TERMS AND CONDITIONS OF WEBSITE USE
This website is operated by Acushnet Europe Ltd., Caxton Road, St. Ives, Cambridgeshire, PE27 3LU. Your use of the Internet sites operated by us, including: www.footjoy.co.uk, www.footjoy.fr, www.footjoy.ie, www.footjoy.se, www.footjoy.de and www.footjoy.eu (together, the “Sites” and each a “Site”) indicates your acceptance of the terms and conditions listed herein (the “Terms and Conditions”), which may be revised at any time by Acushnet Company, the parent company of Acushnet Europe Ltd. as set out below.
These Terms and Conditions create a legally binding agreement between you and Acushnet Europe Ltd. and its affiliates, including but not limited to Acushnet Company (which we may refer to as “Acushnet”, “we”, “us” or “our”) regarding your use of this Site. If you do not accept such Terms and Conditions, do not use this Site. We recommend that you print a copy of these Terms and Conditions for future reference.
These Terms and conditions refer to the following additional terms, which also apply to your use of this Site:
- If you purchase goods from this Site, our Terms of Sale found here will apply to the sales.
CHANGES TO THESE TERMS AND CONDITIONS OR THIS SITE
We may amend these Terms and Conditions from time to time. Every time you wish to use this Site, please check these Terms and Conditions to ensure you understand the terms that apply at that time. Use after any such revisions indicates your acceptance of such revised Terms and Conditions. We may also update and change this Site from time to time to reflect changes to our products, our users’ needs, our business priorities, or other changes.
USE OF THIS SITE
- footjoy.co.uk is directed to people residing in the United Kingdom.
- footjoy.fr is directed to people residing in France.
- footjoy.ie is directed to people residing in Ireland.
- footjoy.se is directed to people residing in Sweden.
- footjoy.de is directed to people residing in Germany.
- footjoy.eu is directed to people residing in Spain, Italy, Belgium, Portugal, Denmark, Finland, Austria, Netherlands, Luxembourg, Slovakia and Slovenia.
We do not represent that content available on or through any of the Sites is appropriate for use or available in any other locations other than those referred to above.
You are only eligible to use this Site if you are of legal age in your country or if you have consent from your parent or guardian.
We are the owners or the licensees of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world and misuse thereof may constitute violation of copyright, trademark and other laws. We reserve all rights to all materials listed on this Site.
You may download material displayed on this Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and video without our written permission. You may not alter or interfere with the content or function of this Site or download any material from this Site for use at any other website, including Internet auction sites.
We provide proprietary information, including copyrighted materials, about our products and services on this website for the benefit of our customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this Site for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against Acushnet or any of its affiliates. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Acushnet reserves the right to seek damages for infringement of copyrighted materials.
If you register and/or set up an account on this Site, you must treat your Registration Information as confidential and must not make it available to unauthorised third parties. You may not authorise others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party. To the full extent you can be held liable, you are solely responsible for all usage or activity on your account, including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorisation, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on this Site.
Except as otherwise required by applicable law, Acushnet does not represent or warrant that the content of this Site is accurate or that its operation will be error free, uninterrupted, free from bugs, viruses or anything else harmful. You use this Site at your own risk. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
Certain jurisdictions do not allow for certain limitations or exclusions on liabilities, legal warranties and remedies. If this is the case in your jurisdiction, these exclusions and limitations may not apply to you.
Acushnet assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing of this Site or your downloading of any materials, data, text, images, video or audio from this Site or any linked sites. In no event shall Acushnet or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of any of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, or damages from any theory of liability whatsoever, arising out of or in connection with the use of, or your browsing in, or your links to other sites from this Site.
Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights, patents or other property of Acushnet ("Acushnet Company Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Acushnet Company Intellectual Property displayed on the Site without the written permission of Acushnet, or permitted in the section ‘Use of this Site’ above or applicable local law.
Acushnet devotes millions of dollars and countless hours every year to its research and development activities. The result of this huge investment of time and money are golf products which we believe are the finest, most technologically advanced products available. The benefits of these efforts are incorporated in our products and many of these features are not apparent to the casual observer, but are absent from other products which are intended to be copies or “knock-offs” of genuine Acushnet products. Acushnet Company Intellectual Property is protected by a multitude of patents, trademarks and other rights granted to Acushnet under international, federal and state statutory and common law. Accordingly, Acushnet expects that others will respect its intellectual property rights. Acushnet vigorously enforces its intellectual property rights, whether infringement takes the form of “knock-off” products, unauthorised use of trademarks or copyrights or in any other manner.
The following is a non-exhaustive list of some of the trademarks owned or licensed by Acushnet used on or with FootJoy products: Advanced Performance Leather; ComforTab; ComforTongue; ComfortSof; Contour Series; CottonSof; D.N.A. DryJoys Next Advancement; D.N.A. Helix; DryJoys; DryJoys Tour; DryJoys Performance Collection; DrySof; eComfort; Fibersof; FirstJoys; FJ; FJ 1857; FJ Arc SL; FJ Arc XT; FJ Aspire; FJ Flex; FJ Spectrum; FJ Sport; FJ Versaluxe; Fit-Bed; FlexGrid; FootJoy; GelCollar; GreenJoys; GolfLeisure; HeelLoc; HyperFlex; HyperFlex II; HyperFLX; Icon Black; LaunchPod; Layer Up; LoPro Collection; MyJoys; NitroThin; OptiFlex; ProDry; Pro/SL; PowerNet; PowerStrap; Pro FLX; Pure Touch; Q-Mark; QuikDry; RainGrip; SciFlex; SecureCollar; SofJoy; StaCooler; StaSof; Stratofoam; Stratos; SuperLites XP; Taction2; Traction; Techsof; The Mark of a Player; Tour S; Tour X; VersaTrax; WeatherSof; WinterSof.
UNAFFILIATED PRODUCTS AND SITES
Descriptions of, or references to, products, publications or sites not owned by Acushnet or its affiliates do not imply endorsement of that product, publication or site. Acushnet has not reviewed all material linked to this Site and is not responsible for the content of any such material. We have no control over the content of those sites or resources. Your linking to any other sites is at your own risk.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage Acushnet’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Acushnet’s part where none exists. You must not establish a link to our Sites in any website that is not owned by you. Our Sites must not be framed on any other website, nor may you create a link to any part of our Sites other than the relevant home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in the User Code of Conduct section below.
COMMUNICATIONS WITH THIS SITE; USER CODE OF CONDUCT
On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). Acushnet does not examine the Content for completeness, legality, correctness or actuality. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ACUSHNET IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THIS SITE. We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law.
You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Acushnet will fully cooperate with any law enforcement authorities or court order requesting or directing Acushnet to disclose the identity of or help identify or locate anyone posting any such Content.
You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of Acushnet. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
The message boards, chat rooms, and other forums we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. You agree that you will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. You further agree that you will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or another user's computer. You are prohibited from using search engine intruders, robots, data mining technology, or other automated equipment or programs in order to catalogue, download, reproduce, save, or otherwise transmit the contents contained on the Site illegally or in a way that violates these Terms and Conditions.
We appreciate your comments, but please do not send to Acushnet any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Acushnet does not accept such unsolicited products or marketing suggestions.
Any Content that you publish on this Site will be treated as non-confidential and non-proprietary. Please do not post any personal data to the public areas of this Site. We cannot prevent the "harvesting" of information from this Site, and you may be contacted by us or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Acushnet, may or may not be posted to this Site at our sole discretion and may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. To the extent permitted by applicable local law, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
Although we may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on this Site, we are under no obligation to do so and, notwithstanding any contradictory provisions applicable to specific countries regarding warranties and limitations on liability, assume no responsibility or liability (i) arising from any such Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site, or (ii) for any actions or communications by you or any unrelated third party within or outside of this Site.
REPORTING VIOLATIONS OF THESE TERMS AND CONDITIONS
If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email to email@example.com. We may, but typically will not, acknowledge receipt of your complaint. Notwithstanding mandatory local law requirements, you agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our Proprietary Rights Complaint Process below.
USER GENERATED CONTENT LICENSE AGREEMENT
Any Content you submit on this Site containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials ("Submission") is governed by these Terms and Conditions.
You represent that you have the right to post your Submission, and you hereby grant to Acushnet an irrevocable, non-exclusive, royalty-free perpetual licence to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) Acushnet shall have the right to edit, alter or arrange the Submission in any way it desires in its sole discretion; (b) Acushnet shall not have any obligation to provide you with any credit when using your Submission; and (c) to the extent permitted by applicable local law, you waive any “moral rights” that you may have in the Submission. You understand that Acushnet will be acting in reliance upon your grant of rights, representations and warranties in these Terms and Conditions and may incur substantial expense in reliance upon this grant of rights, representations and warranties should Acushnet use your Submission.
You understand and agree that some of your Content and/or Submissions may continue to appear on the Sites after any account you have with us has been terminated, subject to your right to request that your Content and/or Submissions is removed in accordance with applicable law.
PROPRIETARY RIGHTS COMPLAINT PROCESS
Acushnet is committed to complying with copyright law and to responding to claims of copyright infringement. Acushnet will promptly process and investigate notices of alleged infringement and will take appropriate actions.
Notification must be submitted via email to firstname.lastname@example.org or through the post to:
Attn: Legal Department
333 Bridge Street
Fairhaven, MA 02719
You can terminate this contract for website use at any time by terminating your website session.
These Terms and Conditions of Website Use shall be governed by the laws of the United Kingdom, without regard to the principles of conflicts of laws.
Any dispute in connection to your use of this Site shall be heard only in court of competent jurisdiction located in England and Wales, although we reserve the right to bring proceedings against you for breach of these Terms and Conditions in the country where you reside or any other relevant country. By using this Site, you consent to the personal jurisdiction of such courts.
If any of the terms and conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these Terms and Conditions and shall not affect the enforceability of the remaining terms and conditions. This legal notice states the entire agreement between us with respect to your use of the Site, which agreement may only be amended as set out in the “Changes to these Terms and Conditions” section above. Oral agreements as well as amendments and/or supplements require confirmation in writing in order to be valid. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Acushnet intends to make such products or services available in such countries.
This website is operated by:
Acushnet Europe Ltd.
St. Ives, Cambridgeshire, PE27 3LU
Managing Director(s): Matthew Johnson
Contact: 0800 616198
Company register: 01198336
VAT number according to Sec. 27a German Value Added Tax Act: 152399933
Economic identification number according Sec. 139c German Tax Code: DE2976358
©2021 Acushnet Company
This copyright notice applies to all proprietary pages, images, text, programs, and other material available throughout this Site.