Terms and Conditions – For Golf Courses
Last updated: September 29, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Birdie Delivery
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Birdie Delivery Platform means Birdie Delivery’s mobile application where Customers can view and search for the menus of Golf Courses and place an order for Clubhouse Products via the mobile application for delivery to the customer by a Birdie (Clubhouse Delivery Person) or for pick up.
Clubhouse means the merchant that is providing the goods which resides in the Golf Course
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Birdie Delivery LLC, 2635 Sacramento St. San Francisco, CA 94115.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Customer means the Golfer who places an order for Clubhouse products through the Birdie Delivery Mobile Application
Delivery means the delivery service that is offered by the Clubhouse through Birdie Delivery
Delivery API means the Birdie Delivery application programming interface (API) that allows the Clubhouse to exchange information with Birdie Delivery
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Golf Course means the Golf Course that the Clubhouse resides is and is offering the goods and services
Golfer means the customer who is at the Golf Course using the Birdie Delivery application
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Kitchen refers to the Clubhouse kitchen responsible for preparing food orders
Order Equipment means any equipment provided by Birdie Delivery to receive and process Orders, including, without limitation, a tablet, phone, or other electronic means of receiving Orders.
Orders mean a request by the Golfer to purchase Goods from the Clubhouse.
Pick Up means the Pick Up option Golfers can utilize through the Birdie Delivery Application
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application.
Service Fee refers to the fees collected by Birdie Delivery in exchange for Birdie Delivery providing a Platform to the Clubhouse
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual or the company that is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
The Parties’ Relationship
Birdie Delivery provides a mobile application using web-based technology that connects Golf Courses and Golfers, as described in these Terms for the Birdie Delivery Platform. Birdie Delivery is not a Clubhouse nor a delivery service; it is an online connection platform. Birdie Delivery and the Golf Course agree that they are independent businesses whose relationship is governed by these terms. Each Party shall be responsible for its own expenses, profits, and losses.
Birdie Delivery Platform Responsibilities
For participating Golf Courses who choose to leverage the Birdie Delivery Platform, Birdie Delivery and the Golf Course shall have the following responsibilities during the usage of the Birdie Delivery Platform:
The same responsibilities listed above on “Birdie Delivery Core Responsibilities” and “Golf Course/Clubhouse/Kitchen Core Responsibilities” will be referenced where applicable. Pricing for Pick Up cannot be greater than pricing for Delivery. Birdie Delivery will apply the Pick Up Service Fee listen in this Agreement on Orders placed by Golfers under the Pick Up option.
Refunds and Re-Orders
In the event that Birdie Delivery, in its sole discretion, has to issue a refund, credit, or a re-order to a Golfer, Clubhouse will prepare the order and bear the full cost of that refund, credit, or re-order unless the fault was caused by the Birdie Delivery Platform. If an Order failed to complete due to the fault of the Birdie Delivery Platform, which can be defined as the Birdie Delivery Platform becoming unavailable, crashing, or failure to process accurate information, then Birdie Delivery will be responsible for refunds pertaining to the limited amount of Orders that failed to complete. If a Golfer is requesting a refund due to long wait time, quality of food, or other reasonings that is outside of the responsibility of the Birdie Delivery Platform, then the Golf Course will be responsible in issuing that refund. This applies to both the Delivery option as well as Pick Up.
Golf Course will install any equipment reasonably required by Birdie Delivery in order to process Orders (including but not limited to a tablet, receipt printer, or other automated electronic means of receiving Orders) (“Order Equipment”). If Order Equipment is provided by Birdie Delivery, Golf Course will be responsible to pay an Order Equipment fee which will be stated in the Sign-Up Sheet. Any Order Equipment provided by Birdie Delivery will remain Birdie Delivery’s sole property and may be used solely for the purposes related to the Birdie Delivery Platform. Golf Course will be responsible for any damages to or loss of any Order Equipment provided by Birdie Delivery (excluding standard wear and tear).
Payment, Fees, Title, and Taxes
Birdie Delivery will pay for Delivery and Pick Up orders fulfilled through the Birdie Delivery Platform twice daily through our third party payment processor (Stripe). Birdie Delivery will be entitled to deduct from such payments for Birdie Delivery’s Service Fee. Golf Course agrees that Birdie Delivery may charge the Golfer fees, including but not limited to a Service Fee, Surcharge Fee, and Small Order Fee where applicable in Birdie Delivery’s sole discretion. Golf Course will be responsible for all taxes, duties, and other governmental charges on the sale of Golf Course/Clubhouse Goods and for remitting such taxes, duties, and other governmental charges to the appropriate authorities.
Service Fees will be deducted from the payouts received by Golf Course prior to the Golf Course receiving it twice daily. The Service Fee for Delivery will be as described in the Sign-Up Agreement from the Golf Course. Additionally, a Service Fee will be charged to the golfer as well. This is subject to change upon Birdie Delivery’s sole discretion. If any changes were to occur, Birdie Delivery must notify the Golf Course of all these changes within 3 business days of the change. Golf Course agrees that the Golf Course holds title to the goods or products that Merchant provides through the Platform until the goods exchanges hands to the Golfer. Golf Course agrees that Birdie Delivery does not hold the title to the goods or products at any stage of the Ordering process.
Payment processing services for the Golf Course on the Birdie Delivery Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms, Golf Course agrees to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Birdie Delivery enabling payment processing services through Stripe, Golf Course agrees to provide Birdie Delivery accurate and complete information about Golf Course representative and its business, and Golf Course authorizes Birdie Delivery to share it and transaction information related to Golf Course’s use of the payment processing services provided by Stripe. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Communications with Birdie Delivery
By creating a Birdie Delivery account, you agree to accept and receive communications from Birdie Delivery. This includes email, text message, calls, and push notifications to the cellular telephone number you provided to Birdie Delivery. You understand and agree that you may receive communications that are generated by automated systems which may come in the form of a phone call, email, text message, or push notification. Message and data rates may apply.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us and Ratings
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the California, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material. We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By visiting this page on our website: www.birdiedelivery.com/termsandservices
By phone number: 818.395.9698