NOTICE OF ARBITRATION PROVISIONS:
Your use of our websites and our other services are subject to binding arbitration of any disputes which may arise (other than to the extent that they cannot be resolved informally or in small claims court), as provided in the Terms and Policies. Please read the arbitration provisions of the Terms and Policies carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms and Policies.
Please also note that regardless of what the Terms and Policies (including, but not limited to the arbitration provisions) say, Gift Cards, including but not limited to their use and purchase, shall be subject to the laws of Kentucky. In any arbitration concerning the Gift Cards, the laws of Kentucky shall apply, consistent with the Federal Arbitration Act.
- Gift Card Types
- Redemption of Gift Cards. Gift Cards may not be redeemed in person, including at any golf course where you reserved a tee time through GolfNow. To redeem a Gift Card towards the purchase of a tee time reservation on GolfNow’s websites or mobile apps, you may have to first register (including possibly providing email, credit card and other information) through our online registration process and create an Account. Gift Cards are redeemable up to their balance only, and that balance may be used only as follows:
- GolfNow Cards. GolfNow Cards purchased prior to June 6, 2023 can only be used towards Convenience Fees and Hot Deals greens fees on GolfNow.com and the GolfNow mobile app. GolfNow Cards purchased on or after June 6, 2023 can only be used towards the purchase of Convenience Fees, Hot Deals Greens Fees, and other eligible Greens Fees (as determined by GolfNow) on GolfNow.com, TeeOff.com, the GolfNow and TeeOff mobile apps, or other participating GolfNow websites and apps. For the avoidance of doubt, GolfNow Cards may not be used towards: (1) any portion of Greens Fees that are labelled Due at Course or are otherwise to be paid in person at the golf course; (2) SmartPlay Orders; (3) GolfPass memberships; or (4) the purchase of other GolfNow Cards. Additional terms and conditions, such as cancellation and refund policies, apply to the purchase of tee time reservations. See our Terms and Policies and FAQs for details;
- Gift Card Balances. The balance you receive when inquiring online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
- The Gift Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Gift Card program. Issuer is the sole legal obligor to you; provided, however, that Issuer may assign its obligations with respect to the Gift Cards at any time, in which case such assignee shall become the Issuer and sole legal obligor to you. GolfNow, LLC and its affiliates and related entities other than Issuer (collectively, the “Other GolfNow Companies”) bear no responsibility or liability for any Gift Cards, and you hereby knowingly release the Other GolfNow Companies from any and all liability or claims of any nature whatsoever arising in connection with the Gift Cards. Gift Cards can be purchased at many major retail stores or online, including through GolfNow.
- Delivery/Risk of Loss. When you purchase physical Gift Cards through GolfNow, you shall pay any and all freight, shipping and any other affiliated charges or duties associated with delivery of the Gift Cards. You assume any and all risk of loss upon delivery of any Gift Cards by GolfNow or its supplier to the common carrier. Insurance will not be provided by GolfNow or its supplier on any Gift Card while in transit. Neither GolfNow nor its suppliers shall assume liability in connection with the shipment, nor shall the carrier be construed to be the agent or representative of GolfNow or its suppliers. GolfNow, or its suppliers, may ship partial shipments of any Gift Card order at its sole and absolute discretion. GolfNow is under no obligation to provide notice of any expected delay for any shipment or delivery. Any estimates of shipping or delivery dates displayed or discussed online are preliminary good-faith estimates and shall in no way be binding or create any representation or warranty by GolfNow.
- Not for Resale or Promotional Use. Gift Card is valid only if obtained from GolfNow or an authorized third-party distributor. Gift Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites. Gift Card cannot be resold without GolfNow’s formal written authorization. Gift Card may not be used in connection with any marketing, advertising or other promotional activities without GolfNow’s express written consent. The use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with GolfNow or any of its parent companies, subsidiaries, or affiliates is prohibited.
- Gift Cards do not expire. Maintenance, dormancy or service fees do not apply to balances on Gift Cards. However, GolfNow will apply its customary fees (including, but not limited to, a GolfNow convenience fee) when you purchase a tee time reservation, as applicable, regardless of the method of payment used to make the purchase. Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
- Hold your Gift Cards securely and write down your Gift Card number and PIN in a safe place. Gift Cards are not reloadable and cannot be replaced if lost, stolen or used without authorization.
- Gift Cards are not debit or credit cards. Gift Cards have no cash value, there are no credits, refunds or exchanges, and they may not be redeemed for cash (except as required by law). Purchase amounts that exceed the value of the tendered Gift Card balance will require an additional payment for the balance due. Gift Cards are void where prohibited.
- Purchase amounts that exceed the value of the tendered Gift Card balance will require an additional payment for the balance due.
- For helpful information which is not part of these terms, visit our FAQs here.
- Gift Cards will not be redeemed if the card number is invalid or the card has not been activated.
- GolfNow reserves the right to restrict the redemption of more than $1,000 in Gift Card balances by one person in any 30-day period.
- The Gift Card Terms, and purchase and use of Gift Cards shall be subject to the laws and regulations of Kentucky without regard to conflict of law rules.
- GolfNow reserves the right to refuse to honor a Gift Card where GolfNow suspects that the Gift Card was obtained fraudulently.
- Issuer reserves the right to change these Gift Card Terms from time to time in its discretion, which changes we may provide to you by any reasonable means including, without limitation, by posting the revised version of this Agreement at GolfNow.com.
- ISSUER AND ITS PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY WEBSITES OR APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- In the event that the Gift Card system may become temporarily inoperative, you may be unable to obtain information about the balance on your Gift Card or Gift Card transactions, or use your Gift Card to pay for purchases during that time. Please notify GolfNow or Issuer if you experience any problems using your Gift Card. You agree that Issuer and its parent, affiliates or subsidiaries are not responsible for any interruption of service or the quality, safety, or any other aspect of any goods or services purchased by you with your Gift Card.
- You hereby release GolfNow, Issuer, and all of their parents, affiliates, and subsidiaries from and against from any and all claims, losses, or causes of action (including, without limitation, attorneys’ fees) in connection with your purchase or use of the Gift Cards, or any activities related to purchases made with the Gift Cards.
- Issuer may assign this agreement at any time without notice.