mLastMinute - Maximizing Course Usage, Providing Opportunities to Golfers.

For Golf Course Operators:

Thank-you for visiting our site www.m-lastminute.com (“Website”). Please read the following terms very carefully as they set out your rights and obligations when you register for, or use any of our services.

Introduction

By registering for, or using any of our services you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the services.

Without limiting the above, we may ask you to accept any or all of the terms when you first register for, or start using a service that is maintained by Synegys s.r.o., hereby Synegys.

If you do not want to be bound by the terms, you must not register for, or use a service. If you concluded a written contract with us, you will also be bound by these terms. However, to the extent that there is a conflict between the written contract and these terms, the written contract will prevail.

Interpretation of these terms
In these terms:

agreement means the agreement between us and you that comes about by your acceptance of these terms as set out in the section headed "Introduction" above;
m-lastminute.com website means the websites that we own and operate located at www.m-lastminute.com including any page, part or element thereof;
content includes any information, data, text, music, sound, graphics, video, messages, hyperlinks or tags;
downloads means any software, data, application, code, files or content that you retrieve, view or download when using a service;
charges means the amounts we charge you for rendering our services, including (without limitation) our transaction or subscription charges, and any third party charges we incur;
intellectual property rights includes (without limitation) any and all rights, title and interest (whether registered or not) in and to any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, logos, devices, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement;
service means any service, product, goods, downloads, content, program or website that we may provide from time to time;
terms means the terms and conditions set out herein, and includes any additional terms (as defined in the section headed "Additional terms" below);
use includes (without limitation) accessing, retrieving, downloading, logging on to or viewing a service;
VAT means value-added tax;
we, us and our means Synegys s.r.o. who maintains www.m-lastminute.com, ICO 27567800, and includes our successors in title and/or assigns;
you and your means any person who registers for, or uses any of our services;
the singular includes the plural and vice versa; and
headings are only for reference and not interpretation.

Any hyperlinks which are not operational will not in any way detract from the validity and interpretation of these terms.

Changes to terms

We may change any or all of the terms including (without limitation) the charges at any time without notice to you.

Any changes will become effective when we publish them on the m-lastminute website.

You must check the m-lastminute website and the terms regularly for changes.

By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges.

If you do not accept the changed terms or charges, you must stop using the service (see the section headed "Ending a service" below).

Additional terms

Some of our websites or documents may contain additional rules, guidelines, charges or terms and conditions (additional terms).

By subscribing to or using our services relating to those websites or documents, you agree to be bound by, and comply with those additional terms.

These terms apply to the extent that there is a conflict between these terms and the additional terms.

Services – general

We always try to provide the services to the best of our ability.

We may suspend, interrupt, change or end any service for any reason without notice.

We will try to widely publicize changes to the services which apply generally.

We may also give you advance notice of any interruption of a service due to maintenance.

Limitation of liability and indemnity In this section

damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether

in contract, delict or otherwise;

direct, indirect, special or consequential;

foreseeable or not; and

notification of the damages were given in advance or not; and
uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) fire, explosion, earthquake, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.

You subscribe to and use any service at your own risk.

Neither we nor our affiliates, employees, shareholders, agents or service providers are liable to you or any third party for any damages suffered by you or a third party howsoever arising, including (without limitation) any damages suffered by you due to:

our negligence, or the negligence of our affiliates, employees, shareholders, agents or service providers;
your use of a service;
any interruption of, or error in the service;
our failure to fulfill our obligations as a result of uncontrollable events; or
disclosure of your information

If you suffer damages or are dissatisfied with a service your only remedy is to end the agreement or stop using the service (see the section headed "Ending a service" below).

You indemnify, us and our affiliates, employees, shareholders, agents and service providers, against all third party claims, damages and legal costs howsoever arising from or relating to:

your breach of these terms;
any claims made by third parties by your use of a service

No warranties despite anything to the contrary in these terms, we:

provide all services "as is" and "as available"; and
don't warrant, represent or guarantee, whether expressly or by implication, that any service is free of errors or interruptions, always available, fit for any purpose, secure or does not infringe any third party rights.

Without limiting the generality of the above, no service is fault-tolerant or is designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including (without limitation) to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which any failure could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). In addition to the other disclaimers and limitations contained within this agreement, we and our affiliates, shareholders, employees, agents and service providers specifically disclaim any express or implied warranty of fitness for high risk activities including emergency notification services.

You should not regard any information, ideas and opinions expressed on the m-Lastminute website as professional advice or as our official opinion. Please get professional advice before you take any course of action related to the information, ideas or opinions expressed on the m-Lastminute website.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, our liability (and the liability of our affiliates, employees, shareholders, agents, and service providers) shall be limited to the greatest extent permitted by applicable law.

Third party goods and services
In many cases, we provide the services of third parties, or our services in conjunction with those of third parties including (without limitation) network providers.
In those cases, the following conditions apply

We provide such services subject to the terms, conditions and limitations imposed by those third parties.
If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the services to you without notice. We may nevertheless try to provide such a service in another way or by using another third party.
You authorize us to provide any of your information to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you.
To the extent that there is a conflict between the third party's terms and conditions and these terms, these terms prevail.
When you acquire goods, downloads or services from a third party through any of our services, you understand and agree that -

we are not a party to the contract between you and the third party;

we don't have to monitor the third party service you use;

the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;

you must evaluate the goods, software or service and the applicable terms and conditions before acquiring
the goods, software or service; and

you indemnify us against any damages (as defined in the section headed "Limitation of liability and indemnity" above) howsoever arising from your acquisition and use of the third party goods, software or service.
We may reject or refuse any third party service used by you in conjunction with our service.

Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that our software is programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.

Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

Mobile-originated (MO), Mobile-terminated (MT) and Premium Rate services – general

In addition to the other terms, this section applies if you use any of our Mobile-originated (MO), Mobile-terminated (MT) or Premium Rate services.

We collect MO messages and pass these on to you in the methods described by us.

You are responsible for content of the service, as well as the cost of all bearer charges to provide the content to your end client.

Please note that to ensure that we comply with industry codes of conduct, you must route all MT messages directly or indirectly associated with any of our hosted short codes via our messaging gateway. This will enable us to ensure that all premium rate and short code messaging services offer the required confirmation messages as stipulated by the various codes of practice and that such messages can be validated as having been submitted. We may end the service immediately without notice if you don't comply.

If your account is used by users for such networks as we charge for incoming messages, you must pay all such costs in full. We may subtract such message credits as are necessary to redeem those costs from your account at the end of each calendar month.

You must ensure all times that there are enough credits in your account to be subtracted by us for incoming messages from your account. We may end the service immediately without notice to you if you don't have enough credits in your account at any time to be subtracted by us for charges owed to us.

You can ask us by email what the charges are that apply to this service.

All messages sent in reply to any MO messages will be charged the number of credits applicable in the country and is published from time to time.

We will pay any revenue share, if any, due to you within 90 (ninety) days after we receive the relevant amount from the network involved.

If there are any differences between our records, your records or the network provider's records, the records of the network provider are deemed to be correct and binding on us and on you.

Mobile-originated (MO) or Mobile-termintated (MT) or Premium Rate services – advertising guidelines

In addition to the other terms, this section applies if you use any of our Mobile-originated (MO), Mobile-terminated (MT) or Premium Rate services.

In this section:

advertisement means any form of communication with your clients including (without limitation) advertisements, brochures and websites;
charges means network charges and premium charges;
network charges means the charges of the network service providers for use of their networks, e.g. SMS, MMS, USSD, GPRS; and
a premium charge means the content or value-added charges that you charge your clients for using your premium rate service

This section sets out how you must advertise your services.

If you don't advertise your service in the way set out in this section, we may:

withhold your share of the monthly revenue for that service (if any) until you comply; or
end the service if you fail to comply repeatedly. All your advertisements must comply with the following rules:
if your service is a polyphonic ringtone which costs $3 by way of a premium rate SMS but which still has to be downloaded via WAP, then your advertisement must state the following: "$3 (including VAT) + download charges ";
if it takes two SMSs to deliver a polyphonic ringtone, you cannot say that the charge is $3.00 if the net charge is $6.00. In such a case, the advertisement must state that the charge is $6.00 or "$3 per SMS (2 SMSs needed)
The advertisement must state the charges inclusive of VAT.
The font size of the charges must be such that they can be easily seen in the advertisement. Your client must be able to see the charges with very little effort.
Your charges must be located on the advertisement in such a place that your client can see it easily. Your client must be able to see the charges when looking at the advertisement without having to search the advertisement for the charges. You may not hide the charges in the terms and conditions.
You may not state the charges in some advertisements and not in others.
If you give your client the option to unsubscribe for a service, you may only charge network charges to unsubscribe and you may not charge premium charges.
Your advertisement must state all the material terms and conditions to the extent that this is practical.
Your advertisement must not contain our intellectual property.
Your advertisement must make it clear that you, and not we, provide your service.

The advertisements must state the charges of your service fully and correctly, if applicable. For example - Equipment

You must at your own cost acquire and maintain such:

computer, telephone, other communications equipment and software; and
network or Internet access, as may be necessary to use our services.

You must ensure that your computer, phone, other communications equipment and software are compatible with the service concerned before you register for or use the service.
You must regularly back up all your data.

Account, password and security
Sometimes, to register for, or use a service, you must give us information about yourself as prompted.
You warrant that all information you give is current, complete and accurate.

We may suspend or stop any service if you give information that is not current, complete and accurate.
You must promptly tell us if any of the information you provided changes.

You must choose a password. We will give you an account and account name.

You:

must keep your password, account name and account information confidential and must not disclose these to third parties;
must not circumvent, or attempt to circumvent, our user authentication systems;
are entirely responsible for all payments and any activities that occur under your account;
are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and
indemnify us against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.

You must tell us immediately if there is any unauthorized use of your account or any other breach of security.

Your privacy

We respect your privacy.

We won't monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.

We will try our best to protect your privacy on systems and websites that we control.

However, we are not liable for any unauthorized or unlawful disclosures of your personal information by third parties who are not subject to our control (for example, advertisers and websites that have links to the m-Lastminute website).

Please note that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provides hyperlinks, may be different from ours.

We don't warrant the security of the information which you transmit to us.

Our service will, however, transmit the sender's name (from field) and/or email address with each message that the end-user sends.

You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.

For more information about our collection, collation, processing, use and monitoring of your personal information, please see our Privacy Policy.

Messages and other limitations

We are not responsible for the deletion or failure to store information.

We have set no fixed upper limit on the number of message you may send through the service apart from how many credits are left in you account.

We may determine whether or not your conduct is consistent with the letter and spirit of the agreement and may end the service at any time if your conduct does not comply with the agreement.

Please see the section headed _Ending a service_ below for more information on procedure for ending a service.

We may, in the future, with prior notification, limit the amount of storage space available to you.

The sender identification that can be included as part of a mobile text message is not a guaranteed feature. Your message might be sent without your sender identification and you will not be notified of this.

Although we try our best to deliver message quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".

Your Conduct

You must only use the services:

in accordance with the terms;
for lawful purposes;
in accordance with all applicable local, national and international laws and regulations; and
for the purposes for which they are designed.

When you use our services, you must not:

do anything which violates any terms;
send junk SMS messages, spam or any unsolicited messages (commercial or otherwise);
make any misrepresentation including (without limitation) _

deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;

impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;

change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and

forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
violate or infringe any intellectual property rights;
do anything which does or may:

damage, impair, overburden or disable any system of any person (including us) using our services;

interfere with another user's use and enjoyment of the service or of similar services;

interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or

compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
harvest or collect information about others, including email addresses, without their consent for any reason;
violate the privacy of any person;
reproduce, replicate, copy, sell or re-sell any of -

our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or

the information or data contained in our services;
repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
transmit content that you do not own or do not have the right to publish or distribute;
access any of our services or any similar service of any third party or any network without authorisation or through hacking, password mining or any other means;
perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
use the service for commercial use without authorisation; or
help any third party to do any of the above.

Use of m-Lastminute website

We give you a non-transferable, non-exclusive license to view, download, save and print the content of the m-Lastminute website, provided that you use the content for private, personal, educational and/or non-commercial purposes only. You may not use the content for any other purpose without our prior written consent.

You may quote small and reasonable amounts of content available from the M-Lastminute website only if such a quote is placed in inverted commas and acknowledged.

Apart from bona fide search engine operators and use of the search facility provided on the M-Lastminute website, you may not use or attempt to use any technology or applications (including (without limitation) web crawlers, robots or web spiders) to search, collect or copy content from the M-Lastminute website for any purpose whatsoever, without our prior written consent.

You may not incorporate email addresses, names, telephone numbers or fax numbers published on the M-Lastminute website into any database used for electronic marketing or similar purposes.

We give no permission, whether expressly or by implication, that you may use the information on the M-Lastminute website to send unsolicited communications to us.

General Terms of Use
Any illegal use of the SMS is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage may be considered as harassment to an individual or an organization. You are responsible for the privacy and storage of your username and password.

You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you. You accept responsibility for your message content, in accordance with generally applicable laws. Synegys does not assume any liability for content of messages sent. You exempt Synegys from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. Synegys reserves the right to exclude you from using this service refunding the remaining amount in your account. In any other circumstance all purchases must be considered as final, in compliance with our no refund policy.

You acknowledge that Synegys delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.

Synegys neither claims nor guarantees either availability or performance of this service. While Synegys makes every effort to deliver the message promptly, Synegys accepts no liability for transmission delays or message failures.

Synegys debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if Synegys’ investigations have produced evidence of technical problem or error. The SMS pricing scheme is published on the m-Lastminute.com web site. Because Synegys cannot guarantee delivery of the SMS messages to the recipients due to possible errors on the part of the mobile network providers, Synegys does not refund undeliverable SMS messages to you.

The SMS account balance is non-refundable, and does not bear interest.

You use the service entirely at your own risk.

Ending a service

You may end a service at any time for any reason by following the procedure set out in the M-Lastminute website and these terms.

When you end a service, the relevant provisions of these terms will apply including (without limitation) the provisions set out under the section "Charges and payment" below.

If you have any questions about the right way to end this agreement please send an email to
info@m-lastminute.com.

Trial Services
From time to time, m-Lastminute may offer free trial credits to new users. We expect new users to use these trial credits to test the functionality of our products and messaging platform. We regard multiple registrations to make use of multiple free credits as an abuse of our trial service. Accordingly, registration for more than 3 trial accounts, by a single user, is prohibited.

Charges and payment Charges.
In consideration for using our services, you must pay us our charges, at the applicable rate then in effect, in the manner we specify including (without limitation) our charges for messages delivered or partially delivered using any available delivery method.

We may from time to time for limited periods offer "free trial" or similar promotions during which no charges or reduced charges shall apply. Such promotions are intended for you to test the capabilities of the service and/or for casual, personal use only. During such promotions, all these terms apply.

All charges are payable upfront. You must pay all charges upfront by buying service credits. If you have no credits, you cannot use the service. Once you have paid the upfront charges, you will only be able to use the service after a reasonable time to as we need to add the credits to your account.

Payment.
Charges are due and payable at the time of, or before we deliver a message to your recipients, via every method of delivery based upon the billing plan we select. Payment is deemed to have been made as soon as the charge is available in our bank account. We may make other payment arrangements in our sole discretion, on a case-by-case basis.

You shall pay all charges free of set-off, charges or deductions.

If we issue an invoice to you, you must pay the invoice within 14 (fourteen) days of date of the invoice.

Your failure to pay any amount when due, will constitute a breach of these terms.

In the event of any Regulatory Fine as a result of the client's service, M-Lastminute shall be entitled to withhold or deduct the amount of such fine, charge or sum from any sums payable to the Client under this agreement.

In the event that any amount on the client's account is outstanding, M-Lastminute shall be entitled to withhold or deduct this amount from any sum payable to the Client whether in premium rated revenue share or any other fees.

Credit Card Payment.
If you choose to pay for the service by credit card, and we receive no payment from the credit card issuer, you must pay all amounts due, on demand.

Your agreement with the credit card issuer governs the use of your credit card. So, please refer to that agreement to see what your rights and obligations are as a cardholder.
We charge in Euros and USD. Conversion rates are worked out once a day. This may change the amount of the charges due to currency fluctuations. The final amount of the charges is the amount reflected on your credit card statement.

Taxes.
Unless stated otherwise, all charges exclude taxes, including (without limitation) sales, use, personal property, value-added, withholding, excise, or other taxes and duties including penalties and interest. You are liable for, and must reimburse us for all taxes imposed in connection with or arising from the provision of any service (other than those assessed on our net income or capital gains) . You will provide us with sufficient information to enable the timely payment of any applicable taxes. The sum payable by you upon which any taxes are based shall be increased to the extent necessary to ensure that, after the deduction or withholding of any taxes, we actually receive and retain, free from liability for such taxes, a net amount equal to the amount we would have received and retained in the absence of such taxes.

Increase in charges. We may increase our charges at any time by notice to you.

If we increase our charges after you have bought credits from us, we will give you 14 days' notice of the increase. The increase will then apply to the credits that you have in your account.

Expiry of credits.
You must use up your credits within 120 days from the date on which you bought the credits. We may extend this period on a case-by-case basis in our sole discretion.

Expiry of Account.
If there is no activity in your account for 365 days, we have the right to remove your account from the m-Lastminute.

Credit-based billing principles. We can charge variable charges per message sent through our system. We publish these variable charges on the M-Lastminute website from time to time. We charge the published rate when a message is sent through the system.

You understand and agree that the number of credits to a specific destination network may change due to various factors, and that we may adjust these rates whenever we deem it necessary to do so.

If you have not selected a specific band or profile that supports delivery to a specific destination, you understand and agree that messages sent may not be delivered to such destinations. Conversely, if you have chosen specific bands which support a higher credit rate per message, and you are not aware that a specific route at the time of sending the message to us will be charged at the said higher rate, you understand and agree that you will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.

Interest.
We may levy interest on any amounts that are not paid when due at a rate of 2% above LIBOR (London Interbank Offer Rate).

Currency.
We charge in United States Dollars (USD) and Euros and convert the amount to the relevant currency at the applicable conversion rate on the date of the transaction. The conversion may change the charge due to currency fluctuations. The final charge is the amount reflected on the credit card holder's statement.

We reserve the right at any time to charge in any currency other than United States Dollars or Euros.

Breach
If you breach any of these terms, then we may immediately, without prejudice to any of our other rights and without notice to you:

claim payment of all outstanding amounts due to us;
stop or suspend your use of any of the services;
end the agreement; and/or
claim damages from you.

In all cases, we may keep all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and attorney and client legal costs.

Effect of ending this agreement or suspension of service

If this agreement ends or a service is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use before the ending or suspension.

Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension of access to/or use of a service (in whole or in part) where the suspension arises from your failure to comply with the terms.

Upon ending and/or cancellation of a service or this agreement, for any reason you must immediately stop using the service and remove all of our downloads on any computer, database, server (local or remote) in your possession or under your control.

We have no obligation to you after any termination or cancellation of a service or this agreement.

Intellectual property and downloads

We (or the appropriate third party) retain all intellectual property to the services, the systems that provide the service and downloads.

You may not, directly or indirectly:

sell, sub-license, lease, distribute or otherwise transfer any downloads to any third party;
appropriate the downloads in whole or in part for whatever purpose;
decompile, disassemble or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
create derivative works based on the downloads;
incorporate the downloads into any other content for whatever purpose;
remove any legal notices (copyright, trademark or other proprietary rights notices);
reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any content in respect of which we own the copyright.
use the downloads for timesharing or service bureau purposes or otherwise for the benefit of a third party;
frame any portion of the web pages that are part of the service.

You must comply with all national and international laws pertaining to intellectual property rights.

You keep ownership of any original content that you provide when you use a service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when using the service.

Hyperlinks
We may provide hyperlinks to websites that we do not control (target sites).

We don't necessarily endorse, agree with or support the content, products and/or services of target sites.

Interception of communication
By subscribing to or using a service, you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

General Provisions
Governing law. The terms are governed by ad must be construed under the laws of Czech Republic. All disputes, actions and other matters relating thereto are determined in accordance with such law.

Jurisdiction. You submit to the jurisdiction of the courts of the Czech Republic.

Whole agreement. The terms constitute the whole of the agreement between us and you relating to the matters dealt with herein. No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the terms not incorporated therein will be binding on you or us. Any change or addition to the terms will only be valid if it is made by us under the section headed "Changes to terms" above.

No waiver. Any waiver, indulgence, relaxation or extension of any of the terms will be effective only in the specific instance and for the purpose given. No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver. No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.

Provisions are severable. Each provision of the terms is severable from the other provisions. If any provision is found to be invalid or unenforceable, we may change it under the section headed "Changes to terms" above or remove it in its entirety. The remaining provisions of the terms will nevertheless remain binding.

No agency or authority. These terms create no contract of agency, partnership, joint venture, or employment between you and us. You have no authority to bind us.

Cession and delegation. You may not cede, assign or delegate your rights or obligations under these terms. We may cede, assign or delegate our rights and obligations under these terms without your consent.

Agreement Information and provisions
Our full name and legal status: Synegys s.r.o., registration number 27567800, a private company duly incorporated in the Czech Republic

Our postal address: Washingtonova 1567/25, 110 00 Praha 1, Czech Republic

Our telephone number: +420 224 211 224

For Golfers:

Thank-you for visiting our site www.m-lastminute.com (“Website”). Please read the following terms very carefully as they set out your rights and obligations when you register for, or use any of our services.

Introduction
By registering for, or using any of our services you agree that you have read, understand and are bound by these terms, regardless of how you registered for or use the services.

Without limiting the above, we may ask you to accept any or all of the terms when you first register for, or start using a service that is maintained by Synegys s.r.o., hereby Synegys.

If you do not want to be bound by the terms, you must not register for, or use a service.

If you concluded a written contract with us, you will also be bound by these terms. However, to the extent that there is a conflict between the written contract and these terms, the written contract will prevail.

Interpretation of these terms

In these terms:

agreement means the agreement between us and you that comes about by your acceptance of these terms as set out in the section headed "Introduction" above;
m-lastminute.com website means the websites that we own and operate located at
www.m-lastminute.com including any page, part or element thereof;
content includes any information, data, text, music, sound, graphics, video, messages, hyperlinks or tags;
downloads means any software, data, application, code, files or content that you retrieve, view or download when using a service;
intellectual property rights includes (without limitation) any and all rights, title and interest (whether registered or not) in and to any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, logos, devices, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement;
service means any service, product, goods, downloads, content, program or website that we may provide from time to time;
terms means the terms and conditions set out herein, and includes any additional terms (as defined in the section headed "Additional terms" below);
use includes (without limitation) accessing, retrieving, downloading, logging on to or viewing a service;
we, us and our means Synegys s.r.o. who maintains www.m-lastminute.com, ICO 27567800, and includes our successors in title and/or assigns;
you and your means any person who registers for, or uses any of our services;
the singular includes the plural and vice versa; and
headings are only for reference and not interpretation.

Any hyperlinks which are not operational will not in any way detract from the validity and interpretation of these terms.

Changes to terms
We may change any or all of the terms including (without limitation) the charges at any time without notice to you.

Any changes will become effective when we publish them on the m-lastminute website.

You must check the m-lastminute website and the terms regularly for changes.

By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges.

If you do not accept the changed terms or charges, you must stop using the service (see the section headed "Ending a service" below).

Additional terms
Some of our websites or documents may contain additional rules, guidelines, charges or terms and conditions (additional terms).

By subscribing to or using our services relating to those websites or documents, you agree to be bound by, and comply with those additional terms.

These terms apply to the extent that there is a conflict between these terms and the additional terms.

Services – general
We always try to provide the services to the best of our ability

We may suspend, interrupt, change or end any service for any reason without notice.

We will try to widely publicize changes to the services which apply generally.

We may also give you advance notice of any interruption of a service due to maintenance.

Limitation of liability and indemnity

In this section:

damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether

in contract, delict or otherwise;

direct, indirect, special or consequential;

foreseeable or not; and

notification of the damages were given in advance or not; and
uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) fire, explosion, earthquake, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party

our negligence, or the negligence of our affiliates, employees, shareholders, agents or service providers;
your use of a service;
any interruption of, or error in the service;
our failure to fulfill our obligations as a result of uncontrollable events; or
disclosure of your information.

If you suffer damages or are dissatisfied with a service your only remedy is to end the agreement or stop using the service (see the section headed "Ending a service" below). You indemnify, us and our affiliates, employees, shareholders, agents and service providers, against all third party claims, damages and legal costs howsoever arising from or relating to:

your breach of these terms;
any claims made by third parties by your use of a service.

No warranties despite anything to the contrary in these terms, we:

provide all services "as is" and "as available"; and
don't warrant, represent or guarantee, whether expressly or by implication, that any service is free of errors or interruptions, always available, fit for any purpose, secure or does not infringe any third party rights.

We provide such services subject to the terms, conditions and limitations imposed by those third parties.
If those third parties change, suspend or stop providing such services, we may similarly change, suspend or stop providing the services to you without notice. We may nevertheless try to provide such a service in another way or by using another third party.
You authorize us to provide any of your information to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the services to you.
To the extent that there is a conflict between the third party's terms and conditions and these terms, these terms prevail.
When you acquire goods, downloads or services from a third party through any of our services, you understand and agree that -

we are not a party to the contract between you and the third party;

we don't have to monitor the third party service you use;

the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;

you must evaluate the goods, software or service and the applicable terms and conditions before acquiring the goods, software or service; and

you indemnify us against any damages (as defined in the section headed "Limitation of liability and indemnity" above) howsoever arising from your acquisition and use of the third party goods, software or service.
We may reject or refuse any third party service used by you in conjunction with our service.

must keep your password, account name and account information confidential and must not disclose these to third parties;
must not circumvent, or attempt to circumvent, our user authentication systems;
are entirely responsible for all payments and any activities that occur under your account;
are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and
indemnify us against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.

in accordance with the terms;
for lawful purposes;
in accordance with all applicable local, national and international laws and regulations; and
for the purposes for which they are designed.

When you use our services, you must not:

do anything which violates any terms;
send junk SMS messages, spam or any unsolicited messages (commercial or otherwise);
make any misrepresentation including (without limitation) _

deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;

impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;

change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and

forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
violate or infringe any intellectual property rights;
do anything which does or may:

damage, impair, overburden or disable any system of any person (including us) using our services;

interfere with another user's use and enjoyment of the service or of similar services;

interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or

compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services.
transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
harvest or collect information about others, including email addresses, without their consent for any reason;
violate the privacy of any person;
reproduce, replicate, copy, sell or re-sell any of -

our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or
the information or data contained in our services;
repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
transmit content that you do not own or do not have the right to publish or distribute;
access any of our services or any similar service of any third party or any network without authorisation or through hacking, password mining or any other means;
perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
use the service for commercial use without authorisation; or
help any third party to do any of the above.

claim payment of all outstanding amounts due to us;
stop or suspend your use of any of the services;
end the agreement; and/or
claim damages from you.

In all cases, we may keep all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and attorney and client legal costs.

Effect of ending this agreement or suspension of service

If this agreement ends or a service is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use before the ending or suspension.

Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension of access to/or use of a service (in whole or in part) where the suspension arises from your failure to comply with the terms.

Upon ending and/or cancellation of a service or this agreement, for any reason you must immediately stop using the service and remove all our downloads on any computer, database, server (local or remote) in your possession or under your control.

We have no obligation to you after any termination or cancellation of a service or this agreement.

Intellectual property and downloads
We (or the appropriate third party) retain all intellectual property to the services, the systems that provide the service and downloads.

You may not, directly or indirectly:

sell, sub-license, lease, distribute or otherwise transfer any downloads to any third party;
appropriate the downloads in whole or in part for whatever purpose;
decompile, disassemble or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
create derivative works based on the downloads;
incorporate the downloads into any other content for whatever purpose;
remove any legal notices (copyright, trademark or other proprietary rights notices);
reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any content in respect of which we own the copyright.
use the downloads for timesharing or service bureau purposes or otherwise for the benefit of a third party;
frame any portion of the web pages that are part of the service.