Sales Terms and Conditions

1. Applicability

BY COMPLETING A PURCHASE OF A WAVE FROM Golfzon (“Golfzon” or “we”), YOU HEREBY AGREE TO BE BOUND BY AND ACCEPT THESE TERMS SET FORTH ON Golfzon’s WEBSITE (the “Site”). Terms can vary for purchases from other resellers.

2. Cancellation

By placing your order, you accept and are bound to these terms. If you have placed an order but do not wish to be subject to these terms, you must promptly cancel your order before it is processed and shipped, or return your purchase in accordance with Golfzon’s Return Policy (See below). By signing the receipt of delivery for your Golfzon equipment, you agree to these Sales Terms and Conditions.

3. Payment

Payment for the product(s) can be completed by credit card, check, wire transfer or some other prearranged payment method. Your order is subject to cancellation by Golfzon, in Golfzon’s sole discretion. Golfzon is not responsible for pricing, typographical or other errors in any offer by Golfzon and reserves the right to cancel any orders arising from such errors.

4. Shipping Charges; Taxes; Title; Risk of Loss

Shipping, handling and taxes are subject to additional fees unless indicated otherwise at the time of sale. Ownership of the product(s) shall remain with Golfzon and shall not pass to customer until the payment has been made in full and fully received by Golfzon. Risk including that of damage and/or loss of the product(s) shall pass to the customer upon delivery to a carrier used by the customer, or on delivery to the customer if Golfzon designated the carrier. Customer is responsible for sales tax, transaction fees and other costs associated with the order, unless a valid and correct tax exemption certificate is provided in regards to the tax. Shipping and delivery dates are estimates only and do not bind Golfzon in any way.

Customer indemnifies and holds harmless Golfzon and its officers, members, managers, employees, shareholders, agents, contractors, sub-licensees, affiliates, subsidiaries, successors and assigns from and against any and all damages, liabilities, costs, expenses, claims and/or judgments, including without limitation, attorneys’ fees, disbursements and loss of income that may be incurred due to purchase and operation of any Golfzon product.

5. Warranty; Software; Support

Golfzon Warranties, Software and Support terms and condition can be found online here or in the documentation provided with the purchase of a Golfzon product(s).

6. Return Policy

Golfzon hardware may be returned for refund within 14 days of the date of receipt, less shipping and any applicable restocking fees. Product(s) must be returned to Golfzon in the same condition as it was received and with all of its original packaging (Including boxes, bags, accessories, etc.). Customer assumes risk of loss, and is responsible for shipping and handling fees for returning/exchanging a product. For any refund, Golfzon can charge a restocking fee of 10% of the purchase price paid for Golfzon WAVE product(s) plus any applicable sales tax; Unless otherwise prohibited by law.

*Please note: A 3% credit card transaction fee will apply to any refund where a restocking fee does not apply. Due to shut downs as a result of COVID-19, processing of return requests may take longer than normal. For purchases of third-party simulation software such as E6 Connect available for WAVE, Golfzon is not obligated to provide refunds or customer support. The sale of all software products of GOLFZON that can be used in WAVE products is final, and once sold, products are non-refundable.

8. Notice

Golfzon may revise these terms at any time without notice. By placing an order, you agree to be bound by the latest version of these Sales Terms and Conditions.

Warranty Policy

1. Free repair or replacement of refurbished product

If you are not satisfied with your WAVE due to a defect within the first twelve (12) months from the date of delivery, the WAVE may be returned for replacement with a refurbished device or repair, and Golfzon reserves the right in its sole discretion to either repair or replace the unit with a refurbished one. WAVE's return procedure can be guided through the place of purchase or the contact information posted on this Site.

2. Warranty inspection

Upon receipt of the returned unit, Golfzon will inspect the unit. If these inspections reveal that any of the warranty exclusions provided below apply, the warranty will be void and you will be charged a repair or purchase price for the refurbished product. Once you are notified that the warranty is not applicable and you agree to pay the amount and payment is complete, we will ship the repaired product or refurbished product of the returned device to you.

3. Warranty Exclusions

This Limited Warranty does not cover the following issues:
a. Damage or failure due to physical damage caused by drops or strikes, abuse, improper or abnormal use, improper maintenance, neglect, errors and omissions by anyone other than Golfzon, theft, fire, flood, or any act of God of any kind;
b. Damage due to non-Golfzon repairs or use of non-Golfzon approved accessories, including, but not limited to chargers or cables;
c. Damage due to unauthorized alterations or modifications;
d. Damage caused by liquid and/or liquid ingress, which may or may not be due to operating in a wet environment without a rubber Adapter Power Cover in place, or immersion or exposure to other liquids and chemicals;
e. Damage or failure due to normal wear and tear consistent with regular use, including, but not limited to, worn cables; or
f. Damage or failure due to power failures, power fluctuations, insufficient and inadequate heating, or electric shocks.
g. Usage that is not in accordance with product instructions or Failure to follow the product instructions or failure to perform preventative maintenance.

4. General Terms

These Sales Terms and Conditions will be governed by the laws of the Republic of Korea, without regard to conflicts of laws rules. Any disputes between you and Golfzon related to this purchase shall be determined by arbitration in the Korean Commercial Arbitration Board (KCAB).
This Limited Warranty is the exclusive warranty given by Golfzon for this device and supersedes any prior, contrary, or additional representations. All other warranties, express or implied, including any statutory warranty or condition of merchantability or fitness for a particular purpose, are disclaimed, except to the extent prohibited by law. In such event, this Limited Warranty is limited to the duration of the warranty periods set forth above. This exclusion applies even if this Limited Warranty fails of its essential purposes and regardless of whether damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory.

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THE GOLFZON PRODUCTS! PLEASE SCROLL DOWN!

If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept this agreement.

END USER LICENSE AGREEMENT

This is an agreement between you and GOLFZON (together with its affiliates "GOLFZON" or "we" or "our") and provides important information about your GOLFZON products. Please read this agreement carefully before using your WAVE & WAVE Play (hereinafter "System") or related software from GOLFZON (hereinafter "Software"). You are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return the System or Software for a refund in accordance with the applicable return policy. Use of the System or Software without accepting this agreement is strictly prohibited.

1. Software Licenses

As long as you purchase the “System” provided by GOLFZON and have the ownership, GOLFZON grants you an irrevocable, non-exclusive, royalty-free license to use the Software in your place of purchase and right to install and use the Software; to permit your affiliates and franchisees to install and use the Software; and to permit your Customers, and your affiliates' or franchisees' respective customers to use the Software on the terms of this EULA. Your Permanent License is not limited as to location (except as may be prevented by law), length of time, commercial or personal use, or amount of use. These rights may no longer be guaranteed if Golfzon no longer supports the System or if you transfer the ownership of the System to another person or corporation.
You may only use the Software, content, and data that came with your System or that is compatible with and authorized for use on your System, including any updates or replacement to that software, content, or data that we or our authorized providers make available to you subject to the terms of this Section. The Software is licensed, not sold, to you solely for your use. You may not publish, copy, modify, reverse engineer, decompile, or disassemble any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of your System, unless otherwise permitted by law.
The System and Software, and any services available using the System are constantly evolving, and we may update or change your System or Software, in whole or in part, without notice to you. Such updates or changes may be required for you to play new games, enjoy new features, or continue to access services. After your System or Software is updated or changed, any existing or future unauthorized modification of the hardware or software of your System, or the use of an unauthorized device in connection with your System, will render the system permanently unusable. Content obtained through the unauthorized modification of the hardware or software of your System will be removed. You agree not to use your System in an unlawful manner or to access the Systems, devices, accounts, Software or data of others (including GOLFZON) without their (or our) consent.

2. Use of Information.

We may collect, use and disclose personal information that (a) you provide to us; (b) we collect automatically; and (c) we receive from other sources. Please refer to GOLFZON's Privacy Policy, located at www.golfzonwave.com, for information on how we collect, use and disclose information from our users. The GOLFZON Privacy Policy applies to all of our products, services and websites. We recommend that you review GOLFZON's Privacy Policy before each use of a GOLFZON product, service or website to help you stay informed of our privacy practices.

3. Reservation of Rights.

Neither the sale, transfer, license, nor the use of your System or Software transfers any title or ownership of any of our intellectual property rights. We reserve all rights that we have not expressly granted in this agreement.

4. Termination.

Your rights under this agreement will immediately terminate if you do not comply with any term of this agreement. At the time of any termination of this agreement, you will immediately cease all use of the System or Software. Our failure to insist upon or enforce your strict compliance with this agreement will not constitute a waiver of any of our rights.

5. Disclaimer of Warranties and Limitation of Liability.

USE OF YOUR SYSTEM OR SOFTWARE IS AT YOUR SOLE RISK. GOLFZON IS NOT RESPONSIBLE FOR ANY NON-GOLFZON SITES, SERVICES, APPLICATIONS, CONTENT, DATA, MESSAGES, OR OTHER ITEMS THAT YOU ACCESS, USE, OR SHARE VIA YOUR SYSTEM OR SOFTWARE. EXCEPT FOR ANY LIMITED WARRANTY THAT APPLIES TO YOUR SYSTEM OR SOFTWARE,NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOLFZON OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SYSTEM OR SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND GOLFZON DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SYSTEM OR SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLFZON WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SYSTEM OR SOFTWARE, EVEN IF GOLFZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GOLFZON'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SYSTEM OR SOFTWARE IS LIMITED TO THE DEPRECIATED VALUE OF THE PRODUCTS YOU PURCHASED AND PAID FOR IN FULL, OR $5,000, WHICHEVER IS LESS. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.

A. Our consumer services department is available to address any concerns you may have regarding your System or Software. You may contact us at https://www.golfzonwave.com/wave/user/contact. Most matters are quickly resolved in this manner to our customer's satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this Agreement, including its formation, enforceability, performance, or breach (each, a "Claim"), with the exception of the matters described in section 6(c) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that in arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 6 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate.
B. You and GOLFZON agree to the exclusive jurisdiction of the state and federal courts in Virginia State in the United States to confirm and enforce any arbitration award.
C. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and GOLFZON are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your GOLFZON account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by these Agreements, and as administered by the AAA. You and GOLFZON agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
D. YOU AND GOLFZON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
E. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by GOLFZON.

7. Enforcement.

If any part of this agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties. All other parts of the agreement will remain in effect unless otherwise provided in this agreement. If Section 6 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the Seoul Central District Court in the Republic of Korea.