This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.themelvionclub.com (our site) and the service which we provide on our site (our service), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
2. Information about us
www.themelvionclub.com is a site operated by The Melvion Club Limited ("We") or (“The Melvion Club”). We are registered in Scotland under company number SC354814 and have our registered office at 16 Winram Place, St Andrews, Fife, UK, KY16 8XH.
We are a limited company.
3. FEES
We shall give you written advice of the current level of our fees which shall require to be accepted by you in writing prior to your admission as a member of The Melvion Club* and prior to you being given access to our site and service. There shall be an initiation fee to use our site and service (the initiation fee). The initiation fee shall cover your first year’s subscription for using our site and service and covers your membership to The Melvion Club*. Thereafter there shall be a recurring annual membership fee (the annual membership fee). The annual membership fee is subject to review. Any increases in the annual membership fee shall take effect at the beginning of a new year of membership and we will ensure that you are given 3 month’s notice of any such increases. If you are unhappy with any such increase in the annual membership fee you may terminate your agreement with us in accordance with the terms of clause 16.2 of these terms and conditions. The annual membership fee must be paid to us within 28 calendar days of our dispatch to you of an invoice in respect of same. Your failure to make payment in accordance with this clause shall result in your access to our site and our services being suspended until such time as your account is brought up to date.
* For the avoidance of doubt, membership is of the club named The Melvion Club, owned and operated by The Melvion Club Limited. You shall not become a member of The Melvion Club Limited for the purposes of the Companies Act 1985 as amended by the Companies Act 2006.
4. Your obligations
Upon payment of the initiation fee you agree to comply with the following obligations:
4.1 to insert the following information into your personal profile on our site (your profile):
4.1.1 your name;
4.1.2 the golf courses of which you are a member and which you are willing to take other users of our service to play on; and
4.1.3 your preference for being contacted directly by other users of the service or via our Secretariat. If you prefer to be contacted directly you should insert your telephone number and/or email address into your profile;
4.1.4a photograph of yourself (optional);
4.2 to keep your profile up to date;
4.3 to use your reasonable endeavours to accept requests from other users of our service (guest(s)) to play golf at any of the courses which you have listed in your profile and to ensure that the golf is played within such timescale as is agreed between you and the other user with no unreasonable delay on your part; it being agreed that your reasonable endeavours shall include arranging for a fellow member of your golf club to host the guest where you are unavailable. If you are unable to host guests or arrange for them to be hosted by another member of your club without an excuse, reasonable in the sole opinion of our Secretariat, then we may terminate our agreement with you in accordance with the terms of clause 16.3(ii) of these terms and conditions.
5. Accessing Our Site
5.1 Access to our site and our service is at our entire discretion and we reserve the right to decline access to any person applying to make use of them. Access is only permitted where the relevant subscription fee has been paid in full. We reserve the right to withdraw or amend our service without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
5.2 We may restrict access to the main parts of our site to our subscribers.
5.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
5.4 You are responsible for making all arrangements necessary for you to have access to our site. Our service is personal to you and so you are not permitted to allow others to access our service using your user identification code or password.
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Content posted on our site
7.1 Any material which you post to our site or insert into your profile will be considered non-confidential and non-proprietary. We will have no obligations to respect such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are solely responsible for the content that you publish, submit, post or display (post) on our site or transmit to other users of our service. You represent and warrant that at any time of posting content is accurate, not in breach of these terms and conditions and not harmful to any person in any way and you indemnify us from any breach of this warranty.
7.3 We may review and delete any content, messages, photos, profiles or other information which you post (content) that in our reasonable judgement violates these terms and conditions or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of others.
7.4 By posting content to our site, you automatically grant, and you represent and warrant that you have the right to grant, to us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, display and distribute such information and content.
7.5 We disclaim all liability and responsibility arising from any content posted on our site by any users of our site and service.
7.6 You must use our site and service in accordance with any applicable laws, rules and regulations.
7.7 Any personally identifiable information which relates to a living individual who can be identified from that information which you provide to us directly and not through posting on our site or to your profile will be used in accordance with our privacy policy.
8 Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
9 Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
9.7 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
9.8 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of profits or contracts;
9.8.1 loss of anticipated savings;
9.8.2 loss of data;
9.8.3 loss of goodwill;
9.8.4 wasted management or office time; and
9.9 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10 Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
11 Viruses, hacking and other offences
11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12 Disputes with other users of our site and service
You are solely responsible for your interactions with other users of our service. We reserve the right, but have no obligation, to monitor disputes with other users. If disputes do arise, notification of such should be provided to our Secretariat. The Secretariat’s decision on such matters shall be final.
13 Linking to our site
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (a copy of which can be provided upon request to secretariat@themelvionclub.com.
13.4 If you wish to make any use of material on our site other than that set out above, please address your request to secretariat@themelvionclub.com.
14 Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15 Jurisdiction and applicable law
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by Scots law.
16 Term and termination
16.1 These terms and conditions will remain in full force and effect while you make use of our site and service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (as amended), you can postpone commencement of the service until the seven working day cooling-off period has expired. However, if you choose to enter the site and activate your profile, you are electing to commence the service immediately and you thereby waive any right to cancel the service under the above Regulations.
16.2 If you do not wish to renew your annual subscription to our site and our service then you will be liable to pay a termination fee equal to the annual membership fee for the preceding year, such termination fee to be paid within 1 calendar month of the end of the period covered by the last annual membership fee.
16.3 Without prejudice to any other rights or remedies which we may have, we may terminate the agreement between us without liability to you and immediately on giving you notice if you (i) fail to make payment of the annual membership fee in accordance with these terms and conditions; (ii) breach these terms and conditions; or (iii) are deemed unable to pay your debts as they fall due or have no reasonable prospect of being any to do so.
17 Release
17.1 In the event that you have any claim or action against any other user of our site and service arising from that person’s use of our site and service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
17.2 In the event that a claim or action is brought against us from your activities or use of the site or service, including any breach by you of these terms and conditions or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as full as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter if we wish to do so.
18 SEVERENCE
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions will remain in full force and effect.
19 Assignation
We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
20 Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of these terms and conditions or use of our site.
21 Other
These terms and conditions, accepted upon payment of the initiation fee and further affirmed by use of our site, contains the entire agreement between us regarding the use of the site and/ or the service. If any provision of these terms and conditions is held invalid, the remainder of this agreement shall continue in full force and effect.
22 Trade marks
The Melvion Club is a trade marks of The Melvion Club Limited.
23 Variations
We may revise these terms of use at any time by amending this page. We shall notify you in writing should any amendment to these terms be made. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
24 Notices
24.1 Any notice or other communication required to be given under these terms and conditions shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the other party or as otherwise specified by the relevant party by notice in writing to the other party.
24.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
24.3 This condition 24 shall not apply to the service of any in any proceedings or other documents in any legal action.
24.4 A notice or other communication required to be given under or in connection with the Contract shall not be validly served if sent by e-mail.
25 Your concerns
If you have any concerns about material which appears on our site, please contact secretariat@themelvionclub.
