1.1 These are the terms and conditions on which Handicaddie Ltd (company no. NI670943) (hereinafter “Handicaddie” or “we”) makes the Platform (defined below) and Application (defined below) available to you as a caddie (hereinafter “Caddie”, “you” or “your”) seeking to provide caddying services at the Golf Clubs associated with Handicaddie.
1.2 Handicaddie Limited provides an online platform that enables associated Golf Clubs to coordinate and book Caddies to provide caddying services to its Golfers (the “Platform”). The Platform is accessible and available on the Handicaddie web application (the “Application”).
1.3 By using the Platform via the Application and registering a Caddie Profile (as defined below) with Handicaddie, you agree to comply with and be legally bound by the terms and conditions set out herein (the “Terms”).
1.4 While we use all reasonable endeavours to ensure uninterrupted performance of the Application we make no warranties or representations as to its function without fault.
2.1 The following definitions and rules of interpretation apply in these Terms.
“Applicable Law” means all applicable laws, statutes, regulations from time to time in force;
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK
including the Data Protection Act 2018 and UK
General Data Protection Regulation;
“Golfer(s)” means those golfers wishing to have a Caddie booked for them by a Golf Club and to whom the caddying
services will be provided by you;
“Golf Club(s)” means the golf clubs affiliated with Handicaddie from time to time, as listed on the Platform;
“Writing” When we use the words “writing” or “written” in these terms, this includes emails.
- How the Platform Works for Caddies
3.1 The Application will be used by Caddies to set up a caddie profile (the “Caddie Profile”), which shall be available to view by Golf Clubs wishing to book a Caddie to provide caddying services at their Golf Club.
3.2 A Caddie wishing to use the Platform to advertise their availability to provide caddying services must first register as a “caddie” on the Application and set up their Caddie Profile. A Caddie Profile must include the following details:
(b) Mobile number;
(c) Email address
(d) Name of golf course they intend to caddie at
Please note Caddies must be at least 13 years old to register a Caddie Profile with Handicaddie.
3.3 Each Caddie available for hire at a particular Golf Club is listed on the Platform by way of their Caddie Profile and Golf Clubs will book a Caddie (or caddies) in accordance with clause 4 below.
3.4 The information disclosed within the Caddie Profile is based entirely on the information submitted by the Caddie. It is the responsibility of the Caddie to ensure the information supplied is accurate, complete and correct. You will indemnify and hold harmless Handicaddie for any inaccuracies or misrepresentations made by you on your Caddie Profile.
3.5 The Caddie undertakes that they shall comply with all Applicable Laws when using the Platform and Application and when providing any caddying services on foot of any Booking (defined below) made via the Platform / Application. You further undertake to provide any caddying services with all due care, skill and ability.
3.6 The Caddie registers as a caddie with Handicaddie, creates a Caddie Profile and uses the Platform and Application entirely at their own risk and nothing in these Terms shall render the Caddie an employee, worker, agent, consultant or partner of Handicaddie and the Caddie shall not hold themselves out as such. The use of the Platform and Application by the Caddie will not constitute a contract of employment and accordingly the Caddie shall be fully responsible for and shall fully indemnify Handicaddie for and in respect of any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the Caddie’s use of the Platform and/or Application. The Caddie shall further indemnify Handicaddie against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Handicaddie in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
3.7 It will be the sole responsibility of the Golfer to pay the Caddie the relevant amount for provision of the caddying services as indicated in the Caddie Profile (plus, insofar not included in the price, relevant applicable taxes, levies and fees (if applicable)) directly on the date on which the Golfer is scheduled to play at the relevant Golf Club. For the avoidance of doubt, Handicaddie, the Platform and the Application will have no obligations, responsibility or
liability in relation to any payment to be made by the relevant Golfer to the Caddie (or any failure by the Golfer to make such payment) and the payment to the Caddie will not be made via the Platform or the Application.
4 Handicaddie Account, Bookings and Cancellations
4.1 On first accessing the Platform via the Application, the Golf Club will establish an account with Handicaddie (the “Handicaddie Account”).
4.2 Prior to midnight on the day specified by Handicaddie and/or the relevant Golf Club each week (such deadline to be notified to Caddies )) Caddies shall confirm (via the Application) their availability to provide caddying services at the relevant Golf Club for the coming week (7 days). Based on availability (as confirmed by the Caddies), the relevant Golf Club will use its Handicaddie Account to allocate Caddies to provide caddying services to specific Golfers/tee times (“Booking”). Once the Booking has been made by the Golf Club and has been confirmed and processed by Handicaddie, the relevant Caddies will receive an email to notify them of the Booking, and a job will appear on their profile. The Caddie will be deemed to have accepted the Booking once they have been notified of the Booking. For the avoidance of any doubt, Handicaddie shall have no liability to Caddies where they have not been allocated a position on a Booking.
4.3 In addition to regular Bookings made in accordance with clause 4.2 above, Golf Clubs may require Caddies to fill Bookings at short notice. In such circumstances, the relevant Golf Club will contact Caddies by telephone via the telephone number provided by the relevant Caddie on their Handicaddie Account and Caddies will accept or decline the short notice Booking verbally. Golf Clubs shall be free to contact Caddies for short notice bookings at random and, for the avoidance of doubt, Handicaddie shall have no liability to Caddies who have not been contacted for such a booking.
Caddies should be aware that Golf Clubs and/or Golfers may cancel or change their Booking(s) from time to time, in which case the Caddies affected will be notified by Handicaddie via email and on the Application of such cancellation/change as soon as possible after it become aware of the cancellation/change. Handicaddie shall not in any circumstances have any liability for any losses or damages which may be suffered by the Caddie as a result of the Booking or cancellation/change by the Golf Club or the Golfer of the Booking, whether such losses or damages are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever.
4.4 Caddies shall be permitted to cancel any Booking at any time prior to the Booking tee off time by contacting the Golf Club which made the Booking directly by telephone. Should Caddies cancel their place on a Booking, they shall indemnify Handicaddie in respect of any losses or damages which may be suffered by Handicaddie as a result of the cancellation, whether such losses or damages are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever.
- Our rights to make changes
5.1 We may change:
(a) any aspect of the Platform, a Booking and/or the Application:
(i) to reflect changes in relevant laws and regulatory requirements; and/or (ii) to implement minor technical adjustments and improvements.
(b) the scope of the Platform and/or the Application from time to time at our discretion by notice in writing to you; and/or
(c) the Terms from time to time at our discretion by notice in writing to you.
6.1 We may, in our absolute discretion, terminate the Terms of agreement with you and/or any Booking at any time by giving notice in writing to you. We may also deactivate your Caddie Profile and registration with Handicaddie at our discretion.
- Liability and Indemnification
7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
7.2 Subject to clause 7.1, we shall not be liable to the Caddie, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in respect of any loss or damage you may incur as a result of your use of the Platform and/or the Application and, for the avoidance of doubt:
(a) we shall not be liable for any loss you incur as a result of our termination of the Terms and/or a Booking, or our deactivation of your Caddie Profile or registration with Handicaddie;
(b) we shall not be liable for the acts or omissions of any Golf Club that has booked you as a Caddie via the Platform; and
(c) we shall not be liable for the acts or omissions of any Golfer.
You agree to release, defend, indemnify, and hold Handicaddie and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against claims, liabilities,
7.3 damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your access to or use of the Platform via the Application, (ii) your provision of, or failure to provide, caddying services pursuant to a Booking, or (iii) your violation of these Terms, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking, your provision of caddying services or your use of the Platform via the Application.
- Data Protection
8.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 8.2 is in addition to, and does not relieve, remove or replace, either of our obligations or rights under the Data Protection Legislation.
- Intellectual property rights
9.1 Unless otherwise stated, the software required for the Platform or available or used by our Application and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform and Application are owned by Handicaddie.
9.2 Handicaddie exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of the Application on which the Platform is made available and you are not entitled to copy, publish, market or promote or otherwise use the content or our brand without our express written consent. Any unlawful use or any of the aforementioned actions or behaviours will constitute a material infringement of our intellectual property rights.
- Other important terms
10.1 You must:
(a) not use the Platform or Application or any service provided by us in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or Application or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or Application or our service (to the extent that such use is not licensed by these terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform, Application or any service provided by us;
(d) not use the Platform, Application or any service provided by us in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from the Platform or Application or our systems or attempt to decipher any transmissions to or from the servers running the Platform or Application.
10.2 If our provision of services under the Platform or Application is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Notwithstanding, we will not be liable for delays caused by the event.
10.3 The Platform and/or Application may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
10.4 From time to time we may automatically update the Platform and/or Application to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Platform and/or Application for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and/or Application.
10.5 We may transfer our rights and obligations under these Terms to another organisation without further notice to you.
10.6 You need our consent to transfer your rights under these Terms to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
10.7 Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
10.8 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.9 Even if we delay in enforcing any clause of these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.10 These Terms are governed by Northern Irish law and any legal proceedings hereunder shall be brought in the courts of Northern Ireland.