PGA PLAY – TERMS AND CONDITIONS OF USE

  1. DEFINITIONS
    In these Terms and Conditions:
    (a) “AI System” means any artificial intelligence, machine learning, large language model, foundation model, generative AI system, retrieval augmented generation system, vector database, embedding model, recommendation engine, analytics model or similar technology.
    (b) “Automated Means” means any bot, spider, crawler, scraper, robot, script, software agent or automated process.
    (c) “Commercial Purpose” includes marketing, lead generation, recruitment, competitive intelligence, market analysis, product development, AI development and operation of commercial services.
    (d) “Directory Data” means all information relating to PGA Professionals available through PGA Play including names, biographies, qualifications, contact details, services, pricing information, images, metadata and related content.
    (e) “PGA Play” means this website and its content and any external content accessible through it.
    (f) “Terms and Conditions” means these terms and conditions.
    (g) “User” and “Users” means any person or other entity using PGA Play.
  2. PURPOSE
    PGA Play exists solely to enable genuine Users to identify and contact PGA Professionals regarding golf-related services.

  3. LICENCE 
    3.1 Subject to these Terms and Conditions, The PGA grants to the User a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence.
    3.2 No proprietary rights are transferred.

  4. PERMITTED USE
    A User may use PGA Play only for genuine golf-related enquiries.

  5. PROHIBITED CONDUCT
    Users must not:
    (a) submit false enquiries;
    (b) market products or services;
    (c) generate leads;
    (d) verify or compile contact information;
    (e) impersonate others; or
    (f) interfere with the operation or security of PGA Play.

  6. NO IMPLIED CONSENT TO AUTOMATED ACCESS
    The public availability of PGA Play shall not constitute consent for scraping, crawling, harvesting, indexing, text and data mining or automated access. Failure by The PGA to implement or enforce technical restrictions shall not constitute permission.

  7. AUTOMATED ACCESS, SCRAPING AND DATA EXTRACTION
    Users must not:
    (a) scrape, crawl, spider, harvest, mine, index, copy, extract or aggregate data;
    (b) access PGA Play using Automated Means;
    (c) reproduce substantial parts of PGA Play; or
    (d) create directories, databases or derivative collections.

  8. ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING
    Without prior written consent Users must not:
    (a) use Directory Data to train, develop, validate, benchmark, fine-tune or improve any AI System;
    (b) create embeddings, vector databases, synthetic datasets or knowledge graphs;
    (c) use data for text and data mining;
    (d) use data for model evaluation or retrieval systems; or
    (e) permit affiliates, contractors, service providers or AI vendors to do any such acts.

  9. PROFESSIONAL INFORMATION
    Directory Data is made available solely to facilitate genuine enquiries and shall not be reused, sold, licensed, profiled, commercialised or exploited.

  10. COMPETITOR, RECRUITMENT AND COMMERCIAL INTELLIGENCE RESTRICTIONS
    Users must not use PGA Play:
    (a) for developing competing products or services;
    (b) to analyse pricing, service offerings, qualifications, locations or business activities;
    (c) to conduct recruitment, headhunting or talent acquisition;
    (d) to undertake competitor intelligence or market mapping; or
    (e) to support directories, marketplaces, comparison services or lead generation platforms.

  11. DATABASE RIGHTS AND INTELLECTUAL PROPERTY
    11.1 The PGA owns or controls copyright, database rights and other intellectual property rights arising under UK law, including rights protected under the Copyright and Rights in Databases Regulations 1997.
    11.2 Users must not:
    (a) extract or re-utilise all or a substantial part of the database;
    (b) repeatedly extract insubstantial parts; or
    (c) conduct activities conflicting with normal exploitation of the database or prejudicing the legitimate interests of The PGA.
    11.3 References to extraction, re-utilisation and substantial part shall have the meanings recognised under applicable database-rights law.

  12. CIRCUMVENTION 
    Users must not:
    (a) bypass protections;
    (b) manipulate searches;
    (c) disguise request origins;
    (d) use rotating IPs or proxy networks; or
    (e) avoid detection mechanisms.

  13. ENQUIRY FACILITY
    Bulk, repeated, systematic or automated enquiries are prohibited.

  14. MONITORING, AUDIT AND COMPLIANCE
    14.1 The PGA may monitor use.
    14.2 Where a breach is suspected, The PGA may require:
    (a) compliance information;
    (b) deletion certifications;
    (c) identification of datasets, databases and AI systems;
    (d) information regarding onward disclosure; and
    (e) certification by a director or authorised representative.

  15. EVIDENTIAL PROVISIONS
    Logs, IP records, enquiry records, monitoring records and system-generated records maintained by The PGA shall, in the absence of manifest error, constitute prima facie evidence of the matters to which they relate.

  16. DELETION AND REMEDIATION
    Where The PGA reasonably believes that these Terms and Conditions have been breached, it may require a User to comply with the following obligations immediately upon written request:
    (a) cease use of PGA Play;
    (b) delete copies and backups;
    (c) delete datasets, vector databases and derivative works;
    (d) delete AI training inputs and outputs; and
    (e) certify compliance in writing.

  17. ENFORCEMENT AND REMEDIES
    The PGA may suspend access, block IP addresses, require delivery up or destruction of data, seek injunctions, specific performance, damages, costs and equitable remedies.

  18. INDEMNITY 
    Users shall indemnify The PGA against losses, liabilities, claims, damages, costs and expenses arising from breach.

  19. LIMITATION OF LIABILITY
    Nothing excludes liability which cannot lawfully be excluded. Subject thereto, The PGA provides PGA Play on an as-is basis.

  20. OVERSEAS OPERATORS AND DATA BROKERS
    These Terms and Conditions apply irrespective of location of Users, servers, AI Systems or processing activities and apply to data brokers, AI operators and similar entities.

  21. RESERVATION OF RIGHTS
    All rights not expressly granted are reserved to The PGA.

  22. NO WAIVER
    Failure by The PGA to enforce any right shall not constitute a waiver by The PGA.

  23. SEVERANCE
    Any provision held by a court of competent jurisdiction to be invalid, illegal or unenforceable shall be severed without affecting remaining provisions of these Terms and Conditions.

  24. NOTICES
    Formal notices shall be sent to addresses specified by The PGA from time to time.

  25. PRIVACY
    Use is subject to the Privacy Policy and Cookie Policy of PGA Play.

  26. ASSIGNMENT
    The PGA may assign, transfer or novate its rights. Users may not do so without the prior written consent of The PGA.

  27. ENTIRE AGREEMENT
    These Terms and Conditions, the Privacy Policy and Cookie Policy constitute the entire agreement between The PGA and the User.

  28. GOVERNING LAW AND JURISDICTION
    These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms.