The Karnataka Golf Association (“KGA”) provides its online services to you subject to the notices, terms, and conditions (“Terms of Use”) set forth in this agreement (“Agreement”). All actions by you on the website of KGA will be governed by this Agreement without prejudice to your membership agreement with the KGA. In addition, when you use any service (e.g., Reviews, Events), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by this reference. KGA reserves the right to change this Site and these Terms of Use at any time. KGA retains the right to deny access to anyone who we believe has violated any of these Terms of Use. If you are a member’s dependent, you may use the KGA’s site facilities only with the consent and involvement of the member.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

The websites (http://www.kga.in and its sub-domains like http://members.kga.in) is owned and operated by the Karnataka Golf Association (“KGA”).

All Members strictly adhere to the Bye-Laws of the KGA.

KGA shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Contents Posted On Site

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of KGA throughout the universe. KGA shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by KGA, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Rules of Conduct on Site

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.(e.g. using images of celebrities, cartoon characters and the like as your profile photograph).

KGA may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of the KGA violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person. Any information provided by you on this site shall not be misleading in any way.

You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:

• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, religious intolerance or physical harm of any kind against any group or individual or is in violation of any laws of India;
• harasses or advocates harassment of another person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
• promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or other content;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
• tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without KGA’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites
• solicits gambling or engages in any gambling activity which KGA, in its sole discretion, believes is or could be construed as being illegal;
• contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
• interferes with another user’s use and enjoyment of the Sites or any other individual’s user and enjoyment of similar services;
• or refers to any website or URL that, in the sole discretion of KGA, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.

Throughout this Terms of Use, KGA’s “prior written consent” means a communication coming from the KGA’s authorised / legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

You must use this Site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of this Site, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, KGA reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which KGA deems appropriate in its sole discretion.

You understand that KGA has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

KGA reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. KGA shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Not withstanding this right of the KGA, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES.

Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of KGA. In no event shall KGA assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. KGA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. KGA does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that KGA is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.

KGA shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Denial of Service / Distributed Denial of Services).

Links

This site may contain links to other web sites or you may be linked through other web sites (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not KGA is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites. We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by KGA. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on KGA site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the KGA site without our prior written consent.

Privacy

Use of the Site is governed by our Privacy Policy, which can be located at http://www.kga.in/privacy_policy.

Disclaimer of Warranties and Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by KGA on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, KGA does not warrant that:

This website will be constantly available or available at all; or The information on this website is complete, true, accurate or non-misleading.

KGA will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website. KGA does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from KGA are free of viruses or other harmful components. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

While availing any of the payment method/s offered by KGA, KGA is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

Lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed by you and between your “Bank/s”; Or any payment issues arising out of the transaction; Or decline of transaction for any other reason/s. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Bengaluru

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the KGA website is presented solely for the purpose of use in India.

Your Account

You agree that any use on the site is at your own risk and KGA is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Copyright Complaint

We at KGA respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at golf@kga.in

Risk of Loss

All payments made on the KGA site are made pursuant to contracts with banks for payment gateway services. This means that the risk of loss is with you the user of the site till such time the payment is received by KGA from the bank.

Disclaimer

KGA tries to be as accurate as possible. However, KGA does not warrant that membership bills description or other content of this site is accurate, complete, reliable, current, or error-free. If a service offered by KGA itself is not as described, your sole remedy is to have it brought to the notice of the office bearers. You should be informed that this in no way entitles you to any claims whatsoever either monetary or otherwise.

Billing/Typographical Error

Amount on the member bill is as it shows may vary, however, due to any technical issue, typographical error or product information received from our backend services. KGA will try to be accurate. However if you come across any difference in amounts on the KGA Website pre- and post-payment, we request you to contact us within 72 (Seventy Two) hours of having made your payment. KGA shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of payment. For Bills paid by Cash / Cheque the refunds will be done by Cheque. For Bills paid by Credit Card the refund will be by way of credit to your card account. If KGA comes across any such difference in amounts, it has all the rights to rectify the same or cancel the payments.

Cancellation of Payments

For Monthly Bills, once a payment has been made online, a Member will not be able to cancel it. For Refund and other issues, Members have to contact KGA and settlements will be made based on the Bye-Laws published by KGA.

For Room Reservation, Cancellation and other settlements will be made by KGA based on the Bye-Laws of KGA.

All Refund and Cancellation settlements will be made by KGA based on the Bye-Laws of KGA.

Our Contact

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to golf@kga.in

Our HELPDESK:

080 – 4009 0000/01