These Terms and Conditions (the “Terms”) are effective from 1st January 2025.

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These Terms and Conditions govern your use of Zest.golf Technologies B.V.’s (“Zest” or the

“Company”) website, services, and APIs (collectively, the “Platform”).

 

By accessing or using the Platform, you agree to these Terms. If you do not agree, you must refrain from using the

Platform.

 

1. ACCEPTANCE OF TERMS

By accessing the Platform, you confirm that you have read, understood, and agree to

these Terms. Zest reserves the right to update these Terms at any time without prior

notice. Continued use of the Platform constitutes acceptance of the updated Terms.

 

2. USER RESPONSIBILITIES

When using the Platform, you agree to:

- Provide Accurate Information

o Ensure all details you provide (e.g., during registration or bookings) are

truthful and up to date.

- Protect Account Security

o Keep your login credentials confidential and notify Zest immediately of any

unauthorised access.

- Comply with Laws and Regulations

o Use the Platform only for lawful purposes.

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You are prohibited from:

- Uploading or Sharing Harmful Content

o Content that is unlawful, defamatory, threatening, abusive, harassing,

fraudulent, deceptive, or invasive of privacy.

o Content that victimises, degrades, or intimidates individuals or groups based

on religion, gender, sexual orientation, race, ethnicity, age or disability.

o Explicit or graphic material, including content of a sexual or violent nature.

- Violating Intellectual Property Rights

o Sharing content that infringes on patents, trademarks, copyrights, or

proprietary rights.

- Engaging in Unauthorised Activities

o Sending unsolicited advertising, spam or chain letters.

o Attempting to hack, reverse-engineer, or gain unauthorised access to the

Platform or its systems.

o Distributing viruses, malware, or harmful software

- Impersonation

o Misrepresenting your identity or impersonating others, including Zest

employees or representatives

 

The Company reserves the right to remove content that violates these responsibilities

and to suspend or terminate access for non-compliance.

 

3. INTELLECTUAL PROPERTY USE

All trademarks, logos, software, and content on the Platform are the exclusive property

of Zest or its licensors and are protected under intellectual property laws.

User and partners are prohibited from:

o Copying, modifying, or redistributing any content without prior written

consent.

o Reverse-engineering or attempting to access proprietary algorithms or APIs.

Golf course partners and vendors using Zest’s APIs must adhere to their specific

contractual agreements.

For further details on intellectual property ownership, usage rights, and enforcement,

please refer to Zest’s Intellectual Property Policy.

 

4. PRIVACY AND DATA PROTECTION

Your personal data is processed in accordance with our Privacy Policy and Data

Processing Agreement (DPA).

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When acting as a Data Controller, Zest processes personal data in accordance with the

Privacy Policy.

 

When acting as a Data Processor for business clients, data is processed as outlined in the

DPA.

 

By using the Platform, you acknowledge and agree to these policies.

 

5. DATA ACCURACY AND AVAILABILITY

- Accuracy of Information

o While Zest strives to provide accurate and up-to-date information (e.g., golf

course availability, tee times), we cannot guarantee the completeness,

reliability, or accuracy of data sourced from third parties.

 

- Third-Party Errors

o Zest is not liable for errors or omissions in data provided by third-party

partners, such as golf courses or booking platforms.

 

- System Availability

o Access to the Platform may occasionally be interrupted for maintenance,

upgrades, or unforeseen technical issues. Zest will endeavour to minimise

downtime but is not liable for service disruptions.

 

6. COMMERCIAL TERMS

- Fees

o Applicable fees are on the Platform’s pricing pages:

Golf Courses

Sales Channels

o Fees can also be tailored to suit specific requirements.

Please contact info@zest.golf for customised pricing and tailored solutions.

 

- Additional Charges

o Third-party fees, such as those from tee-sheet providers or payment

processors, may apply and will be disclosed at checkout.

 

- Payment Terms

o Payments must be made within 28 days of invoice issuance. Late payments

may incur interest at a rate of 8% per annum over the ECB refinancing rate.

 

- Price Adjustments

o Zest reserves the right to adjust fees with prior notice to affected users or

partners

 

7. DISPUTE RESOLUTION

Any disputes arising under these Terms will be first addressed through good-faith

negotiation between the parties.

If unresolved, disputes will proceed to mediation under the rules of the Nederlands

Mediation Instituut (NMI). Legal proceedings may only be initiated if mediation

fails.

 

8. DISCLAIMER OF WARRANITES & LIMITATION OF LIABILITY

Zest provides the Platform, its services, and all related content “as is” and “as available”

without any warranties of any kind, either express or implied.

To the fullest extent permitted by law, Zest expressly disclaims:

o Implied warranties of merchantability, fitness for a particular purpose, and

non-infringement.

o Any warranties that the Platform will be uninterrupted, error-free, secure,

or free from harmful components

 

o The accuracy, reliability, or completeness of any data, pricing, or user-

generated content.

 

Users assume full responsibility for their use of the Platform and any reliance on its

content.

To the fullest extent permitted by law, Zest shall not be liable for:

o Technical issues, including service interruptions, system outages, or loss of

data.

o Losses resulting from user error, such as incorrect information provided

during booking or misuse of the Platform.

o Damages arising from force majeure events

 

To the maximum extent permitted by law, Zest excludes liability for all indirect,

incidental, special, punitive, or consequential damages, including but not limited to:

o Losses of revenue, profits, business opportunities, goodwill, or data, even

if Zest has advised of the possibility of such losses

o Business interruptions, reputational harm, or expected savings

o Losses resulting from third-party service failures, including payment

processors or API integrations

o Any claims arising from system downtime, cyberattacks, for majeure

events or technical malfunctions

 

These exclusions apply regardless of the legal theory of the liability, including contract, tort

(including negligence), strict liability, or otherwise.

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Maximum liability cap:

In any event, Zest’s total liability under these Terms shall not exceed the total amount paid

by the User to Zest in the preceding 12 months, or €1,000, whichever is lower.

This limitation applies cumulatively across all claims and shall not be increased due to

multiple claims or causes of action.

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Certain jurisdictions may not allow full exclusion of liability for consequential damages, in

which case Zest’s liability shall be limited to the fullest extent permitted by applicable

 

9. INDEMNIFICATION

Users agree to indemnify, defend, and hold harmless Zest, its officers, employees, agents,

and affiliates from any claims, damages, liabilities, legal fees, or expenses arising from:

o A breach of these Terms by the User

o Any misuse of the Platform, including lawful activities

o Violations of third-party rights, such as intellectual property

infringement

o Any disputes arising from transactions between Users and third-party

providers

 

This indemnification obligation survives termination of these Terms.

 

10. FORCE MAJEURE

Zest shall not be liable for any failure or delay in performance caused by circumstances

beyond its reasonable control, including but not limited to:

o Acts of God (e.g., floods, earthquakes, natural disasters)

o Cyberattacks, network failures, or power outages

o Government actions, regulations, or pandemics

o Labour strikes, supply chain disruptions, or third-party service failures

If a force majeure event prevents Zest from fulfilling its obligations, users will be notified

as soon as possible, and affected services may be suspended until resolution.

 

11. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the

remaining provisions shall remain in full force and effect.

The affected provision shall be modified to the minimum extent necessary to make it

enforceable. If modification is not possible, the invalid provision shall be severed from

these Terms.

 

12. ENTIRE AGREEMENT

These Terms, along with the Privacy Policy, Data Security Policy, Intellectual Property

Policy, and Data Processing Agreement (DPA), constitute the entire agreement between

the User and Zest regarding the use of the Platform.

These Terms supersede all prior agreements, discussions, and understandings, whether

written or oral. No other representations or warranties apply unless expressly stated in

writing by Zest.

 

13. TERMINATION

Zest reserves the right to suspend or terminate access to the Platform without notice for

breaches of these Terms.

Termination does not limit Zest’s right to seek further legal remedies for violations.

 

14. THIRD-PARTY CONTENT

The Platform may include links to third-party websites or services. Zest does not control

or endorse these websites and is not responsible for their content or practices.

Accessing third-party websites is at the user’s own risk.

 

15. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the

Netherlands. Any disputes shall be subject to the exclusive jurisdiction of the courts in

Rotterdam, Netherlands, unless otherwise required by local consumer protection laws.

 

16. UPDATES TO THESE TERMS

Zest reserves the right to amend these Terms. Significant changes will be communicated

to users via email or Platform notifications. The latest version will always be accessible on

the Platform.

 

17. CONTACT INFORMATION

For questions or concerns regarding these Terms, please contact us at:

Email info@zest.golf

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Address Heer Bokelweg 178, 3032AD, Rotterdam, The Netherlands