Terms of Service of the AJ4U Golf & Guide for WickedGolfers.com website:
The following terms and conditions govern all use of the WickedGolfers.com website and all content, services and products available at or through the website (taken together, the Website).
The Website is owned and operated by
AJ4U Golf & Guide
Registered under KvK nr. 67793991
in ‘s-Hertogenbosch, Netherlands.
Wicked Golfers is a registered name at KvK.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WickedGolfers, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 10 years old.
Your blog/article/ account and the website. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and AJ4U Golf&Guide / WickedGolfers.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WickedGolfers liability. You must immediately notify WickedGolfers of any unauthorized uses of your blog, your account or any other breaches of security. AJ4U Golf&Guide / WickedGolfers.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own (with the exception of the combination of your first name with the word Wicked in front of it); and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by AJ4U Golf&Guide / WickedGolfers.com or otherwise.
By submitting Content to WickedGolfers.com for inclusion on the Website, you grant AJ4U Golf&Guide / WickedGolfers.com a world-wide, royalty-free, and exclusive license to reproduce, modify, adapt, publish and audio record the Content not only for the purpose of displaying, distributing and promoting your blog or article, but also to use it as the core text for audio of video files which can be sold to clients.
If you delete Content, AJ4U Golf&Guide / WickedGolfers.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, AJ4U Golf&Guide / WickedGolfers.com has the right (though not the obligation) to, in AJ4U Golf&Guide / WickedGolfers.com’s sole discretion (i) refuse or remove any content that, in AJ4U Golf&Guide / WickedGolfers.com’s reasonable opinion, violates any AJ4U Golf&Guide / WickedGolfers.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in AJ4U Golf&Guide / WickedGolfers.com’s sole discretion. AJ4U Golf&Guide / WickedGolfers.com will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal,General Terms. By selecting a product or service, you agree to pay AJ4U Golf&Guide / WickedGolfers.com the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal. Unless you notify AJ4U Golf&Guide / WickedGolfers.com before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize ‘AJ4U Golf & Guide’ to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancellated at any time by submitting your request to AJ4U Golf&Guide in writing.
Fees; Payment. By signing up for a Services account you agree to pay AJ4U Golf&Guide / WickedGolfers.com the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. AJ4U Golf&Guide / WickedGolfers.com reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at anytime on thirty (30) days written notice to AJ4U Golf&Guide. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by AJ4U Golf&Guide / WickedGolfers.com to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free AJ4U Golf&Guide / WickedGolfers.com services. All support will be provided in accordance with AJ4U Golf&Guide / WickedGolfers.com standard services practices, procedures and policies.
Responsibility of Website Visitors. AJ4U Golf&Guide / WickedGolfers.com has not reviewed, and can’t review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, AJ4U Golf&Guide / WickedGolfers.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AJ4U Golf&Guide / WickedGolfers.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which WickedGolfers.com links, and that link to WickedGolfers.com. AJ4U Golf&Guide / WickedGolfers.com does not have any control over those non-AJ4U Golf&Guide / WickedGolfers.com websites and web pages, and is not responsible for their contents or their use. By linking to a non-AJ4U Golf&Guide / WickedGolfers.com website or webpage, AJ4U Golf&Guide / WickedGolfers.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AJ4U Golf&Guide / WickedGolfers.com disclaims any responsibility for any harm resulting from your use of non-AJ4U Golf&Guide / WickedGolfers.com websites and web pages.
Copyright Infringement. As AJ4U Golf&Guide / WickedGolfers.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WickedGolfers.com violates your copyright, you are encouraged to notify AJ4U Golf&Guide / WickedGolfers.com immediately (mail @ wickedgolfers.com). AJ4U Golf&Guide / WickedGolfers.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. AJ4U Golf&Guide / WickedGolfers.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AJ4U Golf&Guide / WickedGolfers.com or others. In the case of such termination, AJ4U Golf&Guide / WickedGolfers.com will have no obligation to provide a refund of any amounts previously paid to Routaki.
Intellectual Property. This Agreement does not transfer from AJ4U Golf&Guide / WickedGolfers.com to you any AJ4U Golf&Guide / WickedGolfers.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AJ4U Golf&Guide / WickedGolfers.com. AJ4U Golf&Guide / WickedGolfers.com, the wickedgolfers.com logo, and all other trademarks, service marks, graphics and logos used in connection with wickedgolfers.com, or the Website are trademarks or registered trademarks of AJ4U Golf&Guide / WickedGolfers.com or AJ4U Golf&Guide / WickedGolfers.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any AJ4U Golf&Guide / WickedGolfers.com or third-party trademarks.
Rights reserved. AJ4U Golf&Guide / WickedGolfers.com reserves the right to display advertisements on your blog unless you have purchased an ad-free account. AJ4U Golf&Guide / WickedGolfers.com reserves the right to display attribution links such as ‘Blog at wickedgolfers.com,’ theme author, and font attribution in your blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
AJ4U Golf&Guide / WickedGolfers.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. AJ4U Golf&Guide / WickedGolfers.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination of access. AJ4U Golf&Guide / WickedGolfers.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your AJ4U Golf&Guide / WickedGolfers.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by AJ4U Golf&Guide / WickedGolfers.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from AJ4U Golf&Guide / WickedGolfers.com’s notice to you thereof; provided that, AJ4U Golf&Guide / WickedGolfers.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. AJ4U Golf&Guide / WickedGolfers.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AJ4U Golf&Guide / WickedGolfers.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will AJ4U Golf&Guide / WickedGolfers.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AJ4U Golf&Guide / WickedGolfers.com under this agreement during the twelve (12) month period prior to the cause of action. AJ4U Golf&Guide / WickedGolfers.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnify against claims and expenses. You agree to indemnify and hold harmless AJ4U Golf&Guide / WickedGolfers.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Modified by a written amendment. This Agreement constitutes the entire agreement between AJ4U Golf&Guide / WickedGolfers.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AJ4U Golf&Guide / WickedGolfers.com, or by the posting by AJ4U Golf&Guide / WickedGolfers.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the “Rechtbank ‘s-Hertogenbosch, NL”, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in ‘s-Hertogenbosch, NL. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in ‘s-Hertogenbosch, NL, in the English or Dutch language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AJ4U Golf&Guide / WickedGolfers.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
AJ4U Golf&Guide / WickedGolfers.com operates WickedGolfers.com and may operate other websites. It is AJ4U Golf&Guide / WickedGolfers.com’s policy to respect your privacy regarding any information we may collect while operating our website(s).
Website Visitors. Like most website operators, AJ4U Golf&Guide / WickedGolfers.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. AJ4U Golf&Guide / WickedGolfers.com’s purpose in collecting non-personally identifying information is to better understand how WickedGolfers.com’s visitors use its website. From time to time, AJ4U Golf&Guide / WickedGolfers.com may release non-personally-identifying information in the aggregate, e.g. by publishing a report on trends in the usage of its website.
AJ4U Golf&Guide / WickedGolfers.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on WickedGolfers.com blogs/sites. AJ4U Golf&Guide / WickedGolfers.com only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information. Certain visitors to AJ4U Golf&Guide / WickedGolfers.com’s websites choose to interact with AJ4U Golf&Guide / WickedGolfers.com in ways that require AJ4U Golf&Guide / WickedGolfers.com to gather personally-identifying information. The amount and type of information that AJ4U Golf&Guide / WickedGolfers.com gathers depends on the nature of the interaction. For example, we ask visitors who sign up at wickedgolfers.com to provide a username and email address. Those who engage in transactions with AJ4U Golf&Guide / WickedGolfers.com are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, AJ4U Golf&Guide / WickedGolfers.com collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with AJ4U Golf&Guide / WickedGolfers.com. AJ4U Golf&Guide / WickedGolfers.com does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics. AJ4U Golf&Guide / WickedGolfers.com may collect statistics about the behaviour of visitors to its websites. AJ4U Golf&Guide / WickedGolfers.com may display this information publicly or provide it to others. However, AJ4U Golf&Guide / WickedGolfers.com does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying.
Information AJ4U Golf&Guide / WickedGolfers.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on AJ4U Golf&Guide / WickedGolfers.com’s behalf or to provide services available at AJ4U Golf&Guide / WickedGolfers.com’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using AJ4U Golf&Guide / WickedGolfers.com’s websites, you consent to the transfer of such information to them. AJ4U Golf&Guide / WickedGolfers.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, AJ4U Golf&Guide / WickedGolfers.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when AJ4U Golf&Guide / WickedGolfers.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of AJ4U Golf&Guide / WickedGolfers.com, third parties or the public at large. If you are a registered user of a AJ4U Golf&Guide / WickedGolfers.com website and have supplied your email address, AJ4U Golf&Guide / WickedGolfers.com may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with AJ4U Golf&Guide / WickedGolfers.com and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. AJ4U Golf&Guide / WickedGolfers.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Business Transfers. If AJ4U Golf&Guide / WickedGolfers.com, or substantially all of its assets, were acquired, or in the unlikely event that AJ4U Golf&Guide / WickedGolfers.com goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of AJ4U Golf&Guide / WickedGolfers.com may continue to use your personal information as set forth in this policy.
AJ4U Golf & Guide / WickedGolfers.com and your privacy (GDPR)
As of the 25th of May 2018, EU citizens have more control over what data companies store and process about them due to the GDPR. At AJ4U Golf & Guide / Wickedgolfers.com, we have the aim to store as little personal details as possible. The personal data we might have from you is the data you have provided. In this manner, no DPA or Data Processing Agreement is needed.
All the information you have provided is available for you in the e-mail that you received upon registration/reservation or purchase. Every customer and newsletter subscriber of AJ Golf & Guide / Wickedgolfers.com has the option to log in and see things like courses you are subscribed to and course progress, plus the option to download purchased products and invoices.
In case you have any more questions about your personal details or for instance would like to change the email address we use to contact you, feel free to mail us.
What is the GDPR?
The GDPR or European Union’s General Data Protection Regulation is a major change in the way we process personal data, in the sense that we all need to be clear about what data we process and where we process that in what way. Openness about what we do with your personal data. That makes all the sense in the world to us. Here’s Wikipedia‘s summary:
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.
In short, as an individual, you need to be able to get proper insights into what personal data of yours is processed by for instance AJ4U Golf & Guide / Wickedgolfers.com, for what purpose and how. And you have the right to have old and irrelevant data deleted (“forgotten”) as well. So if you want your personal data removed from our systems, we must act on that request. This applies to every company that has EU customers or stores any other personal data of EU residents.
Strict take on privacy issues
At AJ4U Golf & Guide / Wickedgolfers.com, we take privacy very seriously. And that is why we store and process as little details as we can to be able to work for you. You’ll rarely find us asking excessive details that we really don’t need for that.
As a general rule, do not give us personal data. Not your own, not your customers’ and not your visitors’. (We actually put this in our Terms of service.) This may sound strange but for most things, we just do not need personal data. And under the GDPR, you should not give us personal data if it is not needed. If we do need personal data, we will ask first.
This is about personal data, not website data
GDPR targets personal data. Where it comes to website data: we need that data to further optimize the website. No personal data is needed for that, so please don’t make this data accessible to us. If you really have to, follow the procedure as described. Of course, we will not touch that data in any way that’s not agreed on.
We at AJ4U Golf & Guide / Wickedgolfers.com will respect your rights.
You have the right to inspect the data we store. On request, we will give you a complete overview of personal data we have of you, and copies as we have them. If you then see errors in that data, we will happily correct it.
As mentioned before, you also have the right to be forgotten. You have the right to have us remove your personal data from our records. We will, of course, act appropriately on your request. But please note that, under the GDPR, we are allowed to keep the data we need to do our work. So if you, for instance, have an active AJ4U Golf & Guide / Wickedgolfers.com account and want support, we are allowed to store your name, email address and the like for that purpose. The same goes for your invoice: tax regulations require us to store these for at least seven years after your purchase. But that just goes for the invoice data itself. Other data we will delete as soon as we no longer need it.
When the personal data in question is from your employees or customers, then they have these rights and you are responsible for ensuring they can exercise them. Tell us beforehand, so we can conclude a data processing agreement to figure out the best way of working here. Do not send us other people’s personal data without a data processing agreement in place.
The GDPR requires us to take “adequate” security measures to protect all personal data we store. All our website are secured using SSL/https, something we have been using for all AJ4U Golf & Guide / Wickedgolfers.com websites. We are monitoring site security and security certificates to make sure your data is as safe and secure as possible.
Needless to say that this page will be adjusted after every step we take in the process of GDPR compliance, for instance, if anything changes in the GDPR rulings.