Terms of Service

1. These terms

These Terms of Service ("Terms") are a legal agreement between TeeCheck Limited ("TeeCheck", "we", "us"), a company registered in New Zealand (company number 9465551, NZBN 9429054024830) of 2 Kenilworth Grove, Silverstream, Upper Hutt 5019, New Zealand, and the business that subscribes to the Service ("you", "your", "the Venue").

You accept these Terms when you tick the box at sign-up, or by accessing or using the Service. If you accept on behalf of a venue or a group of venues, you confirm you have authority to bind it.

TeeCheck is business software supplied to businesses. It is not offered to individuals for personal or household use, and you agree you are acquiring it in trade.

2. Definitions

• "Service" means the TeeCheck web application, mobile applications and related services.
• "Venue Data" means all data you or your Users put into the Service: fleet and equipment records, checks (inspections) and their results, faults, photographs, hire records, prices, costs and earnings, notes, billing details and reports.
• "User" means an individual you authorise to use the Service for your venue.
• "Manager" means a User with full rights over a venue's equipment, staff and records, including Finances and billing.
• "Inspector" means a User (usually staff) whose access is limited to carrying out checks and hires and viewing fleet information.
• "Group" means two or more venues linked so that one or more people (head office) can see them together.
• "Hire Asset" means a bag, cart, trolley, simulator or range bay, or machine recorded in the Service. Clubs and golf balls are never Hire Assets.
• "Plan" means the subscription plan your venue is on (Studio, Venue, Course or Group), as described in section 7 and on our pricing page.

3. Accounts, users and roles

• You are responsible for everything done under your venue's account, including by your Users.
• You must give accurate account and billing information and keep it up to date.
• Each User account is personal to one individual. Accounts must not be shared between people.
• Every Plan includes unlimited Users. To prevent misuse we may set reasonable limits on how many people can be invited or added in a day, including lower limits during a free trial.
• Staff can join your venue by an invitation or by a join code or QR code your Managers control. You are responsible for who you give a join code to, and for removing Users promptly when they leave or no longer need access.
• You must tell us as soon as you become aware of unauthorised access to your account.

4. Acceptable use

You must not, and must not permit anyone else to:

• Use the Service unlawfully, or in breach of anyone's privacy or other rights.
• Upload photographs of people taken without their knowledge, or any content that is unlawful, offensive, or unrelated to equipment and hire management.
• Use hire notes, charge notes or other free-text fields to build a customer database, or to record more personal information about your customers than you need to run the hire.
• Attempt to access another venue's data, probe or circumvent the Service's security, or test its vulnerabilities without our written consent.
• Reverse engineer, decompile or attempt to derive the source code of the Service.
• Resell, sublicense or otherwise make the Service available to any third party.
• Use automated means to extract data at a scale or rate that degrades the Service for others.
• Introduce malicious code, or use the Service to distribute it.

5. Your data

Venue Data belongs to you. We claim no ownership of it.

You grant us a limited licence to host, store, process, transmit and display Venue Data only to provide the Service to you, to support you, and to meet our legal obligations. We do not use Venue Data to train machine learning models, and we do not sell it or disclose it to anyone for their own purposes.

You are responsible for the accuracy and lawfulness of Venue Data, including having the right to record any personal information it contains about your staff or your customers.

Personal information in Venue Data

Where Venue Data includes personal information (for example, staff names, or a customer's name in a hire note), we hold it for you, as your agent for the purposes of section 11 of the Privacy Act 2020. We will:

• use and disclose it only to provide the Service and support to you, or where the law requires;
• protect it with reasonable security safeguards, and require our service providers to do the same;
• tell you without undue delay, and within 72 hours, after we become aware of a privacy breach affecting it, and help you assess it and notify the people affected;
• help you respond to requests to access or correct it; and
• delete or return it in line with section 16.

You are responsible for having a lawful basis to collect it and for telling the people concerned what you record about them. How we handle the personal information we hold for our own purposes (such as Users' account details) is set out in our Privacy Policy.

Money stays with the Manager

Costs, prices and earnings in Finances are shown only to the venue's Manager, behind a password check. Other Users, and Group members, do not see them.

Groups

A venue joins a Group only when its own Manager chooses to. While it is in a Group, the Group's members can see summaries of the venue: open faults, overdue checks, and checks and hires. They never see money. Opening the venue's own screens still requires a membership of that venue. A venue's Manager can take the venue out of a Group at any time, and the Group's members then stop seeing its summaries straight away. A Group admin can also remove a venue.

Copies of your data

You can view, print and export your records while your account is active, in the formats the Service provides, including the evidence pack for an item. If you ask within 90 days after your subscription ends, we will give you a copy of your records in CSV format within 20 working days, free of charge.

6. What TeeCheck is, and what it isn't

This section matters more than any other in these Terms. Please read it carefully.

TeeCheck is a digital record-keeping and fleet management tool. It records what your staff observe and enter. It is a system of record.

TeeCheck is not a safety certification body. It does not inspect equipment, it does not assess whether equipment is safe or fit for use or hire, and it makes no judgement about the physical condition of any item. It records what a person told it.

• The person checking equipment at your venue keeps full responsibility for the physical check and for any safety judgement about it, including whether it is fit to hire out.
• A record showing an item as checked, passed, "all good" or returned from hire is a record that a person made that assessment. It is not a warranty, certification or representation by us that the item is safe, serviceable or fit for any purpose.
• An evidence pack is a copy of your own records. It is not a certificate, and it does not show that you have met any legal duty.
• You remain responsible for your own health and safety duties, including under the Health and Safety at Work Act 2015 (NZ), the Work Health and Safety Act 2011 or your state's equivalent (Australia), and any other law that applies to you. Using TeeCheck does not discharge those duties.
• Notifications, fault alerts, reminders and reports are conveniences. They may fail to send, arrive late, or not be seen. Do not rely on them as the only way to make sure a check happens or a fault is dealt with.

7. Plans, fees, trial and billing

Plans

• Plans and prices are as shown on the Plan & billing page in the Service and on our website, or as agreed with you in writing. Every Plan includes every feature and unlimited Users.
• Hire Asset limits: Studio up to 30, Venue up to 100, Course up to 300 plus NZ$40 (A$40 in Australia) a month for each extra 100 or part of 100. Clubs and golf balls never count.
• Group Plans are by agreement, are priced per site, and need at least 3 sites.

Currency and GST

• New Zealand venues pay in New Zealand dollars, plus GST.
• Australian venues pay in Australian dollars. We are not registered for Australian GST and do not add it to our prices. When you choose a Plan, give us your ABN and tell us whether you are registered for GST; we rely on what you tell us. If you are registered for GST but do not use TeeCheck only for your business, you may need to account for GST yourself under the reverse charge rules. If you are not registered for GST and we later become required to charge Australian GST, we will give you at least 30 days' notice before adding it, and you may cancel before then.
• Venues in other countries pay as agreed in writing.

Free trial

• A new venue gets a free 30-day trial with every feature. No card is needed, and we do not charge you automatically when a trial ends unless you have chosen a Plan and added a card or asked for an invoice.
• We will remind you before your trial ends. When it ends, you have 7 days to choose a Plan. If card payments are not yet open when your trial ends, those 7 days start when they open.
• If you have not chosen a Plan by then, Managers can no longer use the manager screens until a Plan is chosen. Your staff can keep checking and hiring, and nothing is deleted.

Billing and cancelling

• Monthly Plans are billed monthly in advance by card. Yearly Plans are billed yearly in advance at the price of 10 months, by card or by invoice. Invoices are payable within 20 days.
• Card payments are processed by Stripe. We never see or store your full card number.
• Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel online at any time on the Plan & billing page (Manage card and invoices), or by emailing support@teecheck.golf. We will remind you by email at least 30 days before a yearly Plan renews, with the renewal price.

Founding offer

• The first 40 venues (across New Zealand and Australia) to choose a Plan before the founding offer closes get 25% off their Plan price for their first 12 paid months. After the 12 months the Plan's normal price applies, and we will remind you at least 30 days before it does. We publish the closing date on our website and on the Plan & billing page.

Moving up or down a Plan

• We will tell you in the Service when your venue reaches 90% of its Plan's Hire Asset limit.
• If your venue has more Hire Assets than its Plan allows, we will email your Manager at least 14 days before your next bill. Unless you bring your Hire Assets back within the limit before that bill, it will be for the smallest Plan that fits, at the published price (for a yearly Plan, from its next yearly renewal). Checks never stop because of a Plan limit.
• You can move to a smaller Plan from your next bill if your Hire Assets fit within it; email us to arrange it.

Pausing

• You can pause a monthly Plan for 1 to 6 months in any 12 months. While paused, your records are kept and Managers can view and export them, but checks and hires can't be recorded. The pause fee is NZ$15 or A$15 a month (plus GST where it applies). Your Plan restarts at the end of the pause, and we remind you 7 days before.

Price changes, failed payments and refunds

• We may change our prices by giving you at least 30 days' written notice. A new price applies from the start of your first billing period that begins after the notice ends, so a yearly Plan keeps its current price until it renews. If you don't accept a price change, you can cancel before it applies. A change does not affect a founding discount during its 12 months.
• If a payment fails, we will tell you and try again. If it is still unpaid after 14 days, we may close the manager screens as described under Free trial until it is paid. Your staff can keep checking and hiring, and your data is kept. If it is still unpaid about 4 weeks after the first failed attempt, your subscription is cancelled; section 16 then applies to your records, and you can choose a Plan again at any time.
• Fees already paid are non-refundable, except as set out in these Terms or where the law requires a refund.
• Cancellation takes effect at the end of the current billing period (month or year), and we do not refund the unused part of that period, except that we will refund the unused part of a yearly Plan, pro rata, if you cancel because of a price increase or a material change to these Terms, or if we end these Terms other than for your breach.

8. Availability, backups and support

We aim for high availability using standard industry infrastructure, and will use commercially reasonable efforts to keep the Service available. We do not guarantee uninterrupted or error-free operation, and these Terms contain no binding uptime commitment, service credits or financial penalties for downtime.

The Service may be unavailable during planned maintenance, which we will try to schedule outside peak hours and tell you about in advance where practicable, or during unplanned outages, including those caused by our infrastructure providers.

Our database is backed up daily by our infrastructure provider, and backups are kept for at least 7 days.

Support is by email at support@teecheck.golf. We aim to reply to standard enquiries within 48 business hours. This is a best-effort target, not a contractual service level.

9. Third-party services

The Service depends on third-party providers, including those listed in our Privacy Policy. We are responsible for the providers we use to run the Service as if their acts and omissions were our own, subject to section 13 and to events beyond our reasonable control (section 18). Card payments are processed by Stripe under Stripe's own terms. We are not responsible for services you choose to use yourself, such as your bank, card issuer, email provider, internet connection or devices.

10. Intellectual property

The Service, including all software, design, text, graphics, the TeeCheck name and logo, and the equipment catalogue and templates we supply, is owned by us or our licensors and is protected by intellectual property law. These Terms give you a non-exclusive, non-transferable, revocable licence to use the Service during your subscription, and nothing more.

If you give us feedback or suggestions, we may use them freely and without obligation to you.

11. Confidentiality

Each party may receive confidential information from the other. Each must keep the other's confidential information secure, use it only for the purposes of these Terms, and not disclose it except to personnel and advisers who need it and are bound by equivalent obligations, or where the law requires disclosure.

12. Consumer law and warranties

Nothing in this section or section 13 excludes, restricts or modifies any guarantee, right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Subject to that, the Service is provided "as is" and "as available", and we exclude all warranties, conditions and representations not expressly stated in these Terms.

Consumer Guarantees Act 1993 (New Zealand)

You acquire the Service for business purposes. You and we agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act, and that it is fair and reasonable for the parties to be bound by this provision.

Fair Trading Act 1986 (New Zealand)

Where both parties are in trade, the parties agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 to the extent permitted by section 5D of that Act, and agree it is fair and reasonable to do so.

Australian Consumer Law

If you are in Australia, nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where the law allows, our liability for failing to meet a consumer guarantee is limited, at our option, to supplying the Service again or paying the cost of having it supplied again.

13. Limitation of liability

Subject to section 12 and to the extent the law allows:

• Neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings.
• We are not liable for loss of data, except to the extent it was caused by our failure to take reasonable care; in that case our responsibility is to use reasonable efforts to restore it from our most recent backup.
• We are not liable for any loss, damage, injury or claim arising from the condition, failure, malfunction or unsafety of any equipment recorded in the Service, whether or not that equipment was recorded as checked, as satisfactory, or as returned from hire. Responsibility for physical equipment safety rests with you, as set out in section 6.
• We are not liable for any loss arising from your reliance on a notification, reminder, alert or report that failed to send, was delayed, or was not received.
• Each party's total liability to the other arising out of or in connection with these Terms, whether in contract, tort (including negligence), equity or otherwise, is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim and (b) NZ$500 (or A$500 for Australian venues).

These limits do not apply to your obligation to pay our fees, to your obligations under section 14, or to liability for fraud or wilful misconduct, or that cannot lawfully be limited.

14. Indemnities

You indemnify us against claims by third parties (including your customers, members, staff and visitors), and the reasonable costs of defending them, to the extent the claim arises from: your breach of these Terms or of any law; Venue Data, including any claim that it infringes someone's rights or breaches their privacy; or the condition, failure or safety of equipment recorded in the Service, including equipment you hired out. This indemnity does not apply to the extent the claim was caused by our breach of these Terms or our negligence.

We indemnify you against claims by third parties that your use of the Service in line with these Terms infringes their intellectual property rights, and the reasonable costs of defending them.

A party relying on an indemnity must tell the other promptly about the claim, let the other control its defence, and give reasonable help.

15. Suspension and termination

• You may cancel your subscription at any time, effective at the end of the current billing period (section 7).
• We may suspend or limit access: if payment remains unpaid as described in section 7; if you materially breach these Terms and don't fix the breach within 7 days of our notice; or immediately where we reasonably believe it is needed to protect the security of the Service or other users, to prevent harm, or to comply with the law. We will tell you why, limit the suspension to what is reasonably needed, and restore access promptly once the issue is fixed.
• We may end these Terms on 30 days' written notice, or immediately by notice if you materially breach them and don't fix the breach within 14 days of our notice. If we end them for any reason other than your breach, we will refund the fees you have paid for any period after the end date.
• On termination, your right to use the Service ends. Sections 5, 10, 11, 12, 13, 14, 16 and 18 survive.

16. Your data after termination

After your subscription ends we keep your venue's records for 12 months, so you can reactivate and pick up where you left off, or ask for a copy (section 5). After that, Venue Data is deleted or de-identified and cannot be recovered, except billing records we must keep for 7 years under tax law. You may ask us to delete it sooner.

17. Changes to these terms

We may change these Terms to reflect changes to the Service, the law or how we run our business. For a change that is material or to your detriment, we will give at least 30 days' notice by email to your Manager and in the Service. If you don't accept it, you can cancel before it takes effect, and if you are on a yearly Plan we will refund the unused part pro rata. If you keep using the Service after the change takes effect, the amended Terms apply. Price changes are dealt with in section 7, not this section.

18. General

• Governing law: these Terms are governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts. If you are in Australia, this does not take away any right or remedy you have under the Australian Consumer Law or other Australian law that cannot be excluded.
• Disputes: if a dispute arises, either party may give written notice of it. We will each try in good faith to resolve it within 20 working days. If we can't, either party may refer it to mediation through the Resolution Institute before starting court proceedings, except for urgent relief. Each party pays its own costs and half the mediator's.
• Force majeure: neither party is liable for failure to perform caused by events beyond its reasonable control.
• Assignment: you may not assign these Terms without our written consent. We may transfer these Terms to a buyer of all or part of the TeeCheck business, or to a related company, if it agrees to be bound by them. We will tell you at least 30 days before, and you may cancel before the transfer with a pro rata refund of any prepaid fees.
• Entire agreement: these Terms are the entire agreement between the parties on this subject and replace all prior discussions.
• Severability: if any provision is held unenforceable, the rest continues in force.
• No waiver: a failure to enforce a provision is not a waiver of it.
• Notices: notices to us go to the email address below; notices to you go to your Manager's email address.

19. Contact

TeeCheck Limited
2 Kenilworth Grove, Silverstream, Upper Hutt 5019, New Zealand
support@teecheck.golf