This page contains the terms and conditions for use of this website and - further down this page - the terms and conditions for our competitions.
Terms and conditions of use of this website
Top 100 Golf Courses Ltd (hereinafter referred to as Top 100) allows you to use this website on the condition you accept the following terms and conditions (as amended from time to time). These Terms and Conditions of Use shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. Use of the Top 100 Golf courses website and associated services implies acceptance of all of there terms and Conditions. If you are not satisfied with any aspect of it please do not continue to use the website and services. These terms and conditions may change from time to time and you are deemed to have accepted the current version each time you use this site. If you do not agree to these terms, do not use this website.
All website content - including, but not limited to, design, text, graphics, layout, course rankings, reviews, all source code and all other material on this website are copyright Top 100, unless otherwise indicated. All rights are reserved. You may print or download extracts from this material only for your personal use. Any other use of the material and content of the website is strictly prohibited. None of Top 100's material or information may be used for any commercial or public use. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of Top 100's content. No part of the Top 100 website or any material appearing on the website may be reproduced or stored in or transmitted to any other web site without the prior written permission of Top 100. No material appearing on the website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Top 100.
3. Content submitted to the Top100 website & Moderation
You acknowledge that Top 100 does not moderate all content - including, but not limited to - reviews, responses to reviews and news items, as submitted by site visitors, but that Top 100 shall have the right in its sole discretion to refuse or remove any content that violates our terms or we find is in any other way inappropriate or objectionable. You agree that you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You may not submit third party proprietary information to Top 100 without first obtaining permission from the owner. Any content provided by you by, for example, posting a course review or response, sending us course photos, or engaging in any other form of communication through this website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing Top 100 to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to unconditionally and irrevocably waive your rights in perpetuity in respect of such content the benefit of any provision of law known as moral rights of authors or any similar law in any country. You understand that you are entirely responsible for all information - including, but not limited to - data, text, photographs, graphics, reviews, etc. - that you send to, post on or otherwise transmit to or via this website. Top 100 does not control or moderate all the content posted on the website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the website, you may be exposed to content that is offensive or objectionable, and that because Top 100 is not a completely moderated website this cannot be prevented. Top 100 shall not be responsible for any such content posted by users in reviews, responses to review or the blog or other community areas. All such content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of Top 100. Top 100's total responsibility to you is to remove information if they agree it is offensive, indecent or objectionable after you have informed them of your objection.
4. Use of the Top 100 website
You agree to only use Top 100 website in a way that is proper and related to the website, and not to use the website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose. You will also not restrict or in any way inhibit any other user from using the website.
You agree that when using the website you will not upload, post or otherwise transmit any information that is :-
i) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy.
ii) any content that you do not have a right to transmit under any law or any content (or use the website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
iii) any content that contains any patent, trademark, copyright or other intellectual property rights of any party, unless you own or control the rights thereto or have received all necessary permissions.
iv) any material including, but not limited to - software viruses or any other files or programs that may interrupt, destroy or limit the functionality of any Top 100 Site or any servers or networks connected to such Top 100 Site or another's computer, spam or mails bombs or other such programs.
v) any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
Top 100 reserves the right to deny in its sole discretion any user access to this website, or any portion thereof, without notice.
5. Links to external websites
This website may contain links to websites operated by parties other than Top 100. Such links are provided for your convenience only. Top 100 does not control such websites, and is not responsible for their contents. Top 100's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Top 100 assumes no liability, obligation or responsibility for any part of any potential transaction, dealing, correspondence or participation with external websites.
6. Limitation of liability
Use of the Top 100 website and the facilities thereon, and any material or information obtained from this website is at your own risk, and Top 100 hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including, but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In no event will Top 100 be liable to any party for any direct, indirect, special or other consequential damages for any use of or inability to access, this website, or on any other linked website, including, without limitation any lost profits, business interruption even if we are advised of the possibility of such damages. Nothing in these Terms and Conditions shall exclude or limit Top 100's liability for death or personal injury resulting from the negligence of Top 100 or that of its servants, agents or employees.You agree to indemnify Top 100 in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the Top 100 Sites.
If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Top 100's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Top 100 in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Top 100.
Terms and Conditions for Competitions
These terms and conditions together with any specific rules set out on the Competition Page are the Competition Rules and apply to all competitions on the Top 100 Golf Courses website. By entering a Competition, entrants agree to be bound by these Rules.
1. Each Competition is organised by Top 100 Golf Courses Ltd based at Moorlands, Gammaton Moor, Bideford, Devon EX39 4QE, United Kingdom
2. Rules specific to each Competition are displayed on the Competition Page and are incorporated into these Rules. In the event of differences or discrepancy between these terms and conditions and the Competition Page , the Competition Page shall prevail.
3. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Top 100 Golf Courses shall be final and no discussion or correspondence shall be entered into.
4. Top 100 Golf Courses reserves the right to cancel or amend the Competition or the Rules without notice in case of any event outside Top 100 Golf Courses's reasonable control. Any changes will be posted either within these terms and conditions or the Competition Page.
5. Members of the Top 100 team (or their families) or any company involved in the Competition are not eligible to enter the Competition. Top 100 Golf Courses reserves the right not to award a prize (and to select an alternative winner) if Top 100 Golf Courses is aware or has reasonable grounds to believe that a winner is not eligible. Top 100 Golf Courses also reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
6. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire. These will be set out on the Competition Page. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Top 100 Golf Courses reserves the right to verify the eligibility of all entrants.
7. You are not entitled to enter the Competition if you are resident of a jurisdiction or a country where the Competition may breach any law or regulation. Where this applies, Top 100 Golf Courses’s invitation to enter the Competition in such a jurisdiction and/ or is withdrawn.
8. Top 100 Golf Courses assumes that by using the website and entering the Competition you warrant that you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.
9. In the event that any entrant is disqualified from the Competition, Top 100 Golf Courses in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.
10. Unless stated otherwise in the Competition Page, you may enter the Competition as many times as you like. However where a winner has been selected and Top 100 Golf Courses discovers or has reasonable grounds to believe the winner has used any software or automated process either to answer questions or to make bulk entries, Top 100 Golf Courses may select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules.
11. Competition entries must be made in the manner and by the closing date and time specified on the Competition Page. Failure to do so will disqualify the entry.
12. There is no purchase requirement to enter a Competition and there is no charge to register for use of the website.
13 Proof of posting or emailing cannot be accepted as proof of delivery. Top 100 Golf Courses cannot accept responsibility for any error, omission, interruption, deletion or other causes outside Top 100 Golf Courses’s control.
14. Unless stated otherwise in the Competition Page, prize winners will be chosen at random from all correct Entries (for competitions involving answering questions or where entry is by emailing or otherwise providing a name and/or contact details to Top 100 Golf Courses) or from all submitted entries (where creative or artistic merit or other subjective criteria apply to entries (unless these are being judged as set out in the Competition Page)), within 28 days of the closing date specified in the Competition Notice. A tie break situation will be judged by Top 100 Golf Courses and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and Top 100 Golf Courses shall be final and no discussion or correspondence shall be entered into.
15. Where Entries are being judged on creative or artistic merit or other subjective criteria, Top 100 Golf Courses and/or the Competition judges reserve the right not to select a winner, and/or to remove or amend selection criteria and/or the structure and operation of the Competition if Entries are not of the required standard.
16. Prize winners will be notified usually by email in within the time specified on the Competition Page (and may be contacted Top 100 Golf Courses’s nominated supplier(s)). Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is available to be awarded only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the website or you can write to Top 100 Golf Courses, Moorlands, Gammaton Moor, Bideford, Devon, EX39 4QE, United Kingdom naming the specific competition including a self-addressed stamped envelope for a list of winners.
17. Prizes are awarded at Top 100 Golf Courses’s discretion and all prizes are non-transferable and there is no cash alternative. Top 100 Golf Courses reserves the right to substitute prizes of equal or greater value at any time.
18. All taxes, insurances, travelling expenses, accommodation, transfers, meals or personal expenses/spending money and any other expenses, unless specifically stated, are the sole responsibility of the prize winner.
19. In consideration of Top 100 Golf Courses agreeing to consider entrants to the Competition, each entrant hereby agrees that Top 100 Golf Courses may make any and all Entries available on the website and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Entries may be made available with advertising and/or sponsorship. You now grant Top 100 Golf Courses a non-exclusive, worldwide, irrevocable licence to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Entry for such purposes.
20. Top 100 Golf Courses does not guarantee to use or otherwise make available any Entry. Top 100 Golf Courses may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to Entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason. No prizes will be awarded as a result of improper actions by or on behalf of any entrant.
21. Your Entry and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your Entry and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Top 100 Golf Courses reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
22. Top 100 Golf Courses cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Nothing shall exclude Top 100 Golf Courses’s liability for death or personal injury as a result of its negligence.
23. Winners may be requested to take part in promotional activity and Top 100 Golf Courses reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
25. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. The Top 100 Golf Courses website is based in the United Kingdom. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.26. You can contact us in relation to any Competition by writing to Top 100 Golf Courses Ltd, Moorlands, Gammaton Moor, Bideford, Devon, EX39 4QE, United Kingdom or by emailing us at [email protected]