Genesis Links Limited
Terms & Conditions of the Annual Subscription
These terms and conditions form the basis of the contract through which Genesis Links Limited (hereinafter referred to as the “Company”) will deliver services to the individual members (the “Members“) of Seapoint Golf Links and any subsequent, superseding golf club entity (the “Golf Club“) and shall govern your membership with the Golf Club.
By being accepted for membership by the Company, paying an annual or interim subscription payments due to the Company and ticking the box below confirming that you accept the terms and conditions, you confirm that you have read, understood and agreed to all the terms and conditions contained herein.
Members will be notified of any changes to the terms and conditions of membership in line with the provisions of these Terms and Conditions. The Company will endeavour to agree any changes with the Committees of the Golf Club in advance of executing any changes.
“Company” means the Genesis Links Limited
“Golf Access Agreement” means the agreement between the Golf Club and the Company under which the Company grants access to the Seapoint Golf Links golf course.
“Golf Club” means Seapoint Golf Club and any subsequent, superseding golf club entity linked to the Golf Access Agreement
“Golf Club Rules” means the Golf Club’s constitution, rules and any code of conduct which are made available to the Members of the Golf Club.
“Member(s)” means the individual members of the Golf Club.
“Membership” means the Members membership in the Club, subject to the Golf Club Rules and these terms and conditions.
“Membership Category” means the various classes of Members as set out in Schedule 1.
“Service(s)” means the service being provided to the Members by the Company as set out herein.
“Application for Membership Form”: means the application for membership form to be completed and submitted to the Club in order to become a Member of the Club. V3 26.01.2023
2. Membership Services
All membership categories are set out in Schedule 1, or available in hard copy form from the Pro Shop.
The Members’ access to the golf course is governed by the Golf Access Agreement, a copy of which is available upon request.
Services / Benefits vary according to the membership category, as set out in ‘Included in your membership’ table, set out in Schedule 1 or available in hard copy form from the Pro Shop.
The Company may change the Services to reflect legal and/or regulatory requirements and / or to implement such adjustments and/or improvements as the Company deems necessary. The Company shall notify the Members with written notice 60 (sixty) days in advance of the changes to the Services.
The Company shall use all reasonable endeavours to ensure that any Services supplied by external providers comply with the terms set out in these Terms and Conditions, though such services may be altered depending on the availably and cost of such third-party providers.
Services / benefits supplied by an external provider will be subject to the provider’s own terms and conditions, and we do not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services.
The Company reserve the right to change our external providers without prior notice and our decision on services / benefits provided is final.
3. The Individual Contract
By completing an Application for Membership Form, being accepted for membership and in paying an annual subscription, you are entering a legally binding agreement. By ticking the box at the base of these terms and conditions, you confirm that you have read, understood and agreed to all the terms and conditions set out herein.
At the point of renewal, your renewal payment is confirmation of the continued acceptance of the terms and conditions of this agreement. You may not transfer any of your rights and obligations under these terms and conditions to another person without prior written consent of the Company. Should you choose to pay your annual subscription by instalments, you are committing to payment in full for your year of membership, should you leave or resign your membership during your 12-month period, you are liable for the full payment.
4. Membership renewals
The Membership shall automatically renew on the expiration date unless the Company receives written notice of the Member’s intention not to renew his/her membership 30 (thirty) days in advance of the expiration of his/her Membership.
Your Membership Category may be changed, subject to the Member providing the Company with 30 (thirty) days written notice and the payment of the applicable fees. V3 26.01.2023
5. Leave of absence
You may apply to the Company’s management team for a leave of absence in the event that you are suffering from long term sickness or injury (certified as longer than three (3) months). Applications will be dealt with on a case-by-case basis and the decision to grant a leave of absence is at the sole discretion of the Company management team. Applications for a leave of absence must be made to the Director of Golf in writing or via email.
6. Cooling off period
You have a fourteen (14) day cooling off period from the date of confirmation of your new membership in which to cancel your subscription without penalty. You must notify us of your wish to cancel in writing by contacting the Operations team at email@example.com
The cancellation right above only applies to new membership applications only and does not apply to the renewals of existing memberships.
Any monies owed on account must be settled and neither party should suffer any form of material loss in the event of a cancelation of membership. For the avoidance of doubt, if Full membership is paid up front and subsequently cancelled within the cooling off period, the members shall be obliged to pay a pro rata amount for the period during which they were members.
The Members agree to abide by the Golf Club Rules. A copy of the Golf Club Rules have been provided to the Member in advance of the commencement of the Membership or are available on request. By becoming a Member, each Member agrees to abide by the Golf Club Rules on joining the Golf Club and reaffirms his/her commitment to abide by the Golf Club Rules on the renewal of his/her Membership. Failure to adhere to the Golf Club Rules may result in either the Men’s or Ladies Committee of the Golf Club implementing disciplinary procedures and/or the termination of your Membership.
8. Right to refuse applications or upgrade/downgrade applications
We reserve the right not to fulfil, or to cancel, your Application for Membership Form.
- if we are unable to obtain payment authorisation from the issuer of your credit/debit card or payment by other means,
- if your application for membership is not accepted by the Company
- if your application for membership is not accepted by the Golf Club
If the Company does not receive payment within 30 (thirty) days of providing notice to the Member, the Company may suspend or cancel your Membership.
If your individual application is accepted, but we subsequently discover that any or all of the information provided by you in the Application for Membership Form was misleading or false, we reserve the right to terminate this agreement with immediate effect. V3 26.01.2023
9. Individual obligations
In your dealings with the Company, the following applies;
a. the Member shall be responsible for discharging any and all charges to your club account;
b. you will advise the Company if you are aware of any circumstances which would prevent these Terms and Conditions from forming legally binding obligations upon you;
c. you will ensure that all the information which you submit to the Company is complete, reliable, accurate, free from errors, and not misleading in any way, and will not infringe any third party rights;
d. you will not do, or omit to do, anything that might reasonably be expected to put us in breach of any applicable laws; and
e. you will provide us promptly on request with all information that we may reasonably require from time to time about your access to or usage of the facilities.
10. Price Information
By agreeing to these Terms and Conditions, you agree that you will pay the Membership fees set out in Schedule 1, or made available in hard copy on request to the Pro Shop. Some fees relate to services provided by the Company and some fees relate to your Membership of the Golf Club.
Full members may make a one-off payment for your annual subscription (new or renewal) by credit or debit card, or choose to charge your credit or debit card over multiple monthly instalments. Whichever option you choose, your Membership will be automatically renewed on your renewal date, subject to Clause 3 (Membership Renewals).
The Company reserve the right to vary the amount of annual subscriptions fees as set out in Schedule 1 in subsequent years. Members will be provided with notice of any proposed variation in accordance with Clause 16 (Variation).
11. Credit/Debit Card Payment
If you are not using your own credit/debit to pay for the annual subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By completing an application form and ticking the box below confirming that you accept the terms and conditions, you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Members must maintain valid credit/debit card details on your online Membership portal which shall be used for charging the annual subscription or club account charges. Members will be liable for any fees incurred by the Company as a result of a failure to update any changes to your card details.
If agreed payment instalments are not met by a member’s credit or debit card provider, the Company reserves the right to charge all outstanding amounts in one transaction or suspend or cancel a Membership until payments are brought up to date with the Member. V3 26.01.2023
12. Viruses, hacking and other offences
You shall not (a) knowingly introduce any viruses into the Golf Club’s / Company’s website or (b) attack (or instigate or facilitate the attack of) the Golf Club’s / Company’s Site or Systems via a denial-of-service attack or a distributed denial-of-service attack, or (c) use the Golf Club’s / Company’s website, systems or social media platforms for any purpose which is unlawful, abusive, libellous, obscene or threatening.
A breach of this clause may constitute a criminal offence. We may report any such breach (whether actual or suspected) to the relevant authorities and you agree to co-operate with those authorities.
We will not be liable for any losses caused by any form of attack or viruses that may infect your computer equipment, computer programmes, data or other proprietary material due to use of the Company’s website or systems.
The Company’s or Golf Club’s website may contain links to other websites, which in turn may contain material that has been produced by third parties not affiliated with us. We have no control over those other websites and accept no responsibility or liability for information or content provided on such websites.
Nothing in these Terms and Conditions shall exclude or limit any person’s liability for death or personal injury caused by its negligence, or any person’s liability for fraud.
Subject to the above, neither the Company nor any of its agents or our directors, officers or employees will be liable for any indirect or consequential losses incurred or suffered by the Members, whether or not those losses are foreseeable.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
15. Data protection and Confidential Information
For the purpose of the EU General Data Protection Regulation 2016/679 and the Data Protection Act 2018, the data controller in respect of your personal data is Genesis Links Limited whose registered office is 9 Clare Street, Dublin 2, Ireland.
If you choose to be allocated a Handicap Index (HI) via the World Handicap System, your golf scores and HI will be made available to other members of Seapoint Golf Links via MyGolf, Golf Ireland and other technology platforms for the purpose of Peer Review.
The Company may need to contact you from time to time in respect of matters relating to the Golf Club. The ability to opt out or unsubscribe will be provided in all communications.
You shall treat as confidential and shall not (other than where permitted or compelled to do so by any applicable law) use or disclose to any person any Confidential Information nor permit its disclosure. For the purposes of these Terms and Conditions, Confidential Information means all information (in whatever form) which is not publicly known and which is disclosed to, or otherwise learnt by, you in connection with the Company. V3 26.01.2023
Without limiting or affecting any other rights and remedies which we may have and without liability to you for any losses which may result, the Company may terminate these Terms and Conditions immediately and without notice if:
a) you materially breach any of these Terms and Conditions;
b) you fail to renew your Membership;
c) you fail to discharge amounts owed by you on time in accordance with the Terms and Conditions;
d) you fail to treat fellow members, guests, visitors or staff with respect;
e) you fail to observe the Golf Club’s COVID-19 protocols or any other health and safety protocols in the Golf Club; and
f) we are required by any applicable law to terminate these Terms and Conditions.
For the avoidance of doubt, this clause 16 (Termination) applies only to each Member’s dealings with the Company and does not affect the terms and conditions of the Golf Club Rules or Golf Access Agreement.
On any termination of these Terms and Conditions your right to use the facilities as a member shall cease and we may terminate your access to and use of the Golf Club and invalidate any relevant access details.
Termination for whatever reason of these terms and conditions shall not affect:
- any rights, liabilities or obligations which accrued before such termination;
- any right to payment of fees outstanding prior to termination; and
- any Terms and Conditions that are intended to continue to have effect after such termination.
The Company may change the Terms and Conditions to reflect relevant laws and regulatory requirements and / or to implement minor adjustments and improvements as the Company deems necessary. The Company shall notify the Members with written notice 60 (sixty) days in advance of the changes to the Services. If the Members do not accept the proposed changes, the Members will notify the Company in writing of his/her intention to cancel his/her Membership before the changes take effect. If no such changes are communicated in advance of the renewal date, the current Terms and Conditions shall continue to apply until the next anniversary of your membership.
18. Entire Agreement
These Terms and Conditions override any existing terms or conditions published in relation to your annual subscription with the company.
19. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Ireland.
Each party irrevocably agrees that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes of claims) arising out of or in connection with these Terms and Conditions, the Membership or is the subject matter or formation.
20. Duty of Care
The Company represents to fully comply with all applicable local fire and safety regulations. The Company pursues regular controls of its technical installations and customer protection to ensure the highest safety and hygiene standards. The Company undertakes to provide reasonable advance notification to Members of any refurbishment or renovation taking place to the facilities or property which may impact on the golfing experience. V3 26.01.2023
21. Force Majeure
“Force Majeure Event” means any circumstance not within the Company’s reasonable control including, without limitation:
a) acts of God, flood, drought, earthquake or other natural disaster;
b) epidemic or pandemic;
c) imposition of sanctions, embargo, or breaking off of diplomatic relations;
d) nuclear, chemical or biological contamination or sonic boom;
e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence;
f) collapse of buildings, fire, explosion or accident;
g) non-performance by suppliers or subcontractors; and
h) interruption or failure of utility service.
If the Company is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (the “Affected Party“), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations.
The Affected Party shall:
a) as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
The Company shall ensure that for the duration of this agreement it shall keep in place all necessary insurances which it requires in connection with its provision of the Services.
The Company will offer members the options of retaining personal insurance. Neither the Company, any of our agents or our directors, officers or employees will be liable for any losses incurred or suffered by you for failure to retain that personal insurance, other Member’s failure to retain such insurance or any dealings you may have with the insurance provider.
Personal insurance is currently arranged by the Company through the Golfsure Personal Scheme which is underwritten by XL Catlin (although such insurance provider may change from time to tiem). The Company arranges the scheme for the Members but is not involved in providing the insurance and is not therefore liable for any damages, claims or costs which may arise from claims related to this scheme.
The scheme operates from April 1st – March 31st each year. Irrespective of whatever date you enter the scheme, your policy will be due for renewal on the next anniversary of the scheme; April 1st. No pro rata payment options are available.
The member shall hold harmless and shall indemnify the Company in respect of any direct loss or damage, including third party claims, penalties, levies, fines, expense, legal fees and liability incurred by the Company where such is caused by the Members breach of its duties under these Terms and Conditions. The Member will not be required to so indemnify The Company if such liability, claim, cost, expense or damage results from gross negligence, wilful misconduct or bad faith on the part of The Company.
Data & Privacy
Genesis Links may need to contact you from time to time in respect of matters relating to Seapoint Golf Links. Please tick the boxes below to allow Genesis Links to contact you in this manner. The ability to opt out or unsubscribe will be provided in all communications.