A) Terms of Use

1. Introduction

While using or visiting the website hosted at www.dompedrogolf.com (“Site”) or the information, data files, written text, charts, links, audio files and other sound, photographs, videos and other images (together referred to as “Contents”), resources and services, including newsletter (together, and including Contents, referred to as “Services”) made available through the website, you are, either as a user or visitor (“User”), agreeing with and accepting (i) these terms of use (“Terms of Use”) and (ii) the privacy and data protection policy available at “Privacy Policy”. The Site is property of Dom Pedro Golf S.A., a company with its registered office at Edifício Old Course, Apartado 970, 8126-912 Vilamoura, Portugal, registered in the Commercial Registry of Loulé, under registration and taxpayer number 502 268 808, with a share capital of EUR 25.355.420€. The Services, including updates, developments, new tools and/or new Web properties, are subject to the Terms of Use.

2. General Obligations and Responsibilities of the User

Dom Pedro Golf reserves the right to change these Terms of Use at any time, merely by posting the respective modifications online on the Site, and the User takes responsibility for verifying and complying with the termsevery time they access the Site. By continuing to use the Site after the changes are posted the User is stating that they have accepted the updated version of the Terms of Use. In case the User does not agree with the modifications made or, in general, with the Terms of Use, the User must immediately cease to use the Site and the Services. By accessing, using and downloading material from the Site, the User agrees, in their own name and/or on behalf of the entity they represent, to strictly comply with the provisions of the Terms of Use, further warranting they have the power to act on behalf of the third party they represent, if applicable. The User must not, under any circumstances, access the Services by any other means other than the interface made available by Dom Pedro Golf, or access (or try to access) the Site and/or the Services through automated means (including the use of scripts or web crawlers). Under no circumstances must the User use the Site for any other purposes than the purpose of the Site, including illegal purposes, or any other ends that may be considered harmful to the market image of Dom Pedro Golf. Usurping, counterfeiting, and using usurped or counterfeited content, as well as non legitimate identification and unfair competition are criminal offenses punishable by law. Additionally, the User must not create or place on the Site any type of virus or programme that may harm or contaminate it, and must not advise others to do so.

3. User Account (Agents)

In order to access certain Services and restricted areas of the Site, the User may be required to provide some personal data (such as identification and contact details), during the registration process in order to create a User account at the Site (“User Account”). A valid e-mail address, to which the user has the right to legitimately access, must be provided, as well as any other information necessary to finalise the registration process. The information provided must be up to date, complete and accurate.

The User is responsible for maintaining the confidentiality of their password. In case the User detects illicit use of their User Account, they must immediately communicate the occurrence to Dom Pedro Golf. Notwithstanding, the User may be held liable by Dom Pedro Golf or a third party for the illicit use of their User Account or password.

The User Account may only be used by a third party with consent from the account holder. The User takes responsibility for any damage or loss of profit caused by a third party’s illicit conduct while using the Site and the Services, and for the Contents they make available on the Site. In case Dom Pedro Golf deactivates, or in any other way prevents the User from accessing their User Account, the User understands and accepts that they may be prevented from accessing certain restricted areas of the Site, their User Account details or any contents therein.

4. Rights and Obligations of Dom Pedro Golf

Dom Pedro Golf reserves the right to (i) modify, add or remove portions of the Terms of Use, at any time; (ii) modify or terminate the Services under any grounds and without previous notice, at any time; (iii) remove User Accounts whose contents are illicit, offensive, threatening, defamatory, pornographic, obscene or condemnable, or that violate third party intellectual property rights or these Terms of Use; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, in total or in part. These changes will be effective from the date of their posting on the Site or the date on which such notifications are sent.

5. Intellectual Property and Personality Rights - Ownership

All information on the Site and the Services, and all data and information compiled by Dom Pedro Golf and associated with them (such as data files, written text, Software, music, audio files and other sound, photographs, videos or other images) to which the User has access as part of the Services or by using the Services, are deemed property of Dom Pedro Golf, or a third party, when duly identified. The User may not modify, let, lend, borrow, sell, distribute, or create a derivative work based on the referred contents (partial or total), unless with express consent from Dom Pedro Golf or a third party holder of the respective intellectual property and personality rights. The User recognizes and agrees that Dom Pedro Golf and the third parties (as applicable) own all intellectual property rights (both registered and unregistered rights in any part of the world where such rights may exist) relative to the Services. Dom Pedro Golf and third entities, as applicable, own all rights not expressly granted to the User by these Terms of Use. The User also agrees not to remove, hide, or change any intellectual property rights notices (including copyright and trademark notices) that may be posted or stored in the Services, Brands and related material unless expressly authorized by Dom Pedro Golf to do so. The Terms of Use do not offer the User a right to use any trademarks or registered trademarks, service brands logos, domain names, and other brand characteristics distinctive of Dom Pedro Golf or any other entity of Dom Pedro Group Software. Dom Pedro Golf grants the User a personal, worldwide, free of charge, non transmissible and non exclusive license to use the reservations interface made available in the Site as part of the supplied Services (“Software”). This licence’s purpose is to allow the use and enjoyment of the reservation service as it is made available in the Site, and under the provisions of the Terms of Use.

The User may not, and may not allow any third parties to copy, modify, create a derivative work, reverse engineer, decompile, or, in any other way, try to extract the source code of the Software or any part of the Software, unless with express consent, or as foreseen by the applicable legislation, or if the User has been specifically authorized to do so, in writing, by Dom Pedro Golf. Unless Dom Pedro Golf has granted the User specific authorization, in writing, the User may not give (or sublicense) their rights to use the Software, neither may they grant their rights to use the Software as security nor, alternatively, transfer any part of their rights to use the Software.

6. Disclaimer of Warranties

To the extent permitted by the applicable legislation, the services are provided “as is” and “as available”, and Dom Pedro Golf does not grant any type of warranty regarding the services. Especially, Dom Pedro Golf does not warrant the User that: (i) the use of the services meets their needs or expectations; (ii) the use of the services is uninterrupted or timely, safe or error free; (iii) any information obtained from the use of the services is accurate or reliable; and (iv) defects, if there are any, in the operation or functionality of any software supplied as part of the services will be corrected. Conditions, warranties, or other terms (including any implicit terms regarding quality, fitness for a purpose or conformity with the description) do not apply to the services, except when expressly established by the Terms of Use. The use of the Site, Services and any material downloaded, or in any other way obtained by using the Services, is at the risk and expense of the User, who takes responsibility for any damage and loss of profit related to the equipment on which they use/view the Site, the Services and the Materials made available therein. Nothing in the Terms and Conditions of Use can affect the consumer’s rights as established by law, where these rights are applicable and due to the consumer as they interact with Dom Pedro Golf, and nothing in them can contractually alter or waive such consumer’s rights.

No recommendation or information, oral or written, from Dom Pedro Golf can be used as a warranty of any type, unless if expressly defined by the Terms of Use. To make access easier for the User, Dom Pedro Golf may include Links for internet Sites owned or operated by third parties. When the User uses those Links to third party Sites, they must previously review and accept the rules of that Site. The User must also accept that Dom Pedro Golf does not control the contents of those third parties Sites and cannot undertake any responsibility for the material created or posted therein. Additionally, a Link to a Site not owned by Dom Pedro Golf does mean that Dom Pedro Golf endorses such Site or the products and services therein.

B) Privacy Policy

The confidentiality of the personal information of our clients is fundamental and Dom Pedro Golf is committed to protecting their privacy.

1. Collection and Handling of User Data

There are many circumstances in which we request personal data of a user (”User”) from the website www.dompedrogolf.com (“Site”), meaning information that will allow us to identify the user of their contact details (“Personal Data”): when you place a reservation, when you register on our Site, when you subscribe to our newsletter. Collected and handled personal data consists of information regarding name, e-mail address, gender, date of birth, address, telephone number, and ID number.

Therefore, the entity responsible for the collection of Personal Data is:

Dom Pedro Golf S.A., a company with its registered office at Edifício Old Course, Apartado 970, 8126-912 Vilamoura, Portugal, registered in the Commercial Registry of Loulé, under registration and taxpayer number 502 268 808, with a share capital of EUR 25.355.420€.

2. Use and Purposes of the Handling of User Data

Personal Data is used only to confirm reservations, to help and simplify the reservation process, to inform you of Dom Pedro Golf promotions and information (if you subscribe our newsletter), and for statistical marketing analysis for exclusive use by Dom Pedro Golf. We also identify technical information about your computer when you visit pages of our Site, such as the IP (Internet Protocol), the operative systems and the type of browser (“Usage Information”). We use this information to improve the quality of your visit to our Site, and we will not provide this information to entities external to Dom Pedro Golf without your prior consent. The Usage Information and Personal Data are jointly designated in the present Privacy Policy as “User Data”.

The User Data collected by Dom Pedro Golf are not shared with third parties without your prior consent, except for disclosures set forth in this Privacy Policy which you expressly consent by accepting the Privacy Policy. Dom Pedro Golf holds the rights to transfer User Data, in case of sale or transmission of part or the entire company or respective shares. In case User Data is transmitted to third parties, we will make a considerable effort to guarantee that the receiving entity respects the Privacy Policy.

3. Access to Personal Data

Dom Pedro Golf provides the means for Users to access to their Personal Data. In case you want to access your Personal Data, you should contact Dom Pedro Golf according to the terms set forth below.

4. Correction of Personal Data

The User has the right to request, at any given moment, the correction of their Personal Data, whether through specific internet addresses, either through areas of the Site, or by electronic address ([email protected]), according to the respective terms of the Privacy Policy.

5. Safety of User Data

In order to guarantee the safety of User Data and maximum confidentiality, we handle supplied information in a completely confidential manner, according to our internal safety and confidentiality policies and procedures. Dom Pedro Golf is not responsible for the theft, destruction or dissemination of the User Data which may then circulate on the internet without any security, and may be visualized and/or utilized by non-authorized third-parties.

6. Use of Cookies

When you visit our Site, a small text file (Cookie) is created and recorded in your computer hard-drive. By recognising you, this file will allow easy and quick access, along with the customisation of the Site according to your preferences. Most browsers automatically accept these files (Cookies). However, you can erase them or automatically define them as blocked. In the “Help” menu of our browser you will find how to make these configurations. You can also, explicitly, accept or decline cookies on the site. However, if you do not allow the use of cookies, there may be some functionalities that you will not be able to use.

7. Changes to Privacy Policy

Dom Pedro Golf reserves the right to change the Privacy Policy at all times. In case there is a substantial change, a warning may be placed in our Site.

8. Contact and Rights of Withdrawal

In case you intend to (i) ask questions or make a complaint related to the Privacy Policy; (ii) rectify your Personal Data; (iii) stop receiving commercial mailing, including emails from Dom Pedro Golf, you can do so through specific internet addresses, either through areas of the Site, or by electronic address [[email protected]].

C) Limitation of Liability

To the extent permitted under the applicable legislation, Dom Pedro Golf is not liable towards the User for: (i) any damage caused from the use of the Site and the Services made available, (ii) any damage caused from: (a) any judgment the User makes regarding the integrity, the accuracy or the existence of any advertisement or any relationship or transaction made with an advertiser, whose publicity is presented in the Services or in the Newsletter of Dom Pedro Golf; (b) any changes Dom Pedro Golf may perform on the Services or any permanent termination of the Services (or any of the Services’ functionalities); (c) the removal, corruption or storage error of any content or communication data stored or transmitted when using the Services; (d) direct or indirect violation of the terms of use; (e) non maintenance and confidentiality of the user password or account details. The responsibility of Dom Pedro Golf by way of compensation for any damage and loss of profit regarding the site and the services, caused by Dom Pedro Golf, their representatives or auxiliaries, is limited to the cases of intent or gross negligence. In case the User disagrees, in total or in part, with the Site or the Services, or these Terms of Use, they may only cease to use the Site or Services, as applicable, and demand cancellation of their account, if they own one.

D) Booking Terms (Reservations)

1. Reservations

When making a reservation, the User must fill in the respective form correctly, indicating, namely, the Services they want to use, their amounts and schedules, as well as their personal data and payment information. The User is entirely responsible for the choices made and the information made available, which should be complete, accurate and up to date.

Confirmation of a booking is made through the Site in accordance with these booking terms, which the Customer must acknowledge and accept through the validation of a tick box for that purpose in the reservation form. In addition to the foregoing, the Customer further acknowledges and accepts Terms of User use of the Site and respective Privacy Policy.

2. Cancellation

Possibility of cancellation with no costs following deadlines:

  • 3 days prior to round date for reservations requested up to 7 days in advance

  • 6 days prior to round date for reservations requested up to 15 days in advance

  • 15 days prior to round date for reservations requested up to 30 days in advance

  • 30 days prior to game day for reservations requested more than 30 days in advance;

Cancellation requests must always be sent to the e-mail: [email protected], and will only be considered accepted once it is confirmed by Dom Pedro Golf.

3. Taxes

Unless otherwise stated, legal taxes (eg: Value Added Tax) will be included in the reservation price, being charged by Dom Pedro Golf to the Customer at the current legal rate on the date of the booking, based on the contracted services.

4. Payment

The Customer must pay the amount indicated in the reservation form as a pre-requisite to be able to use the contracted reservation. The payment of the reservation can be made by the Customer on the Site, at the moment of booking, using their credit card, within the list of issuing entities which Dom Pedro Golf collaborates with and is made available in the reservation form, being the payment accepted by Dom Pedro Golf within the limits authorized by the Customer's Card Issuing Entities.

E) General Provisions

1. Prevalence

In case of conflicts between the Terms of Use and other specific provisions or specific terms and conditions on the Site concerning certain materials, the specific provisionswill prevail.

2. Exercising Rights

The choice not to exercise any rights or provisions, as foreseen by the Terms of Use, by Dom Pedro Golf must not be deemed a waiver to such rights.

3. Entirety

The Terms of Use are the entire agreement between the User and Dom Pedro Golf concerning the use and consultation of the Site and the Services by the User, and regulate their use (excluding any Services that may be supplied by Dom Pedro Golf in the scope of a separate contract), fully replacing any previous agreements made between the User and Dom Pedro Golf concerning the Site and the Services.

4. Reduction

Non validity, declared by judicial or arbitrary rulings, res judicata, of a provision of the Terms of Use, does not determine the non validity of the remaining provisions, and Dom Pedro Golf reserves the right to, if applicable, modify the Terms of Use in order to suppress the non valid character of the provision.

5. Notices/Communications/Complaints

Any notifications and communications from Dom Pedro Golf to the User under the Terms and Conditions of Use herein, shall be made preferably to the email address or postal address provided by the User, without prejudice of Dom Pedro Golf being able to use other means of communication.

Any notifications, communications and complaints from the User should be made, preferably, to the email address [[email protected]].

6. Applicable Laws And Jurisdiction

The Terms of Use, as well as the User’s relationship with Dom Pedro Golf in accordance with these Terms, are ruled by the applicable laws of the Portuguese Republic. The User and Dom Pedro Golf agree to submit to the exclusive jurisdiction of the county courts of Loulé the resolution from the validity, interpretation or execution of the Privacy Policy, or that are related with the collection, treatment or transmission of User Data, without prejudice of the mandatory legal regulations applicable.