Terms of service
TERMS OF SERVICE
These Terms of Service govern your use of the website located at https://www.trueswing.ca, the facility located at 1303 Mayor Magrath Dr. S Lethbridge, AB, and any related services provided by 971235 AB LTD herein referred to as “True Swing Indoor Golf”.
​By accessing our website, facility, and/or any related services provided by True Swing Indoor Golf you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website, facility, and/or using any other services provided by True Swing Indoor Golf.
​True Swing Indoor Golf reserves the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
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These Terms of Service were last updated on 17 October 2023.​
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LEGITIMATE USAGE
You agree to use our website, facility, and/or services for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, anything in violation of any intellectual property or privacy law. By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
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You agree to not use our website, facility, and/or services to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website, facility, and/or services network or security features or to gain unauthorized access to our systems.
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You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy. You further agree that by using our website, facility, and/or services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
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modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained therein;
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remove any copyright or other proprietary notations from any materials and/or software;
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transfer any materials to another person or “mirror” the materials elsewhere or on any other server;
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knowingly or negligently abuse or disrupt our networks or any other service True Swing Indoor Golf provides;
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access, transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
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harvest, collect, or gather user data without user’s consent or send unauthorized advertising or spam;
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infringe the privacy, intellectual property rights, or other rights of third parties;
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violate any applicable laws or regulations;​
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INTELLECTUAL PROPERTY
The intellectual property in the materials contained in our website, facility, and/or services are owned by or licensed to True Swing Indoor Golf and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by True Swing Indoor Golf at any time.
USER-GENERATED CONTENT
You retain your intellectual property ownership rights over content you submit to us for publication. We will never claim ownership of your content, but we do require a license from you in order to use it. When you use our website, social media, and/or any associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
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The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us. You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.
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ONLINE ACCESS
​Our website, social media, and/or any associated services and the materials therein are provided on an 'as is' basis. To the extent permitted by law, True Swing Indoor Golf makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
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In no event shall True Swing Indoor Golf or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our website, social media, and/or any associated services and the materials therein, even if True Swing Indoor Golf or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
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In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.​
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ACCURACY OF MATERIALS
The materials appearing on our website, social media, and/or any associated services are not comprehensive and are for general information purposes only. True Swing Indoor Golf does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, social media, and/or any associated services, or otherwise relating to such materials or on any resources linked therein.
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BOOKINGS AND/OR SERVICES
All bookings and/or services are subject to availability. True Swing Indoor Golf may, in our sole discretion, limit or cancel any time and availability offered, and/or limit the sales of our bookings and/or services to any persons or individuals. If we believe that a false or fraudulent booking has been made, we will be entitled to cancel the booking and inform the relevant authorities. Prices for our bookings are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. True Swing Indoor Golf reserves the right, in our sole discretion, to refuse bookings and/or services to any persons or individuals.
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CANCELLATION POLICY
Bookings may only be canceled, at no charge, via email, up to 24 hours prior to the start of the booking (“Cancellation Period”). Once the Cancellation Period has completed, the reservation is final and no modifications or changes are allowed. True Swing Indoor Golf reserves the right, in our sole discretion, to refuse cancellation privileges, services, or products to anyone considered abusing this policy.
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PAYMENTS/CREDIT CARD
All bookings may require a valid credit card. Your card will be charged immediately upon successful booking. Payments are completed with 3rd party payment processors. True Swing Indoor Golf is not responsible for the privacy policy or terms of service of these 3rd party payment processors.
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GUEST CONDUCT
Bookings may be terminated at any time if, in the opinion of True Swing Indoor Golf, the conduct of the guest and/or the persons or individuals using the facilities is deemed unsatisfactory. True Swing Indoor Golf reserves the right to remove or to refuse to admit any persons or individuals for any reason that in its discretion it thinks fit in relation to the use of the facility. In any such case of above mentioned termination, no refunds or partial refunds will be provided.​
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DAMAGE TO FACILITY AND/OR PROPERTY
True Swing Indoor Golf reserves the right to charge the guest and/or the payment method used at the time of booking for any and all damages to the facility, its property, and its equipment caused by the guest and/or the persons or individuals using the facility. This includes but is not limited to: Screen damage due to use of improper balls or broken clubs, missing or stolen items from the room, damage to all equipment such as but not limited to; screens, computers, monitors, simulator sensors, lights, fixtures, structural components, turf, furniture, and rental clubs. Minimum charge for the above aforementioned will be $100.00 CAD. All customers are responsible for any of their booked guests and their actions.
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​​RIGHT TO TERMINATE AND SEVERANCE
True Swing Indoor Golf may suspend or terminate your right to use our website, facility, and/or any related services immediately upon written notice to you for any breach of these Terms of Service.​ Any part of these Terms of Service which are wholly or partially void or unenforceable is severed to the extent that is void or unenforceable. The validity of the remainder of any Terms of Service is not affected.
GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of Canada. Any disputes, actions or proceedings arising out of or relating to the Terms of Service, the Privacy Policy, Waiver, use of our website, facility, and/or any related services will be resolved in accordance with the laws of the Province of Alberta without regard to its conflict of law rules, and must be brought before the courts of the Province of Alberta in the City of Lethbridge, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.