GENERAL CONDITIONS of Hole1 Ltd.

Version 1.10, 01.01.2008

1. TERMS OF ACCEPTANCE
Hole1 AG, the provider, supplies its service subject to the following Terms of Service (TOS). The provider is allowed to change, add to, or update these TOS with adequate notice to the client. The notice will be published exclusively on the provider’s internet page (http://www.golffriends.com).
If the client renders no objection to the altered or updated terms and conditions within 10 days of their publication, these terms and conditions become effective. If the client renders objection within 10 days of the publication of the altered or updated terms and conditions, the provider has the right to terminate the contract on the same date those altered conditions come into effect. Dissenting, opposing, or complementary terms and conditions will not become a part of these TOS’s, even if they are known by the provider, except when they are explicitly stated in written form by the provider.

2. THE CONTRACT
The validity of the contract will take effect the moment the provider accepts the electronic client application or after the first act of compliance by the provider regarding services to the client. This act of compliance must differ from the collection and submission of data on the client application form. The provider confirms the acceptance of the contract electronically or by performing the first act of compliance to the client. The client confirms that all data and information provided which is relevant to the contract or to any services rendered by the provider, is truthful and correct. The client is required to inform the provider should there be any changes in data, which are relevant to the contract. A breach of this duty to inform may result in an immediate cessation of services without any refund on paid credits.

3. GENERAL TERMS OF USE OF GOLFFRIENDS.COM
By utilizing the portal the client is obligated to comply with legal requirements, as well as moral and third party rights (copyrights, intellectual property rights, private data protection, etc.). These TOS are subject to Swiss law and to the law of the country to which the client would be subjected to in the case of a domestic dispute. The provider is authorized to stop all services should he become aware of any activities regarding the internet portal in which the client contradicts the legal terms of the contract, this is done without relinquishing the right to post claim on outstanding debits. It is prohibited to copy any content of the portal or its pages in any form, to extradite data from the portal, to illegally access restricted sites, or to be in breach of any. If the provider shall become aware of the fact that the activities of the client in conjunction with the use of the Internet portal shall contravene or could contravene the provider’s legal provisions, the provider shall be entitled to stop his contractual services without relinquishing the right to claim outstanding amounts due. The client shall not be entitled to make copies of the Internet portal or individual WebPages thereof, to enable unauthorized access to restricted sites for defined groups of people or otherwise violate legal regulations. If the client shall violate legal or contractual terms and conditions, he shall be liable to the provider for compensation of all resulting damages.

4. MEMBERSHIP
4.1 Basic Membership
To receive a basic membership to the internet portal of the provider the client must register himself on the site. For a proper identification the client must provide name, first name, address and other important data relevant to the provider. The client will then be able to use all services rendered by the provider through the internet portal. All services are listed on our page www.golffriends.com/ and can be subject to change by the provider at any time. The client is permitted to terminate the contract at any time. The provider is allowed to reject an application or to cancel/dissolve any existing membership at any time without a declaration of reasons.The Basic Membership is free of charge.
4.2. Premium Services
To receive one or several premium services to the internet portal, the client must be registered on the site. Premium services are for example the premium membership (different levels like silver, silver plus, gold, platin etc.) or premium cards (several bonus cards of Hole1 Ltd. or its partners). For a proper identification the client must provide name, first name, address and other important data relevant to the provider. The client will then be able to use all services rendered by the provider through the internet portal. All services are listed on our page www.golffriends.com/ and can be subject to change by the provider at any time. The provider is permitted to reject any application for a premium membership at any time without declaration of reasons. The minimal duration of a premium services is usually 1 (one) year. Depending on the service choosen 1 (one) year means a full contract year after registration (e.g. premium silver membership) or 1 (one) calendar year (e.g. trophy card). In particular cases the client can choose shorter or longer duration periods (e.g. premium silver membership for 3 or 24 months). Services choosen by client will be renewed automatically for another contract period unless a written notice from the client is received at least 30 (thirty) days before expiration of the contract period. This extension complies with the duration of the service of the previous period. For example: If the client has choosen a premium silver membership for a 12 months period, the renewal will automatically be another 12 months unless a valid notice has been given. Or: If the customer has choosen a trophy card for the year 2008, the renewal of this service will automatically be for the calendar year 2009, unless a valid notice has been given. The client has the right to renounce one or several of his premium services at any time but without the right to a partial or full refund. The provider can terminate a premium service contract at any time without providing any reason by reimbursing the client on a pro rata temporis basis. The fees for the choosen premium services are due in advance and will be charged to the client automatically at the beginning of the each contractual period unless the client chooses to terminate one or several services  by valid written notice. Any change of fees will be announced timely and is accepted if the client does not oppose within 30 days after the announcement.

5. MEMBER USER RIGHTS
If the client, who is registered as a member or who is drawing a service  has been granted restricted user rights for the use of programs, advertising material, or other services of the Internet portal of the provider or third parties,  these shall be terminated with the termination of the membership or the expiration of the choosen services, the following shall apply:
With the end of user rights, the client shall return to the provider all data carriers with programs, possible copies, as well as all written documentation and advertising aids. The client shall delete all stored programs and information from his computer or storage system unless otherwise legally obligated to maintain these for a longer period of time. The other contractual obligations of the client toward the provider shall continue beyond a possible termination or ending of the contract. 

6. PROVIDER PERFORMANCE
The provider shall guarantee 97.5% average annual availability of its server and other technical installations for the operation of the Internet portal. Excepted from this are periods when the server and other technical installations for the operation of the Internet portal cannot be accessed over the Internet because of technical or other problems which are beyond the provider’s area of control (acts of God, sabotage, third-party fault, etc.). The provider may restrict the access to the services or individual services if the security of the network operation, maintaining network integrity, and, in particular, avoiding serious damages or interruptions to the network, software or stored data shall require this.

7. GENERAL TRANSMISSION PERFORMANCE OF THE PROVIDER
7.1 Basic principles
The provider in its function shall have the role of an intermediary of services and products from third parties for clients and shall not sell any products or services on his own behalf. The arranged products and services therefore shall rest solely on a contractual basis that the client shall have agreed to with the third parties. The provider shall assume no liability in any form for the business that the client shall conclude with the third party. The selection of a third party shall be exclusively incumbent on the client.
7.2 The generation of transmission fees
The transmission owed the provider shall be due when the client uses the transmission services of the provider. The provider shall not be responsible for a successful transmission or any other activity beyond the described transmission activity of the provider. Possible nullification, contesting or other invalidity or poor fulfilment of the transmitted business shall have no influence on the transmission fees owed.
7.3 The provider’s liability for the transmitted business
The provider shall only make available to the client the Internet platform over which products or services can be transmitted. The provider has no influence on the quality of the products or services that are offered to the client from third parties and therefore shall not assume liability in any form for the correct fulfilment of the business between the client and the third party. If a mandatory legal provision at a mandatory court holding jurisdiction for the client shall exist that regulates the provider’s liability in any other way than described here, the client shall not be entitled to use the provider’s services.

8. INTERMEDIATION SERVICES OF THE PROVIDER SPECIFICALLY FOR THE BOOKING OF TEE TIMES ON GOLF COURSES
8.1 Contractual relationship
All tee times booked through the portal of the provider form a request of the client to the respective golf club and will be considered as a contract between the client and the golf club at the moment of acceptance by the golf club. This contact will be according to the regulations of the golf club. The function of the provider is limited thereby to that of a messenger.
8.2. General booking guidelines
8.2.1 General booking guidelines; maximal booking frequency
Only members and premium members can place a booking. Per client it is allowed to book a maximum of 1 golf course in 24 hours.
8.2.2 Terms of cancellation and rebooking
Generally the terms and conditions of the relevant golf club apply with any cancellation or rebooking. These terms can be checked out in detail when booking electronically and which are then being accepted. If none such terms and conditions are available, the following conditions apply: any cancellation or rebooking can be made up to 48 hours before the booked tee time without costs to the client. Should the cancellation come at any later time, the full green fee will be charged.
The booking fee will be charged, even in case of timely made cancellation.
8.2.3 Admonishment / no shows
The golf club has the possibility to note any unsatisfactory circumstances, i.e. if a client does not fulfill his obligations according to point 8.2.2 on the internet portal of the provider. This will be recorded as a negative rating for the client. The client will receive a point of admonishment per booked player for every unpaid or unused tee time.
8.2.4 Points account
The provider will indefinitely block the possibility to book tee times, should a client receive more than 5 (five) admonishment points. To bypass this ban, by opening a new member account for example is prohibited.
The ban can be annihilated by paying the full amounts due to the respective golf club(s) and the golf club retrieves his admonishment points electronically from the portal. The provider holds no responsibility for the retraction of these negative points from the portal by the golf club.
8.2.5 Green Fee
In principal the green fee is directly to be paid to the golf club. The provider acts solely as appointed paying agent without any further responsibilities. The provider will make available to the client and the affiliated golf club a transmission platform only and cannot be held liable for any possible damages that could arise from error bookings or unintended bookings.

9. FORUM
The Provider shall make various areas on the Internet platform available  to the members (e.g. forums, platforms for ratings, comment areas etc.) where the members can leave messages, experiences and reports (so-called "forum"). The member shall accept the following specific terms and conditions when contributing to the form: The administrators and moderators of this forum make every effort to process or delete contributions with questionable content as quickly as possible. Nevertheless, it is not always possible to check each individual contribution. A member, by submitting a contribution, confirms that he accepts each contribution in this forum is an expression of the author’s opinion and that the administrators, moderators and operator of this forum shall only be held responsible for their own contributions. The members shall undertake not to publish any slanderous, hurtful, obscene, vulgar, calumnious, business-damaging, violence-glorifying or other criminal content in this forum. Violations of this rule shall result in the immediate and permanent barring of the contributor and immediate termination of his membership. In addition, the Provider reserves the right to forward the connection information and other data to the criminal investigators.  The member grants the operators, administrators and moderators of this forum the right to remove, process, move, block or delete contributions at their own discretion.
The member agrees that the information entered into the database at registration may be saved. The operator’s system uses so-called Cookies to store information on the user’s computer. These Cookies do not contain any of the information mentioned above but rather are solely for the user’s comfort.

10. DATA PROTECTION REQUIREMENTS
The provider is responsible for all relevant legal requirements set out by Swiss federal law concerning data protection. Customer data will be processed by the provider electronically. Data received from the client will be passed on only within the scope of, and for the purpose of, fulfilling intended contractual agreements. Data will not be passed on for other purposes. A detailed summary of the handling of customer information can be found at www.golffriends.com/datenschutz.aspx.
The customer should be aware that client information that is passed on abroad and used within the intended scope of the contract might be subjected to data protection laws, which do not satisfy Swiss standards. The provider is justified in irrevocably deleting customer data at any time.

11. LIABILITY
The Provider shall make all reasonable efforts to review the information made available on the Internet portal for accuracy. However, it cannot guarantee that this information is correct, complete or free of error. Third parties are responsible for the content of this information. In terms of the information made available by the Provider on this Internet portal, it cannot make any assurances or guarantees that this information corresponds to the business purpose of the Client or exhibits a described feature. The liability of the Provider is expressly limited to its own services and cannot in any way be construed to other possibly arranged services. The Provider shall be held liable for culpably personal or material damages unlimitedly. Liability is expressly denied for other damages, which, in conjunction with the fulfilment of this agreement or because of defects or other reasons, are attributable to this contractual relationship, to the extent that this is legally permitted. In particular, the Provider is not liable for indirect, implicit or consequential damages, such as lost earnings, additional expense, non-realized savings, third-party claims or data-loss claims, as well as for temporary personnel.

12. FURTHER PROVISIONS
If a term or condition of this agreement shall turn out to be void or ineffective because of applicable law, the void or ineffective term or condition shall be replaced with another term or condition that shall approximate as nearly as possible the economic or business intent of the original term or condition. The same shall apply for the fulfilment of loopholes in the contract. The other terms and conditions continue in force. This contract shall form the entire agreement between the client and the provider concerning the use of the Internet portal. Verbal or other written agreements do not exist. Any changes or amendments to this agreement shall be made in writing and include the actual physical signatures of the parties to the agreement. The same shall apply for the waiving of the written form requirement.

13. JURISDICTION AND APPLICABLE LAW
This agreement and the contractual relationship between the client and the provider shall be subject to Swiss law exclusively with the express exclusion of international treaty standards. The courts of Zug, Switzerland, shall have jurisdiction over any disputes arising from this agreement. The provider shall be entitled to pursue the client in any other court, including those holding jurisdiction at the client’s headquarters. In case of any discrepancy between the English and the German text of these general conditions the German text shall prevail.