Agreement

Terms and Conditions for Online Payment Service
Last updated: May 1, 2019.

These terms and conditions ("Terms and Conditions") for My Caddy’s online payment service ("Online Payment Service") govern your use of the Online Payment Service. This is a legal agreement between you and My Caddy, ("we", "us" or "My Caddy"). By using the Online Payment Service, you are agreeing that you have read, understand, and agree to be bound by these Terms and Conditions and by My Caddy’s Terms of Service and Privacy Policy. Capitalized terms not defined in these Terms and Conditions have the meanings given to them in the Terms of Service or in the Privacy Policy.

If you are a Caddy and do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Site or the Services. If you are a Player/ Golf Facility and do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Online Payment Service.

We may modify these terms and conditions from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Online Payment Service after such posting will constitute acceptance by you of such changes.

1. OVERVIEW AND NATURE OF ONLINE PAYMENT SERVICE.
The Online Payment Service is a service provided by My Caddy to Players/ Golf Facilities. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by My Caddy.

The Online Payment Service is provided solely as a conduit for payments between Players and Caddy’s, and Players retain sole control over the timing and amount of all payments. Payments are disbursed to Caddy’s only as instructed by the Players/Golf Facilities and only with funds provided and controlled by Players/Golf Facilities. My Caddy exercises no management or oversight functions in connection with the Online Payment Service.

2. ACCEPTING ONLINE PAYMENTS.
Caddy’s must accept online payments from Players/Golf Facilities. Upon registration with My Caddy, or at such other time or times as determined by My Caddy, Caddy must provide and/or confirm his or her deposit account information to My Caddy (payments made to a Caddy by Players/ Golf Facilities through the Online Payment Service will be deposited in such deposit account). To ensure proper payment, Caddy is responsible for providing and maintaining accurate contact and payment information associated with the Caddy’s account. My Caddy shall transmit funds to Caddy as paid and directed by Player/ Golf Facility. Caddy’s acknowledge and understand that My Caddy does not have any control over the timing and amount of payments authorized by Players/ Golf Facilities.

3. BOOKING AND PAYMENT AUTHORIZATION.
When a Player/ Golf Facility books with a Caddy, the Player may elect to use the Online Payment Service, if available, to facilitate an online payment to the Caddy. If the booking request is accepted by the Caddy, the booking is confirmed and Player/ Golf Facility authorizes My Caddy to charge the Player's/ Golf Facilities payment card for the amount of the booking (as described in this Section 3), additional gratuity (if any) Player/ Golf Facility subsequently directs to be paid to the Caddy, and the Online Payment Fee (see Section 4 below), upon completion of the scheduled booking.

Following the Caddy’s report, My Caddy will send a request (the “Confirmation Request”) to the Player/ Golf Facility to confirm the job being booked reported by the Caddy. Upon Player's/ Golf Facilities confirmation of the job booked, Caddy’s payment card will be charged with the confirmed booking amount. If Player disagrees with the job reported by the Caddy, the disagreement must be raised within 24 hours of the Confirmation Request.

If there is a disagreement in the job reported by the Caddy and the Player (for example, if the Caddy reports forecaddie and the Parent reports single bag) and the disagreement is raised within 24 hours of the Confirmation Request, the Parent’s payment card will not be charged until expressly authorized by the Parent. If a disagreement is timely raised in accordance with these Terms and Conditions, My Caddy will not process any payments through the Online Payment Service that are in dispute until My Caddy has received written authorization or online confirmation from the Player/ Golf Facility authorizing such payment. Please see Section 14 of the Terms of Service regarding disputes.

By using the Online Payment Service, Players/ Golf Facilities hereby directs and authorizes My Caddy to charge Players/ Golf Facilities’ payment card in accordance with these Terms and Conditions. Such charges, once authorized, are final.

4. ONLINE PAYMENT SERVICE FEE.
My Caddy charges Players/ Golf Facilities a fee (the “Online Payment Fee”) for use of the Online Payment Service. The Online Payment Fee is added to the authorized booking and gratuity amount when payment is authorized by Player/ Golf Facility. My Caddy reserves the right to modify the Online Payment Fee at any time.

5. RESPONSIBILITIES OF USERS.
You understand and agree that Users are responsible for any applicable tax, withholding or reporting, including, but not limited to, any applicable unemployment insurance, social security or payroll withholding tax or income reporting in connection with any payments made using the Online Payment Service. You understand and agree that if My Caddy is found to be liable for any tax, withholding tax or reporting obligation in connection with any payments made through the Online Payment Service, then you will immediately reimburse and indemnify My Caddy for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

You understand and agree that you are solely responsible for determining your applicable tax withholding, reporting and payment requirements, and your ability to use the Online Payment Service in compliance with such requirements, in consultation with your tax advisors.

6. AGREEMENT TO PAY.
If, for any reason, My Caddy does not receive payment for any amounts that a Player/ Golf Facility has authorized to be paid through Player’s/ Golf Facilities use of the Online Payment Service, Player/ Golf Facility agrees to pay such amount immediately upon demand by My Caddy. Player/ Golf Facility also agrees to pay any interest charges, attorneys’ fees and other costs of collection incurred by My Caddy in collecting the authorized but unpaid amounts. However, nothing in this paragraph imposes any obligation on My Caddy to pursue collection of such amounts.

7. DISCLAIMER OF WARRANTIES AND RELEASE.
In addition to (and without limiting in any way) the Disclaimer of Warranty and Limitations of Liability described in Section 15 of the Terms of Service, My Caddy expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise with respect to the Online Payment Service. My Caddy provides the Online Payment Service on an AS-IS basis, and your use of the Online Payment Service is at your own discretion and risk.

YOU AGREE TO RELEASE MY CADDY AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE ONLINE PAYMENT SERVICE.

8. TERMINATION OR MODIFICATION OF PAYMENT SERVICE.
My Caddy reserves the right to modify, suspend or terminate the Online Payment Service at anytime, with or without prior written notice. In addition, My Caddy may, in its sole discretion, suspend or terminate the right of any individual Player/ Golf Facility or Caddy to use the Online Payment Service.