1. LINKS GOLF CLUB MEMBERSHIP.

1.1 These Terms and Conditions (the “Terms”) are the terms on which we provide access to the Spey Bay Golf Course (the “Club”) and related amenities (the “Services”) to you.

1.2 Please read these Terms carefully before becoming a member of Spey Bay Golf Course (the “Club”), or otherwise using our Services. We recommend that you keep a copy of these Terms for future reference.

1.3 In these Terms “we”, “us” and “our” means Links Golf Club Limited, “you” and “your” refers to the individual applying to be a member of the Club.

1.4 Please be aware that these Terms include limitations on the liability of and our obligations relating to the Club, and certain exclusions of our responsibility.

1.5 These Terms may be varied only by us and we may change these Terms at any time for legal or regulatory reasons and/or to reflect changes in the operation of the Club. We may at any time modify, withdraw, replace, amend or add to the Services and/or other features of the Club. We will endeavour to give as much advance notice as practicable of any changes on our website.

1.6 If we are going to change these Terms to your detriment you may end this Agreement by contacting us using the details at paragraph 3.2 below.

1.7 The most up to date edition of these Terms shall always be the version published on our website from time to time.

1.8 Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to register for our services. If you are entering into these Terms of Use or Links Terms on behalf of an individual under the age of 18, you represent, warrant and covenant that you have the authority to do so on behalf of such individual and anyone else who has legal rights regarding such individual. You agree to these Terms of Use or Links Terms, on your own behalf, as well as on behalf of such minor individual and you agree to be responsible for the acts and omissions of such minor individual.  You agree to indemnify and hold harmless Links from and against any damages or claims arising out of or relating to (i) such acts and/or omissions and (ii) any actual or alleged breach of the terms of this paragraph.
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2. Terms Used in this Agreement

“Agreement” means the contract between you and us as set out in these Terms.
“Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, pandemics, epidemics and acts of God.
“Membership Year” means 1 January to 31 December.

‍3. General Information About Us

3.1 We are Links Golf Club Limited, a company registered in Scotland with registration number SC763705. Our registered address is at Spey Bay Golf Course, Fochabers, Moray, United Kingdom, IV32 7PJ.

3.2 If you have any complaints or comments about the Services, or you wish to cancel your membership, then please contact us on:

3.2.1 speybay@links.golf; or

3.2.2 Spey Bay Golf Course, Fochabers, Moray, IV32 7PJ

4. Cost of Membership

‍4.1 Details of the cost of each category of Club membership and eligibility requirements are available here: https://clubhouse.links.golf/spey-membership.

4.2 The initiation fee for your chosen category of Club membership is inclusive of VAT and is payable upon purchasing the membership through our website. Some categories of membership also require the payment of annual membership dues (the “Annual Dues”). Where Annual Dues are payable in respect of a Membership Year, this is to be paid in full in advance at the start of that Membership Year, or if purchasing after the start of a Membership Year, at the time of purchase. The Annual Dues for each category of Club membership are reviewed annually and we will give you at least thirty (30) days’ notice of any increase in the Annual Dues.

4.3 The initiation fee and Annual Dues (where applicable) can be paid by debit card, credit card or other forms of payment that may be offered via the website. After 14 days from purchase, initiation fees and annual dues are non-refundable.

4.4 If a scheduled payment fails, then we will contact you via email to coordinate another payment attempt. If this is unsuccessful or you otherwise fail to settle payment of an initiation fee or Annual Dues on or before the relevant due date, then your Club membership will be suspended until such time as we receive cleared payment of the sum due. If we do not receive cleared payment within one month, then we may cancel your membership.

4.5 If you join after 31 July in a Membership Year then reduced Annual Dues will offered for that Membership Year. Details of the reduced fees can be found at https://clubhouse.links.golf/spey-membership.

4.6 We may at our discretion offer concessionary rates from time to time. If you are eligible for a concessionary rate, you must provide appropriate evidence of your eligibility at the time of submitting your Club membership application to us.

5. club membership

5.1 From time to time we may have to suspend the Services including, without limitation, where the golf course and/or Club grounds are to be used for events or tournaments; for maintenance, repairs or other works; or due to inclement weather. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

5.2 Details of what is included within each category of Club membership are available here: https://clubhouse.links.golf/spey-membership. Please note that some benefits or amenities may be subject to availability. We reserve the right to change or replace what is included with each category of Club membership. Where we do this, we will notify you of any change and you may be entitled to end this Agreement in accordance with paragraph 1.5 above.

5.3 You are eligible to purchase a ‘non-local’ membership to the Club if you live greater than 50 miles away from the Club. If you purchase a ‘non-local’ membership to the Club, this will entitle you to play 10 rounds of golf per Membership Year, subject to these Terms, without paying greens fees. Additional rounds may be purchased at the applicable rate for non-members of the Club.

5.4 If you purchase a ‘local’ membership to the Club, this will entitle you to unlimited play without paying greens fees subject to these Terms.

5.5 You may not sell, lend or otherwise share your Club membership or your Club membership card with anybody else. If you are found to do so, we reserve the right to cancel your Club membership and no refund shall be due to you.

5.6 Tee times are subject to availability and Club members can book a tee time online or at the Club reception up to 365 days in advance. No more than 5 tee times may be booked at one time. For groups larger than 4 players, members must contact the Club to reserve tee times.

5.7 To ensure that everybody gets a chance to play, please let us know as soon as possible if you need to cancel your tee time booking. If you cancel less than 24 hours prior to your booking, this will incur a cancellation fee of £25 and if you are a non-local member, the cancelled booking will also use of one of the 10 rounds of golf included in your Club membership for each Membership Year.

5.8 You may bring guests with you to the Club at the relevant guest rate in accordance with your category of Club membership. Further information is available here: https://clubhouse.links.golf/spey-membership. Your guest must be accompanied by you at all times and you are responsible for their compliance with our Code of Conduct. We may refuse entry to your guest at our discretion, including without limitation where we have previously withdrawn their Club membership in accordance with these Terms.

6. Commencement and Renewal

6.1 This Agreement will begin on the date we confirm to you of the acceptance of your membership to the Club (or, where you purchase your Club membership online, on the date you purchase your Club membership) and it will continue:

6.1.1 for the remainder of the Membership Year or until we or you cancel it in accordance with these Terms; or

6.1.2 if your category of membership includes a waiver of the Annual Dues, until the end of the relevant Membership Year(s) in respect of which the Annual Dues has been waived,

(the “Term”).

6.2 Your membership will automatically renew at the end of the relevant Term as set out in paragraph 6.1 above unless you notify us in writing thirty (30) days before the start of the next Membership Year that you wish to cancel it. We will write to you in advance of this to give you notice that your Club membership is due for renewal together with the applicable Annual Dues for the new Membership Year.

6.3 We reserve the right to suspend the sale of Club memberships at any time and to use discretion in relation to all matters concerning the Club and/or Club memberships.

7. how you can cancel OR PAUSE your membership

7.1 At any time you can end your membership early, or request a 6 month pause of your membership, if:

7.1.1 you have a ‘local’ Club membership and you relocate to a new permanent address which is more than 50 miles away from the Club;

7.1.2 you are suffering from a medical condition which a suitably qualified medical practitioner confirms prohibits exercise for a period of 3 months or longer;

7.1.3 you lose your employment or are declared insolvent; or

7.1.4 you are pregnant.

7.2 To end or pause your membership for one of the reasons listed above, you must give us notice in writing with appropriate evidence of that reason.

7.3 Any cancellation or pause for the above reasons will not be effected until the appropriate proof is provided and received by us in writing.

7.4 When we have received the appropriate proof for cancellation or pause for one of the above reasons, we will inform you (by email or in writing) that your membership has been cancelled or paused. We will refund a proportion of the Annual Dues for each full month remaining in that Membership Year, or for the 6 month pause period, as is applicable.

7.5 If you purchased your Club membership and you have changed your mind about your Club membership, you must let us know no later than 14 days after the day we confirm acceptance of your Club membership by using the contact details at paragraph 3.2 above. If you have already used the Services, then greens fees at the full non-member rates will be deducted from any refund due to you.

7.6 Your membership can be cancelled if we are in breach of contract including if we do not provide facilitates or the Services as would reasonably be expected and we have fallen well below that standard.

8. how we can cancel your membership or access to the services

We may cancel or suspend your Club membership or your access to the Services without refund of any advanced payment to you if:

8.1 you are not, or you cease to be, eligible for your Club membership in accordance with paragraph 4.1 above;

8.2 we do not receive payment from you within one month following the applicable due date (please see paragraph 4.4 above);

8.3 you sell, lend or otherwise share your Club membership or your Club membership card with anybody else (please see paragraph 5.3 above);

8.4 you commit a serious or repeated breach of this Agreement or our Code of Conduct; and/or

8.5 you harass, threaten or abuse any individual, maliciously damage property or carry out any illegal or immoral act.

9. day pass

9.1 If you are using the Services on a day pass (i.e., you are not a member of the Club) or as a guest of a Club member, then the following terms of this Agreement will apply to your use of the Services: paragraphs 1, 2, 5.1, 5.7 and 8 to 15 (inclusive).

10. logos, photos and videos

10.1 Our intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text belong to us and your use of the Services does not grant you rights to use these.

10.2 By accepting this Agreement and using the Services, you consent to us taking photographs and videos of you to use, edit, copy, reproduce, disclose, publish and remove at our discretion in any and all media by any and all means now known or developed in the future without payment, liability (save as specifically set out in this Agreement) or acknowledgement to you.

11. Health and Safety

11.1 You are responsible for your own actions and for your own health and safety while using the Services and we do not accept any responsibility for your actions or any consequences of such actions.

11.2 You must abide by all signage and notices located throughout the Club and the golf course grounds as well as the directions or members of our staff.

11.3 We reserve the right to refuse to allow you to participate in any activities should we deem it necessary to do so.

12. code of conduct

12.1 By accepting these Terms and using the Services (including without limitation playing on the golf course), you agree to adhere to our Code of Conduct. This may be updated from time to time at our discretion and a copy of our current Code of Conduct is attached to this Agreement. The most up to date edition of the Code of Conduct shall always be the version published on our website from time to time.

13. Limits on our liability

13.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

13.2 You have certain legal rights including that we will provide the Services to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights.

13.3 If we breach these Terms then we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the Annual Dues or, where no Annual Dues are payable in respect of the Membership Year during which the loss was suffered, £500.  Losses are foreseeable where they could be contemplated by you or us at the time of entering into this Agreement.

13.4 We are not responsible for:

13.4.1 losses not caused by our breach (such as damage to property left in your car or in a locker);

13.4.2 indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity; or

13.4.3 failure to provide the Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control.

14. Data Protection

14.1 Please see our Privacy Policy https://www.links.golf/legal/privacy-policy which contains important information about how we use your information. In particular, by submitting an application for Club membership, your name may be displayed in the tee sheet which is available to view by other players.

14.2 If your personal details change, please tell us as soon as possible using our contact details set out at paragraph 3.2 above.

15. Other important terms

15.1 We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement. This Agreement is personal to you and you can only transfer this Agreement to somebody else if we agree to this.

15.2 Nobody else has rights under this Agreement. This Agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

15.5 These Terms are governed by Scottish law and you can bring legal proceedings in respect of these Terms in the Scottish courts. If you live in England or Wales, you can bring legal proceedings in respect of the Terms in either the English or the Scottish courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Terms in either the Northern Irish or the Scottish courts.