Terms and ConditionsWelcome to The Philomaths Website (TPW). By using TPW you agree to be bound by the following policies:
- Site Rules
- Cookies & Targeting
- Terms of Service
- Subscriber Agreement
- Teaching Professionals
TPW is a friendly community! Please be on your best behavior as you interact with others. Failure to follow these rules will result in your account being closed.
Interacting with Members
TPW is a safe place for people to come and enjoy. There should be no abusive language, personal attacks, threats, or any other unkind behaviour.
Keep It Clean
You may not post any offensive content on TPW including your username, avatar, or personal description. You may not add any offensive comments, chat, or other content. The following behavior is prohibited and can result in your being banned: cheating, using offensive/vulgar language, using toilet humor, making personal attacks, spamming or advertising competitive websites, religious or political debate, intentionally pointless/distracting posts, and discussion of illegal activities (drugs, etc).
Only One Account
Members may only have one TPW account. Members who create more than one account may have all accounts closed. Please read this entire page for all rules, terms, policies, and agreements on TPW.
This policy covers how TPW treats personal information that it collects and receives, including information related to your past use of TPW products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that TPW does not own or control, or to people that TPW does not employ or manage. In addition, certain TPW services may have their own associated privacy statements.
TPW collects personal information when you register with TPW, when you use TPW products or services, when you visit TPW pages or the pages of certain TPW partners, and when you enter promotions or sweepstakes. TPW may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. Once you register with TPW and sign in to our services, you are not anonymous to us. TPW automatically receives and records information on our server logs from your browser, including your IP address, TPW cookie information, and the page you request. TPW uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Cookies & Targeting
Notwithstanding any other provision in this policy, in visiting this site, a third-party advertiser (or its partners) may place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or "hashed" (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies. To opt-out of these cookies, please go to http://www.privacychoice.org/companies or http://www.aboutads.info/choices.
Information about controlling the cookies that could be set by this web site can be found at this page.
You can edit your TPW account information at any time. We reserve the right to send you certain communications relating to TPW service, such as service announcements, administrative messages, and newsletters that are considered part of your TPW account, without offering you the opportunity to opt-out of receiving them. You can delete your account at any time by contacting TPW by email. Deleting your account will unsuscribe you from these communications.
Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards to protect personal information about you.
Protecting Your Information
TPW does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with TPW under confidentiality agreements. These companies may use your personal information to help TPW communicate with you about offers from TPW and our marketing partners. However, these companies do not have any independent right to share this information.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
TPW may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your TPW account or by placing a prominent notice on our site.
Terms of Service
TPW provides its service to you subject to the following terms and conditions (the "Terms of Service"). TPW may also offer other services that are governed separately by their own Terms of Service.
TPW provides a collection of content, resources, tools, and technologies that enable users to learn golf and enjoy its surrounding culture, as well as to assist Teacher professionals to tutor golfers (the “Service”). You understand and agree that the Service is provided “AS-IS” and that TPW does not assume any liability for personal information stored through our Service. You accept that the Service may include advertisements. TPW reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TPW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TPW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TPW has the right to suspend or terminate your account and refuse any and all current or future use of the Service. By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by the terms of this Agreement. If you don't know whether you have reached the age of majority where you live, or don't understand this section, please don't create an account before you have asked your parent or legal guardian for help. If you're the parent or legal guardian of a minor that creates an account, you accept this Agreement on the minor’s behalf and are responsible for all use of the accounts or Services, including purchases, whether the minor’s account is now open or created later.
While many portions of the Service do not require registration, you may register as a user of TPW to enjoy greater access or privileges. If you choose to register you will receive a username and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TPW of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TPW cannot and will not be liable for any loss or damage arising from your failure to protect your account.
You acknowledge, consent and agree that TPW may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TPW, its users and the public.
From time to time we will communicate with you via email or other means, to give you information related to the use and operations of this site. You will not be able to opt out of these communications except by requesting your account be terminated. We will also send you regular email reports, such as our weekly newsletter or weekly reports. We will endeavor to provide you the ability to opt out of these communications.
You acknowledge that TPW may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TPW’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TPW has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TPW reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TPW reserves the right to modify these general practices and limits from time to time. Without restricting the scope of the above paragraph, the Golf Mentor will delete accounts that have no posts, have opted out of receiving emails, and have been inactive after three months, and any account that is inactive for a period of one year.
In general, your usage should constitute fair use. You agree that TPW may, under certain circumstances and without prior notice, immediately terminate your TPW account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in unfair use, fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your TPW account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in TPW’s sole discretion and that TPW shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- threaten or harm minors in any way;
- stalk" or otherwise harass another;
- impersonate any person or entity, including, but not limited to, a TPW representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your TPW username), use of the Service, or access to the Service. You agree that your TPW account is non-transferable.
All COVID-19 information on this site is for research purposes only and should not be relied upon.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TPW, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TPW does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TPW be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that TPW may or may not pre-screen Content, but that TPW and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, TPW and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TPW or submitted to TPW, including without limitation information in TPW forums and in all other parts of the Service.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TPW and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
TPW does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TPW the following worldwide, royalty-free and non-exclusive license: that any Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold TPW and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
TPW may place advertisements and promotions on the website or in emails sent to members. These can be pictorial, text, advertorial or take other forms. TPW can be paid commission or pay per click for these advertisements and promotions.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TPW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TPW has no control over such sites and resources, you acknowledge and agree that TPW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TPW 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ( "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TPW or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
TPW grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TPW for use in accessing the Service.
All TPW trademarks and service marks and other TPW logos and product and service names are trademarks of TPW. Without TPW's prior permission, you agree not to display or use these trademarks in any manner.
TPW respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Terms of Service constitutes the entire agreement between you and TPW and governs your use of the Service, superseding any prior agreements between you and TPW with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TPW services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and TPW shall be governed by the laws of the State of NSW, Australia without regard to its conflict of law provisions. You and TPW agree to submit to the personal and exclusive jurisdiction of the courts located within the State of NSW.The failure of TPW to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclaimer Of Warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. tgm and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- TPW and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from TPW or through or from the service shall create any warranty not expressly stated in the terms of service.
- A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Limitation Of Liability
You expressly understand and agree that tgm and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if tgm has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
Paid subscriptions to TPW and other services on this site are governed by the following terms and agreement:
Payments for subscriptions can be made via credit card or PayPal. All subscriptions are in the designated currency at the time of purchase. All credit card subscriptions are auto-renewed until cancelled by the subscriber (by contacting support).
Subscribers can expect to receive the services outlined on the subscription page for the duration of their subscription. Services are effective and available immediately upon receipt of payment.
Upgrading can be done at any time and the upgrade price will be pro-rated according to the time used and time remaining. The upgrade price will show in the checkout process/cart. Downgrades are not available until after the expiration of the original subscription. To downgrade please contact support. If you have any questions regarding the above policies please contact us by email.
Teaching professionals are governed by the other terms and conditions of the site. In addition the following terms and conditions apply.
To join as Teaching Professional, you need to belong to a recognized golfing professional association or golf teaching professional association. They should act with the normal high standards of golf teaching professionals.
Students can use the Golf Mentor for free. Teachers must introduce the student to the Golf Mentor by either using the New Student or the Invite Student functions on their Dashboard. This method of introduction will be refered to as personally introduced. The students must also be the personal students of the teaching professional and any single teaching professional cannot have more than 500 students members of TPW, without the written consent of TPW. If a Teachers trial period finishes without the teacher upgrading to a premium membership, then the Teacher's students no longer enjoy free usage of the Golf Mentor. At the completion of the trial period, if the teacher does not upgrade to premium membership, all the student accounts may be deleted and all the Teacher's videos can also be deleted.
The Golf Mentor is meant for teaching purposes. Normal use would be posting one or two videos per face to face lesson, each video being a few minutes long. Any actions to subvert this model is not fair use of the Golf Mentor and can result in termination of the Teacher's membership. Examples of such subversion is recording a very large number of videos, or posting very long videos.
Teachers must treat the information posted by their students as confidential. Students may become aware of their Teaching Professionals email address. Teachers are also expected to monitor their students fair usage of the Golf Mentor.
A teaching professional can terminate an account by sending an email to [email protected]. After confirming the email, and checking all student subscriptions have completed, the account will be deleted and the teaching professional will not be eligible to receive any further revenues from the date of termination. If the teaching professional has an outstanding balance due, the remaining balance will be paid within 90 days.
Teachers will not use the Golf Mentor to send spam emails. Examples of such behaviour would be to send emails or join a student up to the Golf Mentor without their explicit consent.