Terms & Conditions and Privacy Policy

Terms & conditions and privacy policy for use of Circles website and software.

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Introduction

Welcome to drawmorecircles.com. This website is owned and operated by Draw More Circles Holdings Limited. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.This agreement shall be known as the Terms and Conditions and Privacy Policy version 2 and dated July 2021.

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Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement below, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. You are strictly prohibited from engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, including but not limited to blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.

You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. When using any of our open communication tools, you agree that you will not upload, post, share, or otherwise distribute any content that: i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any intellectual property, trademark, patent, trade secret, copyright, or other proprietary right of any party; iii. Contains any type of unauthorized or unsolicited advertising; iiii. Impersonates any person or entity, including any Institute of Golf employee or representative. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible or liable for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. Draw More Circles Holdings Limited will not be liable for any content posted by you or any other Third party users of our website. However, any content posted by you using any of the open communication tools on our website, provided that it doesn't violate or infringe on any Third party copyright or trademark, becomes the property of Draw More Circles Holdings Limited, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit, presently or beyond this agreement. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless Circles and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy Policy

Your privacy is very important to us. Our privacy policy below explains in detail how we collect, use, disclose and protect your private information. Our privacy policy is forms part of this User Agreement.‍

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INTRODUCTION‍

Draw More Circles Holdings Limited, trading as ****Circles (we, us, our) comply with and are to be held accountable to the New Zealand Privacy Act 2020 (the Act) or any subsequent replacement act when dealing with the account holders personal information.

Personal information is information about an identifiable individual (a natural person).This policy sets out how we will collect, use, disclose and protect your personal information. This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.‍‍

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CHANGES TO THIS POLICY

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy. This policy was last updated in February 2023.‍

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WHO DO WE COLLECT YOUR PERSONAL INFORMATION FROM

We collect personal information about you from:

you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products
third parties where you have authorised this or the information is publicly available.
We may collect personal information from you directly.

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HOW WE USE YOUR PERSONAL INFORMATION‍‍

We will use your personal information:

to verify your identity
to provide services and products to you
to market our services and products to you, including contacting you electronically (by text, email or the Circles portal for this purpose)
to improve the services and products that we provide to you
to bill you and to collect money that you owe us, including authorising and processing credit card transactions
to respond to communications from you, including a complaint
to conduct research and statistical analysis (on an anonymised basis)
to protect and/or enforce our legal rights and interests, including defending any claim
for any other purpose authorised by you or the Act. ‍

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‍DISCLOSING YOUR PERSONAL INFORMATION

We may disclose your personal information to:

another company within our group
any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
other third parties (for anonymised statistical information)
a person who can require us to supply your personal information (e.g. a regulatory authority)
any other person authorised by the Act or another law (e.g. a law enforcement agency)
any other person authorised by you. A business that supports our services and products may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand. ‍‍

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PROTECTING YOUR PERSONAL INFORMATION

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.‍

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ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at support@drawmorecircles.com. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information. ‍

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INTERNET USE

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

For example, if you post your personal information on the website’s message board/chatroom, you acknowledge and agree that the information you post is publicly available.If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information. ‍‍

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COOKIES

We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the website.‍‍

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CONTACTING US

If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us at support@drawmorecircles.com‍

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Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Circles or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

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Limitation of Liability

In conjunction with the Limitation of Warranties, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of our products and/or services. Circles will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

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Copyright / Trademark

All content and materials available on drawmorecircles.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Draw More Holdings Limited, and are protected by applicable copyright and trademark law.

Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Draw More Circles Holdings Limited.

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Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

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Governing Law

This website is controlled by Draw More Holdings Limited. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of New Zealand, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site, even where such purchases are made in a foreign currency.

Furthermore, any action to enforce this User Agreement shall be brought in the Courts of New Zealand. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

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Guarantee

UNLESS OTHERWISE EXPRESSED, DRAW MORE CIRCLES HOLDINGS LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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Contacting Us

If there are any questions regarding the terms and conditions above you may contact us using the email address below.

support@drawmorecircles.com