Parkcity Sporting Ventures Private Limited (“PSVPL”), a company incorporated under the laws of India, having its registered office at F- 28/5, Okhla Industrial Area Phase II, New Delhi 110020, is providing the Services (defined and mentioned hereinafter).
All references in the Agreement (defined hereinafter) to ‘you’ or ‘your’ shall be references to user/ subscriber of the Services who accesses and/or uses the Facilities. In case the user is a minor, the reference to you / your and similar expressions shall be construed as reference to the legal guardian of such minor. Your access and use of the Golf Facility and use of the Services (collectively referred to as “Facilities”) is governed by and subject to the terms and conditions mentioned herein (“Agreement”).
In this Agreement, unless inconsistent with the context or otherwise specified, the following words and expressions shall have the following meanings:
1.1 “Force Majeure Event” means any act or event that prevents PSVPL from performing its obligations under this Agreement or complying with any conditions required to be complied PSVPL under this Agreement, if such act or event is beyond the reasonable control of or is not due to fault of PSVPL or PSVPL has been unable to avoid such act or event by the exercise of prudent foresight and due diligence.
1.2 “Golf Facility” means the Hamoni Golf Camp, a golf practice and training facility located at C. K. Farm, Carterpuri, Sector 23 A, Gurgaon, Haryana – 122017, maintained and operated by PSVPL, either directly, or through affiliates, agents, subcontractors, etc.
1.3 “Services” means any or all of the following services provided by PSVPL pursuant to this Agreement:
(i) Providing access to the Golf Facility for purposes of practicing and training in golf.
(ii) Providing branded / non branded merchandise and goods for sale at the Golf Facility.
(iii) Providing golf equipments for sale & rental, club fittings at the Golf Facility.
(iv) Providing snacks, refreshments and drinks for sale at the Golf Facility.
(v) Providing training and coaching facilities at the Golf Facility.
(vi) Such other facility as may be notified by PSVPL from time to time.
2. ACCEPTANCE TO THE AGREEMENT
2.1 Your use of the Facilities shall be subject to your acceptance, confirmation and ratification of the Agreement upon enrolment. PSVPL shall have the right to specify rules and directions, including safety instructions, in relation to access and usage of the Facilities. You shall be bound to follow and comply with all such rules and directions specified by PSVPL, from time to time.
2.2 Further, your access and use of the Facilities constitutes your agreement, ratification and acceptance to be bound by the Agreement, as amended from time to time. Please keep a copy of this agreement for your records.
2.3 You represent, warrant and undertake to PSVPL that you and are legally competent to use the Facilities and have the capacity to be bound by this Agreement
3. USAGE OF THE FACILITIES
3.1 In case you enrol and choose the card option, your access to the Golf Facility and the Services shall be facilitated and managed by an e-card issued to you by PSVPL called the ‘Hamoni Golf Camp Card’ or ‘HGC Card’. You shall not be granted access to the Golf Facility and Services without swiping of the HGC Card with required value at the prescribed card reader. This Agreement also describes the terms and conditions that apply to the prepaid account of your HGC Card. By using your HGC Card, you agree to the terms of this Agreement. In case you opt for general (non-card) mode to access to the Golf Facility and use the Services, you shall be required to follow the payment methods and access mechanism as communicated to you by PSVPL from time to time. In such an event PSVPL shall issue proper receipts against all payments made by you for using the Facilities.
3.2 Your right to access the Golf Facility and use of the Services is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use the Facilities only for lawful purposes. You shall not engage in any immoral or illegal practices and shall indemnify PSVPL of any loss and damage caused to Golf Facility or any equipments or objects thereon or PSVPL arising out of your actions.
3.3 Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, power failure, the malfunction of any instruments, equipment, periodic shutdown, maintenance or repair of the Golf Facility or any part thereof or other actions that PSVPL, in its sole discretion, may elect to take. PSVPL may not always be able foresee or anticipate technical or other difficulties that may result in obstruction or interruption in your usage or access of the Services. PSVPL does not assume any responsibility or liability in this regard. No refunds will be entertained in respect of interruption of play due to any of the aforesaid reasons and Force Majeure Events.
3.4 In case due to reasons, including, without limitation, power failure, the malfunction of any instruments, equipment or maintenance or repair of the Golf Facility or any part thereof, you are not able to use the HGC Card for accessing and using the Facilities, you may be required to make cash payments at the relevant counters in the Facility for using the Services. In such an event PSVPL shall issue proper receipts against all payments made by you for using the Facilities.
3.5 You shall not cause any injury to any person as result of your usage of the Facilities. You as a player should ensure that no one is standing close by or in a position to be hit by the club, the ball or any stones, pebbles, twigs or the like when you make a stroke or practice swing. You should not play until the players in front are out of range. You should always alert the staff nearby or ahead when you are about to make a stroke that might endanger them. If you play a ball in a direction where there is a danger of hitting someone, you should immediately shout a warning or refrain from taking your stroke until the person is out of range. You should be mindful of the boundary of the Golf Facility while practising and training and abstain from hitting the ball beyond the boundary of the Golf Facility.
3.6 You shall not cause any damage to the Golf Facility or any equipments or objects thereon in any manner whatsoever. In case you cause any damage to the Golf Facility or any equipments or objects thereon, you shall be liable to pay such fine and cost as decided by PSVPL and upon your failure to do so, you shall not be allowed to access the Facilities and all the balance on your HGC Card shall be forfeited. You shall maintain decorum and abstain from causing any inconvenience to other users. You shall not engage in any unfair or improper activities and conduct at the Golf Facility.
3.7 PSVPL shall have the sole and absolute right to prescribe and, from time to time, revise the fines that may be recovered from subscribers in case any subscriber causes any damage to the Golf Facility or any equipments or objects thereon. Currently the amounts of fines prescribed by PSVPL for various acts/omissions of the subscribers are as follows:
• Any damage caused to the rental golf club equipment – Rs. 500 (Rupees Five Hundred only) per golf club, per instance.
4. YOUR ACCOUNT
4.1 The HGC Card is issued to you by PSVPL. It allows you to load an Indian rupee value onto your HGC Card for access to the Golf Facility and use of Services. The value that you load onto your HGC Card is a prepayment only for your access to the Golf Facility and use of Services therein. No credit card, credit line, overdraft protection or deposit account is associated with a HGC Card. Unless otherwise required by law or permitted by this Agreement, any amount on your HGC Card is non-refundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a HGC Card will accrue or be paid or credited to you by PSVPL. The value associated with the HGC Card is not assured and insured in any manner in case of theft or loss etc., of the HGC Card.
4.2 This HGC Card can be used only at the Golf Facility for gaining access and availing Services. This HGC Card is not a substitute for currency and cannot be used anywhere else, except for the Golf Facility, or for any other purposes. PSVPL reserves the right not to accept any HGC Card or otherwise limit use of a HGC Card if PSVPL reasonably believes that the use is unauthorized, fraudulent or otherwise unlawful. You can load value on the HGC Card by visiting the Golf Facility by paying the relevant amount in cash or through credit or debit card. The minimum amount that must be loaded onto your HGC Card shall be as intimated to you by PSVPL from time to time. PSVPL may change the minimum reload value amounts at any time by notifying you at the Golf Facility or on the Hamoni Golf Camp website: www.hamonigolf.com and such change shall not constitute an amendment to this Agreement. All amounts loaded onto your HGC Card are held and denominated in Indian Rupees. Amount loaded or balance on the HGC Card will expire and be forfeited if not used within 12 months (365 Days) from date of last usage/ reload.
4.3 PSVPL may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain transactions on, or changes made to, your HGC Card account, including a change in your account information.
5.1 For use of Services, you shall be required to pay PSVPL such fees, rentals and charges as may be intimated to you by PSVPL from time to time (“Charges”) and in such manner as indicated. PSVPL shall have the sole right and discretion to devise packages, rates and terms thereof in relation to the Facilities.
5.2 In case, you are unable to use your HGC Card or PSVPL is unable to provide you the HGC Card on account of reasons like power failure, internet connectivity problems, malfunction of any instruments, equipment or maintenance or repair of the Golf Facility or any part thereof, you may be required to make cash payments at the relevant counters in the Facility for using the Services. PSVPL shall issue proper receipts against all payments made by you for using the Facilities.
5.3 One time Registration and Card Activation Fees of Rs. 200 (including GST) is charged by PSVPL for the issuance and activation of your HGC Card. Your HGC Card will be blocked and deactivated if your account/ HGC card is terminated subject to Clause 14 hereinbelow.
5.4 You would not be sent statements of itemized transactions for your HGC Card. You can check the balance of your HGC Card or review recent transactions on your HGC Card at the Golf Facility. You will need to have your HGC Card available in order to access your account. When you use your HGC Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the usage / purchase that was made using a HGC Card and will provide the remaining balance of your HGC Card. You should keep your receipts and check your statement to ensure that your account balance is correct.
6. BILLING ERRORS, CORRECTIONS
PSVPL reserves the right to correct the balance of your HGC Card account if it believes that a clerical, billing or accounting error has occurred. If you have any questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your HGC Card, please email your query/concern to us at email@example.com. PSVPL will conduct an investigation and communicate the results and correct any error that PSVPL has identified as soon as PSVPL finishes the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 15 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
7. LIABILITY FOR UNAUTHORIZED TRANSACTIONS
7.1 You are responsible for all transactions associated with your HGC Card, including unauthorized transactions. PSVPL shall not be responsible or liable for any damage to or loss of the HGC Card and the balance on your HGC Card is not protected in case of such eventualities. If your HGC Card is lost, stolen or destroyed, the HGC Card can be reissued subject to your paying the Card Activation Fees of Rs. 200 (including GST). Provided however, PSVPL shall not be responsible for balance on HGC Card or the replacement card.
7.2 If your HGC Card becomes lost, stolen or damaged, you should contact us immediately by contacting the reception at the Golf Facility or sending us an email at firstname.lastname@example.org mentioning your HGC Card number and other account information. PSVPL shall not be responsible for any misuse of the HGC Card or any information in relation to the HGC Card in any case. You shall not, directly or indirectly, engage in tampering or duplication of the HGC Card. If you are found engaged in duplication or tampering of any HGC Card, your access and use of Facilities shall be terminated immediately and any and all balance in your HGC Card shall be confiscated.
8. YOUR INFORMATION
8.1 Prior to obtaining access and right to use the Facilities or any time thereafter, you may be required to provide to PSVPL necessary information like your name, address, age, email address, mobile number, address proof, identity proof or other contact information and content (collectively “Account Information”). In order for the Facilities to function effectively, you must also keep your Account Information up to date and accurate. In case you become aware of any unauthorized use of your Account Information, you should notify PSVPL immediately. By providing PSVPL with your e-mail address, you agree to receive all required notices electronically, to the e-mail address provided.
8.2 You agree to license, free of any fee or charge, the Account Information to PSVPL for the purpose of providing the Services. PSVPL may use such Account Information to provide the Services to you. By submitting Account Information, you represent that you are entitled to submit it to PSVPL for use for this purpose, without any obligation by PSVPL to pay any fees or charges or other limitations.
9. PRIVACY AND CONFIDENTIALITY
9.1 PSVPL collects several types of information. The information collected by PSVPL is primarily used to serve you better and maintain authenticity of Services by identifying you. Details of such information are as follows:
(i) PSVPL collects Account Information, which generally can be information that can be used to identify you individually.
(ii) PSVPL may email you or post various surveys or other items, to gather your opinion. The surveys may request for information pertaining to you and/or your feedback on Services.
(iii) PSVPL may collect Account Information, non-personal or other information when you post, submit or provide comments, questions, complaints or suggestions regarding services being provided by PSVPL.
(iv) PSVPL may also collect information regarding your usage of Facilities.
9.2 PSVPL might use your information for the following purpose:
(i) Business analysis and promotions
(ii) The information collected can be used by PSVPL by itself or by its affiliates/ contractors/ agents for analysis and determination of statistics, demand and supply, pattern of usage etc.
(iii) The information can also be used by PSVPL/ contractors/ agents for marketing and/ or promotion of Services or new services.
(iv) The information can also be used by PSVPL with respect to executing or completing the Services.
(v) Identify you when you access the Facilities.
(vi) Contact you by email, mail or telephone.
9.3 PSVPL undertakes not to disclose information collected by the PSVPL at any time to any third party except for the purposes and in the manner specified herein. However, PSVPL also reserves the right to disclose Information in good faith:
(i) if required by law or any authority;
(ii) to protect and defend rights and interests of PSVPL, shareholders/ directors/ employees/ agents of PSVPL, other users or the general public;
(iii) to enforce this Agreement and other policy of PSVPL;
(iv) to address concerns raised by a third party;
(v) to provide Services to Users.
9.5 Although, PSVPL has ensured the security of Account Information collected, however, PSVPL assumes no liability whatsoever with respect to access of Information by hackers without permission of PSVPL.
9.6 Information collected by PSVPL is considered to be trade secret of PSVPL. As the owner of such trade secret, PSVPL has right to disclose or sell the Information as an asset of PSVPL during any audit, sale or merger.
10. PSVPL’S INTELLECTUAL PROPERTY RIGHTS
PSVPL shall have the sole and exclusive rights over all the intellectual property associated with the HGC Card, Golf Facility and the Services. The appearance, design, architecture, finish, artwork, layout, ‘look and feel’, including text, graphics, images, logos and appearing on the Golf Facility, photographs, names, trade names, trademarks and other materials, including the trademarks and trade names ‘Hamoni’, ‘Hamoni Golf Camp’, ‘HGC’, ‘HGC Card’ and ‘Hamoni Golf’ are sole property of PSVPL, and are subject to protection under the applicable intellectual property and other laws.
11. ACCESS AND INTERFERENCE
11.1 PSVPL reserves the right and sole discretion to decide whether or not a person or entity would be allowed to avail of the Facilities.
11.2 You understand and agree that you are prohibited from doing any of the following:
(i) Damaging, in any manner, the Golf Facility or any moveable of immovable property situated thereon;
(ii) Disturbing or causing nuisance to other users or interfering with other users’ use of the Services, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others;
(iii) Using the Golf Facility or the Services for any unauthorised, unlawful or immoral purposes.
You shall indemnify, defend and hold harmless PSVPL, its directors, officers, representatives, employees and agents, affiliates, consultants and advisers (collectively, the “Indemnified Persons”) from and against any and all losses, damages, claims, fines, fees, penalties, interest obligations, deficiencies, and expenses suffered or incurred by the Indemnified Persons, as a result of, arising from failure to perform (whether in whole or part) any obligation required to be performed by such you pursuant to this Agreement, or breach by you of any duty or obligation cast upon you pursuant to this Agreement, or as a result of claim raised by any third party in relation to this Agreement or subject matter of this Agreement or any of your actions and inactions. The indemnification rights of the Indemnified Persons under the Agreement are independent and are in addition to other rights and remedies available under Law or equity.
13. PSVPL’S LIABILITY
Notwithstanding anything to the contrary in this Agreement, PSVPL’s liability to you for any cause whatever and regardless of the form of the action, shall at all times be limited to the last valid and unexpired balance amount, subject to Clause 4.2 hereinabove, held in your HGC Card. In the event that PSVPL or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your HGC Card. PSVPL and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall PSVPL or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a HGC Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond PSVPL’s control.
14.1 PSVPL may at any time, in its sole discretion, terminate the Agreement with you by providing you a 1 (one) month notice in writing which may be sent to you to the e-mail address provided by you as part of your Account Information. If this Agreement is terminated pursuant to this clause 14.1, PSVPL will refund the valid and unexpired balance amount, subject to Clause 4.2 hereinabove, held in your HGC Card account less any amounts that you may owe to PSVPL, subject to you depositing the HGC Card to PSVPL. All refunds shall be done by cheques or demand drafts issued in the name of the concerned user within 60 (sixty) working days of the termination of the Agreement.
14.2 PSVPL shall have the right to immediately suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you in case you breach any provision of this Agreement our cause any injury to any person while using the Facilities.. Termination may result from your fraudulent or unauthorized use of the HGC Card. If PSVPL terminates this Agreement on account of any fraudulent or unauthorized use of the HGC Card or breach of any of its obligations under this Agreement by a user,
PSVPL will not be required to refund any amount to you and the balance held in your HGC Card shall be confiscated. PSVPL shall not be liable to refund the balance on your card in case you terminate this Agreement at will.
15. MODIFICATIONS OF THIS AGREEMENT
15.1 PSVPL shall have the right to modify this Agreement from time to time, including any rights or obligations you or we may have. You will be notified of any and all changes to this Agreement through an email/ SMS, as per the contact information shared with PSVPL at the time of registration of your HGC card, and a notice at the Golf Facility. You are deemed to accept and agree to be bound by any changes to the Agreement when you visit the Golf Facility or use the Facilities after such changes are made. PSVPL will also post the terms to the modified agreement on our website.
15.2 As permitted by applicable law, any change, addition or deletion will become effective at the time we intimate the same to you vide email/ SMS notice or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing HGC Card and use of Facilities. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within 7 days of the date of our notice or such other time specified in the notice, or (2) you use your HGC Card after such notice period. If you do not accept the changes, additions or deletions, your HGC Card will be cancelled and any valid and unexpired amounts, subject to Clause 4.2 hereinabove, remaining on your HGC Card will be refunded to you.
16. EFFECTS OF EVENTS BEYOND PSVPL’S CONTROL
PSVPL shall not be in breach of any obligation under this Agreement to the extent it is delayed in the performance of, or is unable to perform (whether partially or fully) such obligations as a result of the occurrence of an event of Force Majeure. PSVPL shall give notice to the Users of the occurrence of an event of Force Majeure as soon as reasonably practicable. PSVPL shall also forthwith provide notice to the Users upon cessation of the relevant event of Force Majeure. PSVPL shall have a right to terminate the Agreement and refund the valid and unexpired balance held in your HGC Card account, less any amounts that you may owe to PSVPL, upon happening of any of the following events:
(i) acquisition of the Golf Facility by any government or other authority;
(ii) enactment of any law or issue of any directive by any government or public authority, which results
in closure of the Golf Facility;
(iii) a Force Majeure Event continues for a period of 3 months.
17.1 PSVPL makes no representations, warranties or conditions of any kind, express or implied, with respect to the Facilities or the HGC Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. PSVPL disclaims any warranties, expressed or implied, as to the quality, accuracy, efficacy, completeness, performance or fitness of the Golf Facility for any particular purpose. PSVPL makes no representations or warranties of any kind, express or implied, as to the operation of the Facilities or of the Service. PSVPL does not represent or warrant that your HGC Card will always be accessible or accepted.
17.2 PSVPL and its owners/affiliates shall not be liable for any accidents, injuries to the users, damages caused by any performance, failure of performance, error, omission, interruption in relation to the Facilities. You shall be solely liable for any and all injuries caused to any person by you and your usage of the Facilities. You shall indemnify PSVPL for all claims made against PSVPL by such victim or any other person.
PSVPL may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to you. PSVPL shall then be released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
19. DISPUTE RESOLUTION
19.1 You must first present any claim or dispute to us by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may request arbitration as per Clause 19.2, if your claim or dispute cannot be resolved within 60 working days.
19.2 Any dispute, difference, controversy or claim arising out of or relating use of the Facilities by you or relating to or arising out of this Agreement or the construction, interpretation, breach, termination or validity thereof, which is not resolved as per Clause 19.1, shall be finally settled under the rules of arbitration set out under the Indian Arbitration and Conciliation Act, 1996 by sole arbitrator mutually appointed by the PSVPL and you. The place of arbitration shall be New Delhi and all the arbitration proceedings shall be conducted in the English language. Subject to Clause 12 (Indemnity) above, each party shall bear its respective costs of the arbitration, unless arbitrators otherwise direct in their arbitral award.
20. GOVERNING LAW AND JURISDICTION
This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by and construed in accordance with Indian Law. Subject to the provisions of Clause 19 above, providing for arbitration, for any legal proceedings, the courts of competent jurisdiction at Gurgaon, Haryana shall have exclusive jurisdiction in relation to such proceedings.