of Caddies that the English Courts shall have jurisdiction to settle any dispute relating thereto.
18. MARKETING AND PROMOTIONAL USE
18.1 Caddies reserves the right to use any works and materials created during the supply of any services or goods for marketing, promotional, and portfolio purposes, including but not limited to websites, social media, and other public platforms. Any restrictions on such use must be agreed upon in writing prior to the commencement of the work.
19. WARRANTY
18.1 Any audio, visual, lighting or electrical hardware used in the goods delivered by Caddies, will be covered by the respective manufacturer warranty. For all other items, a 3-month manufacturing fault warranty will apply – however this does not cover damage, breakages, or issues caused as a result of inappropriate usage, vandalism, misuse, or general wear and tear.
Caddies Leisure Ltd (Caddies) is a privately owned limited company. This Privacy Policy describes our practices related to Personal Information and how Caddies applies the principles and rights afforded to individuals by the General Data Protection Regulation (GDPR).This Privacy Policy is to let you know how Caddies promises to look after your personal information, which is collected by Caddies through personal contact, telephone, e-mail and our website. This includes what you tell us about yourself and what we learn by having you as a customer. This notice explains how we do this and tells you about your privacy rights and how the law protects you.
Our Privacy Promise We promise:
❖ To keep your data safe and private;
❖ Not to sell your data;
❖ Not to share your data, except where we have a legitimate business interest to do so. A legitimate interest is when we have a business reason to use your information, but even then, it must not unfairly go against what is right and best for you.
How the law protects you
As well as our Privacy Promise, your privacy is protected by law, which says that we are allowed to use personal information only if we have a proper reason to do so. The law says that we must have one or more of these reasons:
❖ To fulfil a contract we have with you, or
❖ When it is our legal duty, or
❖ When it is in our legitimate interest, or
❖ When you consent to it.
What Personal Information does Caddies collect?
Here’s a list of information that Caddies collects from you that enables Caddies to fulfil its contractual obligations with you as a customer:
➢ Contact Name(s)
➢ Contact Telephone Number (home & mobile)
➢ Contact e-mail address(es) .
➢ Gender
➢ Contact Address
➢ Bank Account details, or debit/credit card details, where applicable.
Why does Caddies collect such Information?
Our purpose in collecting this information is to enable Caddies to fulfil our contractual obligations with you and enable Caddies to provide customised services and products relevant to your specific needs.
How does Caddies use such Information?
Your information may be used by the Company to carry out our contractual obligations, or authenticate you as a customer and may be used to:
❖ Provide requested information, products, or services;
❖ Advertise products, services, promotions and events relating to the Company;
❖ Improve our products and services,
❖ Improve advertising performance,
❖ If you are applying for a job, evaluate your interest in and/or allow you to apply for employment with the Company;
❖ Protect against fraud or investigate suspected or actual illegal activity;
❖ Respond to a legitimate legal request from law enforcement authorities or other government regulators;
❖ Conduct investigations to ensure compliance with, and comply with, legal obligations. Except where used in support of a contract with you or to fulfil a legal obligation, our use of your Personal Information will be only for legitimate business interests as set out above.
How does Caddies secure Personal Information?
Caddies is committed to ensuring the security and integrity of Personal Information. Caddies has adopted reasonable physical, electronic and managerial procedures to safeguard your Personal Information. However, due to the nature of Internet communications, we cannot guarantee or warrant that your transmission to us is secure.
Does Caddies share the information it collects?
Caddies will not sell your Personal Information. Caddies will only share your Personal Information outside of our Company, as a legitimate business interest to fulfil our contractual obligations.The following is a list of legitimate business interests whereby Caddies may share some, or all of your personal information with a third-party organisation:
❖ Service providers, dealers, distributors, agents or contractors that Caddies has retained to perform services on our behalf.
❖ Caddies will only share your Personal Information with third parties whom Caddies has contractually restricted from using or disclosing the information except as necessary to perform services on our behalf, or to comply with legal requirements;
❖ Comply with legal obligations, such as in response to a legitimate legal request from law enforcement authorities, courts or other government regulators or authorities, among other things;
❖ Investigate suspected or actual illegal activity;
❖ Prevent physical harm or financial loss; or
❖ Support the sale or transfer of all or a portion of our business or assets (including through bankruptcy).
How can you correct, change or delete your information held by Caddies?
You may request to access, update, correct, change, or delete your Personal Information at any time. Caddies will use reasonable efforts to timely update and/or remove information. To protect the user’s privacy and security, Caddies will take steps to verify the user’s identity before making any requested change. To access, change, or delete your Personal. Information, to report problems with the Website, to ask questions or to raise concerns, please send an email to clubhouse@caddiesgolf.co.uk
Please note that while we will assist you in protecting your Personal Information, it is your responsibility to protect your passwords and other access credentials from others.
How long do we keep your Personal Information?
The Personal Information you provide to Caddies is only kept for as long as it is reasonably necessary for the purposes for which it was collected, taking into account our need to comply with contractual obligations, resolve customer service issues, comply with legal requirements and provide new or improved services to users. This means that we may retain your Personal Information for a reasonable period after you stopped using Caddies. After this period, your Personal Information will be deleted from all systems of Caddies without notice.
How might Caddies change this Privacy Policy?
As Caddies expands and improves its products and services, we may need to update this Privacy Policy. This Privacy Policy may be modified from time to time without prior notice. We encourage you to review this Privacy Policy on a regular basis for any changes. Substantive changes will be identified at the top of the Privacy Policy.
How can you contact Caddies?
If you have any comments or questions about this Privacy Policy, or on the manner in which we treat your personal information, please e-mail clubhouse@caddiesgolf.co.uk