1.1. These are the terms and conditions which govern your participation in Scottish Golf’s “Open Play” service (“OpenPlay”). Please read these terms and conditions carefully before subscribing for OpenPlay. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.2. The Scottish Golf entity with which you are contracting is Scottish Golf Enterprises Limited, a company registered in Scotland with company number SC687027 and whose registered office is at Arrol House, Rosyth Europarc, Viking Way, Rosyth KY11 2UU.
1.3. These terms and conditions relate specifically to OpenPlay and operate in addition to other terms and conditions which apply to the use of the Scottish Golf website and Scottish Golf app, which can be found here.
1.4. Our acceptance of your subscription will take place either when the confirmation webpage appears or when we send you a confirmation email (whichever comes first), at which point a contract will come into existence between you and us.
1.5. If we are unable to accept your subscription, we will inform you of this and will not charge you. This is likely to be because you do not meet the requirements for registration set out in these terms and conditions.
1.6. OpenPlay shall be delivered in accordance with the Rules of Golf and WHS Rules (in each case, as defined below).
2.1. Only those who are not currently a member of a Scottish Golf affiliated golf club may subscribe for OpenPlay. Additionally, anyone who terminates their membership of a Scottish Golf affiliated golf club may not, for a period of 12 months from the date of the termination of such membership, subscribe for OpenPlay (unless an exemption is granted by the relevant affiliate club and notified to Scottish Golf, such exemptions being granted at the sole discretion of the relevant affiliate club).
2.2. To subscribe for OpenPlay, you must register and provide the information requested accurately. Personal information provided at the time of subscription is presumed to be true and correct. It is your responsibility to update personal information as and when necessary
2.3. Each person may only register once and each subscription is for a single person only.
2.5. You agree to subscribe to OpenPlay for the period of time specified on your application form.
2.6. Your OpenPlay subscription will continue indefinitely until cancelled by you in accordance with these terms and conditions.
2.7. When you pay using your debit or credit card, the system automatically stores your credit card details to enable you to pay for the same/other services on the site. Credit card details are stored under heavy encryption by a third-party payment provider and not on the OCS Sport system.
OpenPlay entitles you to an official Scottish Golf handicap, a CDH ID number which will provide you access to the Scottish Golf website, access to Scottish Golf App and other benefits offered from time to time. OpenPlay subscribers also have access to Scottish Golf promotions and Scottish Golf’s partner promotions.
4.1. Previous CDH ID holders can obtain previous history of score.
4.2. To obtain your initial OpenPlay handicap you must submit the equivalent of 54 holes of scores as either nine or eighteen hole rounds on a golf course in Scotland (“Scores”). All Scores submitted must have been played in accordance with and meet the requirements of the rules of golf (as amended from time to time). (“Rules of Golf”).
4.3. Scores can be submitted for handicap using “General Play” function on the Scottish Golf app or through the Scottish Golf terminal at the golf course you are playing, if available. Scores may also be submitted through Scottish Golf licenced and approved third-party software if you are playing in an organised competition which enables submission of Scores in this manner.
4.4. When submitting a Score, your Score must be verified by a marker who must be the person with whom you played the round in question.
4.5. Once you have been awarded your initial OpenPlay handicap then you can continue to submit scores and operate your handicap in accordance with the World Handicap System rules of handicapping.(“WHS Rules”).
4.6. We reserve the right to amend or suspend your OpenPlay handicap at our discretion at any time in accordance with the Rules of Golf and the WHS Rules.
4.7. If you cancel your subscription and do not join a Scottish Golf affiliated golf club within 6 months then your handicap will lapse and Scores may be deleted.
5.1. You shall pay to us the joining fee and subscription fee (“Fees”) set out in your application form in each case on the payment terms also set out in your application form.
5.2. Fees will be charged and billed to your nominated debit/credit card.
5.3. Save as set out in paragraph 5.4, if your payments cease or your subscription otherwise expires and you wish to reactivate your CDH ID we reserve the right to charge an administration fee
5.4. If you end your OpenPlay subscription for the purpose of joining a Scottish Golf affiliated golf club and then leave that club and rejoin OpenPlay then there will not be an administration fee.
5.5. We reserve the right to increase or decrease your subscription fee. If we chose to do so you shall be given a four week notice period prior to the amended fees being collected, during which, subject to any minimum term to your subscription, you shall be entitled to cancel your subscription without further charge.
6.1. If your credit card payment or direct debit payment does not successfully process, we will communicate with you to settle your account such that you can continue to receive the benefits of being a OpenPlay subscriber.
6.2. You agree to keep your account in sufficient funds and pay all of your own bank fees, including any fees which your bank charges if your account is overdrawn as a result of our direct debit. Should any of your direct debits or credit card payments fail, we will either add the outstanding sum to the next direct debit or make additional direct debits to recover the overdue amount.
6.3. Should your account continue to be in arrears for 5 days or more, we will suspend your OpenPlay subscription (including your CDH ID meaning that your handicap will no longer be valid) until such time as payment is restarted. We reserve the right to charge additional administration fees in these circumstances.
7.1. We shall not be liable for any unforeseeable losses, loss of profit, loss of business, business interruption of loss of business opportunity suffered by you or any third party.
7.2. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.
7.3. To the extent permitted by law, all terms implied by law or otherwise are excluded.
7.4. We will not be obliged to give you any refund of fees paid for your membership if you fail to use your membership or terminate early, before the end of your subscription period.
7.5. Whilst we endeavour to ensure that OpenPlay is available 24 hours a day, we shall not be liable if for any reason OpenPlay is unavailable at any time or for any period. Access to your subscription may be suspended temporarily and without notice in the case of system failure, maintenance or for any other reason.
7.6. We may suspend, withdraw, discontinue or restrict the availability of all or any part of OpenPlay for business or operation reasons or for reasons relating to the Rules of Golf or the WHS Rules. Will try to give you reasonable notice of any such suspension, withdrawal or discontinuation.
8.1. You may cancel your OpenPlay subscription prior to 7 (seven) business days before your subscription renewal date. If you chose to cancel in this manner, your subscription will then expire on the next payment due date.
8.2. At any time, we can terminate your subscription immediately by giving you notice in writing or by email if we reasonably believe you have seriously breached a material term of this contract, including but not limited to:
a) breaching these terms and conditions, the Rules Of Golf or the WHS Rules; or
b) carrying out any illegal, offensive, or unsafe activity on the premises of any affiliated Scottish Golf affiliated golf club.
8.3. We reserve the right to recover our costs and losses under this contract from you should we terminate your membership under paragraph 8.2.
We may make the following changes to these terms and conditions or to your subscription but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
These terms and conditions are governed by and shall be construed in accordance with Scots Law.