1About These Terms
These Venue Terms apply to every business that creates a venue account on Golf SimPass, whether it uses the free venue listing (a public profile of the venue, with no online booking) or a paid Golf SimPass plan (online booking, gift cards, memberships, leagues and related tools).
Golf SimPass is operated by Soarware Labs Inc. By creating a venue account, ticking the consent box at signup, or using Golf SimPass for your venue, you accept these Venue Terms on behalf of the business you represent. How we handle personal information is described in the Privacy Policy.
Players who book or play at your venue use Golf SimPass under the separate Player Terms of Use.
2The Parties
In these Venue Terms:
- “Soarware Labs,” “we,” “us,” and “our” mean Soarware Labs Inc.
- “You” and “your” mean the business that owns or operates the venue, and the individual who creates or uses the venue account for it.
- “Venue” means the golf simulator facility, studio, club, academy or similar location described in your account.
- “Listing” means the public Golf SimPass page and directory entry for your Venue, including its name, address, contact details, description, photos, amenities, opening hours and bay details.
- “Players” means people who find, book, visit or play at your Venue through Golf SimPass.
- “Paid Plan” means a paid Golf SimPass subscription — the Golf SimPass booking engine, charged per bay per month on its own or with Golf Simulator Automation — or another plan we agree with you.
Golf SimPass is a product and service operated by Soarware Labs. Golf SimPass is not a separate legal entity.
3Eligibility and Authority
To create a venue account you must be at least 18 years old and you must own the Venue or be authorised by its owner to list it and to accept these Venue Terms for it.
You confirm that the business details you give us are true, and that you have the right to publish the Venue’s name, details and photos. We may ask for reasonable proof, such as a business email address, a website or a phone call to the Venue, before we publish or keep a Listing.
4Your Account
You must give an accurate email address and confirm it before a free Listing can be used. Keep your password private and do not share your account. If you add staff accounts, you are responsible for what they do and for removing them when they leave.
If you forget your password, use “Forgot password?” on the sign-in page. Setting a new password that way signs your account out on every other device.
Tell us promptly at info@golfsimpass.com if you believe your account has been used without your permission.
5The Free Venue Listing
The free Listing lets you publish a profile of your Venue for Players: its details, photos, amenities, opening hours and bay details. It does not include online booking, payments, gift cards, memberships or leagues. A free Listing shows Players how to contact you directly instead.
There is no charge for the free Listing. We will not charge you for anything unless you choose a Paid Plan or another paid service and agree to its price. We may change what the free Listing includes; where a change removes something you rely on, we will give you reasonable notice.
6Review and Publication
We check every free Listing before it appears on Golf SimPass, and we may check it again at any time. We may approve a Listing, ask you to change it, decline it, or take it down, for example where:
- the details are incomplete, inaccurate or misleading;
- the Listing appears to duplicate another venue, or to be made by someone who does not run the Venue;
- photos or text are unrelated to the Venue, of poor quality, or infringe someone else’s rights;
- the Venue appears to be closed, or does not offer golf simulation; or
- the Listing breaks these Venue Terms or the law.
When we ask for changes or take a Listing down, we tell you why by email and in your dashboard, and you can fix it and send it for review again. We decide how Listings are ordered, filtered and displayed; we do not guarantee any position, number of views or number of bookings.
7Your Content
You keep ownership of the text, photos and other material you add to your account (“Venue Content”). You grant Soarware Labs a non-exclusive, worldwide, royalty-free licence, for as long as your Listing is on Golf SimPass, to host, store, copy, resize, format, display and distribute your Venue Content on the Golf SimPass website and mobile apps, in venue directories and search results, and in material that promotes Golf SimPass and its venues.
You confirm that you own your Venue Content or have permission to use it this way, and that any identifiable people in your photos have agreed to appear in them. When you remove Venue Content or close your account, we stop showing it within a reasonable time; copies may remain for a limited period in backups, caches, and material already published.
8Keeping Your Venue Details Accurate
Players rely on your Listing to decide where to play. Keep your address, phone number, website, opening hours, bay details and any prices you show up to date, and correct anything that becomes inaccurate. You are responsible for the accuracy of the details you publish.
We may correct obvious errors, such as a misplaced map pin or a broken link, and we will tell you if we change something material.
9Paid Plans
You can move from a free Listing to a Paid Plan at any time, and everything you built for your Listing carries over. The plan, its features, price and currency, applicable taxes, billing frequency, renewal terms and any trial, guarantee or promotional conditions are shown when you buy it, and form part of these Venue Terms.
Unless the purchase terms say otherwise:
- Paid Plans are billed in Canadian dollars, per bay, monthly or yearly in advance, to the card you provide, and renew automatically until cancelled;
- you may cancel from Billing & invoices in your dashboard or by contacting us, and cancellation stops future renewals from the end of the period already paid;
- fees already paid are not refundable, except as stated at purchase or where the law requires; and
- if a payment fails, we may suspend paid features until it is settled, after telling you.
Where we arrange a plan with you directly, for example when we upgrade a free Listing for you, the price and billing we agree with you in writing apply.
10Bookings and Your Players
When your Venue takes bookings through Golf SimPass, your business is the provider of the golf service and the seller to the Player, unless a page clearly names Soarware Labs as the seller. You are responsible for:
- your prices, taxes, deposits, cancellation and refund policies, and honouring confirmed bookings;
- your premises, equipment, staff, safety, waivers, age rules and alcohol service;
- customer service, disputes and chargebacks relating to your services; and
- the payment account you connect (such as Stripe or Square), which is governed by that provider’s own terms.
Golf SimPass provides the software that takes and records the booking. We are not a party to the contract between you and the Player, and we are not responsible for services your Venue provides.
11Player Information
When a Player books or connects with your Venue, you receive personal information about them, such as their name, email address, phone number and booking details. You must:
- use it only to provide and manage their bookings, visits, memberships and leagues, and as the Player has agreed;
- follow the privacy and anti-spam laws that apply to you, including PIPEDA or provincial privacy law and Canada’s Anti-Spam Legislation (CASL) before sending marketing messages;
- keep it secure, share it only with people who need it to serve the Player, and not sell or rent it; and
- tell us without delay if you believe Player information from Golf SimPass has been lost or accessed without permission.
We handle Player information under our Privacy Policy and the Player Terms of Use.
12Acceptable Use
You must not use Golf SimPass to:
- list a venue you do not run, impersonate another business, or create false or duplicate Listings;
- publish content that is unlawful, misleading, discriminatory, sexually explicit, or that infringes someone else’s rights;
- post fake reviews, pay or reward people for reviews, or pressure Players to change a review;
- copy or scrape Golf SimPass data, or use it to build a competing directory;
- get around plan limits, security measures or the review process; or
- interfere with Golf SimPass, other venues, or Players.
13Reviews and Ratings
Players may be able to rate and review your Venue. We may hide or remove reviews that are fake, abusive, off-topic or unlawful, but we do not remove genuine reviews only because they are negative. If you believe a review is false, abusive or about another venue, report it to us.
14Removing a Listing and Closing an Account
You can take your Listing down or ask us to close your account at any time by contacting us. We may suspend or remove a Listing or account where we reasonably believe that:
- these Venue Terms have been materially broken;
- the details are false, or the account was created without the Venue’s authority;
- the Venue has closed or can no longer be reached;
- continuing would create a legal, security or safety risk; or
- a Paid Plan fee remains unpaid after notice.
Where appropriate we will tell you first and give you a chance to fix the problem. We may act immediately to protect Players, prevent fraud, secure our systems or comply with the law. When an account is closed, the Listing stops appearing on Golf SimPass, and records we must keep for legal, tax, security or dispute reasons are kept for as long as needed.
15Intellectual Property
Golf SimPass, including its software, design, databases, branding and documentation, is owned by or licensed to Soarware Labs. Subject to these Venue Terms, we grant you a limited, non-exclusive, non-transferable right to use Golf SimPass to run your Listing and, on a Paid Plan, your bookings.
You may say that your Venue is listed or bookable on Golf SimPass, and use the badges, links and embed codes we provide for that purpose. Any other use of the Golf SimPass, Golf Simulator Automation or Soarware Labs names and logos needs our written permission.
16Feedback
If you send us ideas or suggestions, we may use them without restriction or payment, and without identifying you as the source.
17Third-Party Services
Golf SimPass works with third-party services such as payment processors, maps, email and hosting providers, and simulator software. Their own terms apply to your use of them, and we are not responsible for their availability or performance.
18Privacy
We use the contact and business details in your account to run your account, review and publish your Listing, bill Paid Plans, send you service messages and keep Golf SimPass secure, as described in the Privacy Policy. Business details you publish in your Listing, such as the Venue’s name, address, phone number and website, are public.
19Disclaimers
To the maximum extent permitted by law, Golf SimPass is provided “as is” and “as available”. We do not promise that it will always be available or error-free, that your Listing will attract any number of Players or bookings, or that third-party services will stay compatible.
Nothing in these Venue Terms excludes a warranty, right or remedy that cannot lawfully be excluded.
20Limitation of Liability
Nothing in these Venue Terms limits liability that cannot legally be limited, including liability for fraud or wilful misconduct. Subject to that, and to the maximum extent permitted by law:
- Soarware Labs is not liable for indirect, incidental, special, punitive or consequential loss, or for lost profits, revenue, bookings or goodwill;
- Soarware Labs is not responsible for your Venue, your services, your dealings with Players, or failures of third-party services outside our reasonable control;
- for claims about a free Listing, Soarware Labs’s total liability will not exceed CAD $100; and
- for claims about a Paid Plan, Soarware Labs’s total liability will not exceed the fees you paid to Soarware Labs for that plan in the 12 months before the event giving rise to the claim.
21Indemnity
You agree to indemnify Soarware Labs against third-party claims, losses and reasonable costs arising from your Venue Content, the services your Venue provides, your handling of Player information, or your breach of these Venue Terms or the law, except to the extent caused by Soarware Labs.
22Notices and Electronic Contracting
You agree that these Venue Terms, confirmations and notices may be given electronically, including by email to the address on your account and through your dashboard. Keep your contact details current. You can save or print these Venue Terms at any time.
23Changes to These Terms
We may update these Venue Terms to reflect changes to Golf SimPass, the law, or how we operate. The updated version shows a new effective date. For a material change we will give you at least 30 days’ notice by email or in your dashboard; if you do not agree, you can close your account before it takes effect. Price changes for a Paid Plan apply from your next billing period after the notice.
24Governing Law
These Venue Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts located in Ontario have jurisdiction over disputes arising from them, unless the law gives you the right to go to another court.
Before starting formal proceedings, please contact us so that we can try to resolve the concern.
25General Terms
Entire agreement
These Venue Terms, the purchase terms of any Paid Plan, the Privacy Policy and any written agreement we make with you form the whole agreement between you and Soarware Labs about Golf SimPass for your Venue. Where they conflict, a written agreement signed by both of us comes first, then the purchase terms, then these Venue Terms.
Relationship
You and Soarware Labs are independent businesses. Nothing in these Venue Terms creates a partnership, joint venture, agency or employment relationship.
Assignment
You may not transfer your account or these Venue Terms without our written approval, except together with the sale of your Venue after telling us. Soarware Labs may assign them in connection with a reorganisation, merger, acquisition or sale of Golf SimPass.
Severability and waiver
If a provision is found unenforceable, it is limited to the minimum extent necessary and the rest continues. Not enforcing a provision is not a waiver of it.
Language
The parties have expressly requested that these Venue Terms and related documents be drawn up in English. Les parties ont expressément demandé que les présentes conditions et les documents qui s’y rattachent soient rédigés en anglais.
Survival
Provisions about Venue Content already published, Player information, fees owed, liability, indemnity and governing law continue after your account closes.
