Terms of Service

1.1 Contract

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

By creating a Fairway account or accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with Fairway (even if you are using third-party credentials or using our Services on behalf of a company). If you do not agree to this contract ("Contract" or "User Agreement"), do not create an account or access or otherwise use any of our Services. If you wish to terminate this Contract at any time, you can do so by closing your account and no longer accessing or using our Services.

As a Visitor or Member of our Services, the collection, use, and sharing of your personal data is subject to our Privacy Policy, our Cookie Policy and other documents referenced in our Privacy Policy, and updates. You acknowledge and have read our Privacy Policy.

Services

This Contract applies to the Fairway website, app, and other communications, and other services that state that they are offered under this Contract ("Services"), including the offsite collection of data for those Services, such as via our ads

Glossary and Key Terms

You are entering into this Contract with FairwayHub OÜ (also referred to as "Fairway", "we" and "us").

Designated Countries. We use the term "Designated Countries" to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

You are entering into this Contract with FairwayHub OÜ, and FairwayHub OÜ will be the controller of your personal data provided to, or collected by, or processed in connection with our Services.

Social Action. Actions that members take on our services, such as likes, comments, follows, and sharing content.

Website. ​​Website means the website www.fairwayhub.club.

App. App refers to the Fairway mobile application or Fairway Journal application.

User. User means any person who accesses, browses, or uses the Fairway Website or App(s).

Content. Content includes, for example, feed posts, feedback, comments, profiles, group posts, messages, and photos.

Premium User. Premium User refers to a User who has subscribed to the Fairway Premium Plan.

Premium Plan. Premium plan refers to the subscription-based service offering additional features to Users.

1.2 Members and Visitors

When you register and join Fairway Services, you become a "Member". If you have chosen not to register for our Services, you may access certain features as a "Visitor." In both cases, the User Agreement applies

1.3 Changes

We may modify this Contract, our Privacy Policy and our Cookie Policy from time to time. If we materially change these terms or if we are legally required to provide notice, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. However, we may not always provide prior notice of changes to these terms (1) when those changes are legally required to be implemented with immediate effect, or (2) when those changes relate to a newly launched service or feature. We agree that changes cannot be retroactive. If you object to any of these changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2.1 Service Eligibility

To use the Services, you agree that: (1) you must be the "Minimum Age"(described below) or older; (2) you will only have one Fairway account, which must be in your real name; and (3) you are not already restricted by Fairway from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the minimum age.

"Minimum Age" means 10 years old. However, if law requires that you must be older in order for Fairway to lawfully provide the Services to you without parental consent (including using your personal data), then the Minimum Age is such older age.

2.2 Your Account

Members are account holders. You agree to: (1) protect against wrongful access to your account (e.g., use a strong password and keep it confidential); (2) not share or transfer your account or any part of it (e.g., sell or transfer the personal data of others by transferring your connections); and (3) follow the law, our list of Dos and Don'ts (below). You are responsible for anything that happens through your account unless you close it or report misuse.

2.4 Notices and Messages

You're okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Services or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit the types of messages you receive from us.

2.5 Sharing

Our Services allow sharing of information (including content) in many ways, such as through your profile, posts, group posts, links to news articles, and messages. Depending on the feature and choices you make, information that you share may be seen by other Members, Visitors, or others (on or off of the Services). Where we have made settings available, we will honour the choices you make about who can see content or other information (e.g., message content to your addressees, sharing content only to Fairway connections, restricting your profile visibility from search tools, or opting not to notify others of your Fairway profile update).

To the extent that laws allow this, we are not obligated to publish any content or other information on our Services and can remove it with or without notice.

3.1. Your License to Fairway

You own all of your original content that you provide to us, but you also grant us a non-exclusive license to it.

We'll honour the choices you make about who gets to see your content, including how it can be used for ads.

As between you and Fairway, you own the original content that you submit or post to the Services.

You grant Fairway the following non-exclusive license to the content and other information you provide (e.g., share, post, upload, and/or otherwise submit) to our Services:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publicly perform and display, host, and process your content and other information without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

• You can end this license for specific content by deleting such content from the Service, or generally by closing your account, except (a) to the extent you (1) shared it with others as part of the Services and they copied, re-shared it or stored it, (2) we had already sublicensed others prior to your content removal or closing of your account, or (3) we are required by law to retain or share it with others, and (b) for the reasonable time it takes to remove the content you delete from backup and other systems.
• We will not include your content in advertisements for the products and services of third parties without your separate consent (including sponsored content). However, without compensation to you or others, ads may be served near your content and other information. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
• We will honour the audience choices for shared content (e.g., "Connections only"). For example, if you choose to share your post to "Anyone on Fairway" (or similar): (a) we may make it available on Fairway; (b) we may enable others to publicly share onto third-party services (e.g., a Member embedding your post on a third party service); and/or (c) we may enable search tools to make that public content findable though their services.
• While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type, and removing or adding labels or metadata), we will take steps to avoid materially modifying the meaning of your expression in content you share with others.
• Because you own your original content and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
• You and Fairway agree that if content includes personal data, it is subject to our Privacy Policy.
• You and Fairway agree that we may access, store, process, and use any information (including content and/or personal data) that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
• By submitting suggestions or other feedback regarding our Services to Fairway, you agree that Fairway can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide content and other information that you have the right to share and that your Fairway profile will be truthful.

You agree to only provide content and other information that does not violate the law or anyone's rights (including intellectual property rights). You have choices about how much information to provide on your profile, but you also agree that the profile information you provide will be truthful. Fairway may be required by law to remove certain content and other information in certain countries.

3.2 Service Availability

We may change or limit the availability of some features, or end any Service.

We may change, suspend or discontinue any of our Services. We may also limit the availability of features, content and other information so that they are not available to all Visitors or Members (e.g., by country or by subscription access).

We don't promise to store or show (or keep showing) any information (including content) that you've shared. Fairway is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or other information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

Your use of others' content and information posted on our Services is at your own risk.

Others may offer their own products and services through our Services, and we aren't responsible for those third-party activities.

Others' Content: By using the Services, you may encounter content or other information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. You agree that we are not responsible for content or other information made available through or within the Services by others, including Members. We cannot prevent misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that others may share inaccurate or misleading information about you or your organisation, and that you or your organisation may be mistakenly associated with content about others, for example, when we let connections and followers know you or your organisation were mentioned in the news.

Others' Products and Services: Fairway may help connect you to other Members who offer you opportunities (on behalf of themselves, their organisations, or others), such as offers for golf lessons and booking tee-times. You acknowledge that Fairway does not perform these offered services, employ those who perform these services, or provide these offered products.

You further acknowledge that Fairway does not supervise, direct, control, or monitor Members in the making of these offers, and you agree that (1) Fairway is not responsible for these offers, or performance or procurement of them, (2) Fairway does not endorse any particular Member's offers, and (3) Fairway is not an agent or employment agency on behalf of any Member offering employment or other work, products or services.

Others' Events: Similarly, Fairway may help you register for and/or attend events organised by Members and connect with other Members who are attendees at such events. You agree that (1) Fairway is not responsible for the conduct of any of the Members or other attendees at such events, (2) Fairway does not endorse any particular event listed on our Services, (3) Fairway does not review and/or vet any of these events or speakers, and (4) you will adhere to the terms and conditions that apply to such events.

3.4 Limits

Fairway reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Fairway reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don'ts).

We can also remove any content or other information you shared if we believe it violates our Guidelines or Dos and Don'ts or otherwise violates this Contract.

3.5 Intellectual Property Rights

Fairway reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Fairway, and "in" logos and other Fairway trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Fairway.

3.6 Recommendations and Automated Processing

We use data and other information about you to make and order relevant suggestions and to generate content for you and others.

Recommendations: We use the data and other information that you provide and that we have about Members and content on the Services to make recommendations for connections, content, ads, and features that may be useful to you. We use that data and other information to recommend and to present information to you in an order that may be more relevant to you. For example, that data and information may be used to recommend groups to you and to organise content in your feed in order to optimise your experience and use of the Services. Keeping your profile accurate and up to date helps us make these recommendations more accurate and relevant.

5.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

FAIRWAY MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT, OUTPUT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FAIRWAY DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

If you plan to use content, output and information for any reason, it is your responsibility to verify its accuracy and fitness for your purposes, because any content, output and information on the service may not reflect accurate, complete, or current information.

5.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS FAIRWAY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), FAIRWAY, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

FAIRWAY WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT. Unless permitted by applicable law, particularly EU consumer protection regulations.

9.1. Dos

You agree that you will:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, laws governing the content shared, and other applicable laws and regulatory requirements;
• Provide accurate contact and identity information to us and keep it updated.
• Use your real name on your profile; and
• Professionally use the Services.

9.2. Don'ts

You agree that you will not:

• Create a false identity on Fairway, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another's account (such as sharing log-in credentials or copying cookies);
• Develop, support or use software, devices, scripts, robots or any other means or processes (such as crawlers, browser plugins and add-ons or any other technology) to scrape or copy the Service, including profiles and other data from the Service;
• Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as search results, profiles);
• Copy, use, display or distribute any information (including content) obtained from the Service, whether directly or through third parties (such as search tools or data aggregators or brokers), without the consent of the content owner;
• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
• Violate the intellectual property or other rights of Fairway, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; or (ii) using the word "Fairway" or our logos in any business name, email, or URL except.
• Post (or otherwise share) anything that contains software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Service or any related technology that is not open source;
• Imply or state that you are affiliated with or endorsed by Fairway without our express consent
• Use bots or other unauthorised automated methods to access the Services, add or download contacts, send or redirect messages, create, comment on, like, share, or re-share posts, or otherwise drive inauthentic engagement;
• Engage in "framing," "mirroring", or otherwise simulating the appearance or function of the Services;
• Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, manipulating algorithms);
• Use our Services to do anything unlawful, misleading, discriminatory, fraudulent or deceitful; and/or
• Misuse of our reporting or appeals process, including by submitting duplicative, fraudulent or unfounded reports, complaints or appeals.