Terms and Conditions
TERMS OF USE
Welcome to the SJM Macao Open (“SJMMO” or “Tournament”) website (“Website”). By using the Website you agree to the terms and conditions set out here (the “Terms of Use”). If you do NOT accept the Terms of Use, then please discontinue your use of the Website
1. OWNER
The Website is owned and operated by International Management Group (Overseas), LLC, with registered offices 25/F, Lee Garden Five, 18 Hysan Avenue, Causeway Bay, Hong Kong (and referred to in these Terms of Use as “IMG”, “us”, “we”). Please read these Terms of Use carefully; they are the terms of use for the Website.
2. ACCESS AND USE
Use of the Website constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use or access the Website. You are granted a personal, revocable, non-exclusive, non-transferable right to access and use the Website, for non-commercial use only, in accordance with these Terms of Use. By accessing, using, or downloading materials from the Website, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these Terms of Use. If these Terms of Use are not accepted, you do not have permission to access the contents of the Website and therefore must not access or use and must cease to use the Website immediately. We reserve the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these Terms or Use on accessing the Website. Your continued use of the Website after changes are posted constitutes your acceptance of these Terms of Use as modified, however, where you have purchased tickets through the Website, the terms applicable at the time of purchase will continue to apply to your purchase regardless of any future modifications. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on the Website relating to specific material then the latter shall prevail.
3. USE OF SERVICES – OUR PRIVACY POLICY
3.1 Should you wish to use the Website to access services offered on the Website from time to time including ticket registration (“the Services”) you may be asked to register as a user and to provide certain personal data about yourself. If you register as a user you agree to provide true, accurate and complete information about yourself, and to update your information when it changes.
3.2 If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue, inaccurate, or incomplete, then we may, in our sole discretion, suspend, terminate, or refuse future access to the Services. Any personal data provided by you to us using the Website will be subject to the Privacy Policy which can be read by clicking here.
4. PROPERTY AND PRIVACY POLICY
4.1 We may collect all or any portion of the data you transmit or submit via the Website (collectively “Content”) and may use this information and information about you in accordance with the terms of this Clause 4 and our Privacy Policy and applicable law. To the extent that you provide us with any personal data relating to another individual, you must ensure that you have obtained the consent of this individual to the collection, use and/or disclosure to us of his/her personal data and you represent and warrant to us that you have obtained such consent prior to providing us with this personal data.
4.2 You hereby irrevocably and unconditionally assign to us (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to your Content (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as “droit moral” or moral rights and any similar rights of authors anywhere in the world (whether now existing or hereafter created) in your Content. You agree, in such, circumstances, that you are not entitled to any compensation from us or any of our associated companies.
4.3 We may, subject to the terms of these Terms of Use, our Privacy Policy and applicable law, share the Content and any information associated with the Content or your use of the Website and the Services as follows: (a) with our affiliated companies, in connection with the provision of the Services or our promotional activities; (b) with distributors, resellers, and channel partners in connection with our provision, maintenance, or improvement of the Website and the Services; (c) with vendors, consultants, and other service providers who need access to such information to carry out work on our behalf; (d) in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation; (e) if we believe your actions are inconsistent with this Terms of Use, or to protect the rights, property and safety of any person; (f) in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and (g) with your consent or at your direction or as otherwise permitted by law.
4.4 We may aggregate all or any portion of the Content and any information associated with the Content or your use of the Websites and the Services (collectively, “Aggregated Data”). We shall own exclusive rights, including without limitation all intellectual property rights in and to the Aggregated Data and shall be entitled to the unrestricted use and sharing of the Aggregated Data for any purpose, commercial or otherwise, subject to compliance with applicable data protection and privacy law.
4.5 Content (excluding account information, payment information, and other similar information) will not be treated as confidential, unless required by applicable law.
4.6 You are prohibited from transmitting to or submitting via the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(b) for which you have not obtained any necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, Singapore or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.7 You must not misuse the Website (including, without limitation, by hacking). You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written agreement. You agree that you will not use any device software or routine to interfere or attempt to interfere with the proper working of the Website. We shall be entitled fully to co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone acting in breach of these Terms of Use.
4.8 The Website must be used only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party.
4.9 You must not use the Website to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation or relationship with any person or entity or disguise the origin of any Content.
4.10 The Terms of Use automatically apply to the use of any forum we may include on the Website.
4.11 Whilst we endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of the Website or for the failure to update the information contained on the Website.
4.12 We may display advertisements and promotions from third parties in the Website or may otherwise provide information about or links to third-party products or services on the Websites (“Third-Party Content”). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We do not independently verify Third-Party Content, make no representation as to its accuracy, and assume no responsibility or accept any liability (to the extent permitted by any applicable law) for your use of any Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use.
4.13 Any offers or promotions made available to you via the Website are subject to availability and may be subject to further conditions including, without limitation, conditions in respect of goods and services the provision of which are subject to age restrictions.
4.14 Submissions by visitors to the Website, including feedback data such as questions, comments, suggestions regarding the content of the material on the Website shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that we or any of our affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of communication to the public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.
5. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
5.1 The names, images and logos identifying SJMMO, the Services, IMG and any of their associated companies or third parties and their events, programmes, products and services are proprietary marks of SJMMO and/or IMG, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of SJMMO and/or IMG, its associated companies or any other third party.
5.2 The Website contains material that is derived in whole or in part from material supplied and owned by IMG and from other sources. All copyright, trademarks and other intellectual property rights in the Website (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of IMG or IMG’s licensors. You agree that you use this material only for your own personal, non-commercial use. You must not, and must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site or medium), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without IMG’s prior written permission.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 We do not control and are not responsible for the availability or content of any third party websites or material you access through the Website. Links to third party websites or material on the Websites are provided solely for your convenience. If you decide to visit any linked site or materials, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. IMG does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or materials (including payment for and delivery of such products or services).
6.2 IMG is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or materials. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
6.3 You may create links to the Website provided you have first entered into our Website’s linking licence (please contact us further on macaogolf@img.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it )
6.4 IMG expressly reserves the right to revoke the right granted in this paragraph 6 for breach of these Terms of Use and to take any action it deems appropriate.
6.5 To the extent permitted by law, IMG disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from the Website.
6.6 Links do not imply that SJMMO or IMG endorses, is affiliated or associated with any linked website or materials, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of SJMMO, IMG or any of its affiliates or licensors.
7. DISCLAIMER
7.1 While we endeavour to ensure that the information and other materials created by us and included on the Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. IMG does not warrant the accuracy or completeness of any information or materials on the Website or the reliability of any statement or other information displayed or distributed through the Websites (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Websites). You acknowledge that any reliance on any such statement or information shall be at your sole risk. IMG reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to any events materials, products, programmes, programs, services or prices described in the Website at any time without notice.
7.2 The material on the Website, including but not limited to the information, names, images, pictures, logos and icons relating to the Website, SJMMO, IMG and/or any of their associated companies, events, programmes, products and services (or third party programmes, products and services) is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.3 IMG does not warrant (and none of its associated companies warrant) that the functions contained in the Website will be uninterrupted or error free or that any defect will be corrected or that the Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. IMG does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. IMG may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time without notice or liability.
8. EXCLUSION AND LIABILITY
8.1 Subject to 8.3, IMG, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of IMG’s associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with
(a) the Website in any way; or
(b) the materials on or removed from the Website;
(c) your acceptance or use of any prize in any of our competitions;
(d) the use, inability to use or the results of use of the Website;
(e) any websites linked to the Website or the material on such websites.
8.2 Clause 8.1 applies but is not limited to loss or damage due to communication-line failure, delay in operation or transmission, destruction, network or system outage, theft, unauthorized access, viruses or corrupt files that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. This shall apply even if IMG or any of its associated companies or licensees have been notified of the possibility of any damage.
8.3 Nothing in these Terms of Use, including paragraphs 4.11 and 8, shall exclude or limit IMG’s liability for any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.5 Without prejudice to any of the provisions in this paragraph 8, the liability of IMG shall not exceed the amount, if any, paid by you to access this Website or US$10, whichever is greater.
9. YOUR RESPONSIBILITIES AND INDEMNITY
9.1 By transmitting, or submitting any Content via the Website you:
(a) warrant that you are over 18 or (where you are not over 18) that you have permission from a parent or guardian to use the Website and that they have read and discussed these Terms of Use with you;
(b) warrant all information provided by you to IMG is true, accurate and up to date in all respects;
(c) warrant your contribution is your own original work and you have the right to submit it and assign to IMG all rights in it and it will not infringe the rights of any third party or breach any laws; and
(d) irrevocably waive any moral rights in your submission.
9.2 You hereby agree to indemnify and keep indemnified IMG and any of its associated companies and licensees from and against all claims, damages, expenses, costs and liabilities arising in any manner from your breach of any of these Terms of Use
9.3 In the event of any claim that the Website, or your possession or use thereof, or the Services infringe any intellectual property rights of a third party, you agree to contact IMG. IMG will, at its option and expense, terminate the license granted herein, settle, or defend the claim.
10. TICKETING
10.1 . You may register tickets for SJMMO through this Website. All tickets are sold subject to these Terms of Use and the Ticket Terms and Conditions.
10.2 Errors. We attempt to be as accurate as possible and to eliminate errors on our Website; however, we do not represent or warrant that any ticket descriptions are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your request accordingly (which includes quantity of tickets).
11. NO EXPORT
You may not use or otherwise export or re-export the Website or any content contained therein, except as authorized by applicable law.
12. LEGAL COMPLIANCE
You agree to comply with all applicable laws and regulations, including export control laws, and all applicable third-party terms or agreements in the use of the Website and the Services.
13. REMEDY
Notwithstanding any clause in this Terms of Use which provides for a specific remedy, we reserve the right to seek all remedies available by law and in equity for any violation of this Terms of Use. Any rights not expressly granted herein are reserved.
14. SURVIVAL
The following clauses will survive the expiration or termination of this Terms of Use: Clauses 1, 3, 4, 5, 8, 9, 10, and 12-18.
15. MODIFICATIONS
IMG reserves the right to modify or discontinue, temporarily or permanently, the Website or the Services (or any features or portions thereof) without prior notice. You agree that IMG will not be liable for any modification, suspension or discontinuance of the Website or the Services (or any part thereof).
16. LAW AND JURISDICTION
16.1 These Terms of Use shall be governed by and construed in accordance with the Hong Kong Special Administrative Region law. Disputes arising herefrom shall be subject to the non-exclusive jurisdiction of the Hong Kong Special Administrative Region courts. To the extent permitted in law, any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.
16.2 If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.
16.3 IMG neither warrants nor represents that materials on the Website will not infringe any third party rights. IMG makes no representation that the materials in the Website are appropriate or available for use in other locations and other countries. If you choose to access the Websites from other locations or other countries you do so at your own risk and choice and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.
17. YOUR FEEDBACK AND COMPLAINTS
We welcome your questions and comments on our Terms of Use, privacy matters and our Website. Should you have such questions or comments or have a complaint about how we are using your personal data, please send an e-mail to macaogolf@img.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
