PREMIER GOLF WAIVER AND PDPA
Premier Golf WAIVER
ASSUMPTION OF LIABILITY AND WAIVER TERMS
Premier Golf Pte Ltd (“Premier Golf”) with its affiliates including but not limited to PeopleUp Pte. Ltd (“PeopleUp”), makes available sporting and recreational services and facilities to you and minors in your charge subject to the terms set out below (“Terms”). The services and facilities provided include, but are not limited to indoor golf and other sporting and recreational activities (“Services and Facilities”) at the Premier Golf facility in Singapore (“The Facility”) and other service locations. Further details related to the Services and Facilities available may be found on our website at www.premier golf.com.sg.
Assumption of risks
You understand and agree that use of the Services and Facilities are inherently risky and hazardous, and may result injury or death including cuts and bruises, falls, broken bones, strains, sprains, whiplash, bruises, abrasions, concussions, heart attack, heat exhaustion and permanent disability (“Risks”). Premier Golf and its affiliates has taken all reasonable measures to ensure the proper construction and maintenance of its facilities and taken all reasonable precautions in providing its services, however, these Risks cannot be eliminated without jeopardising the essential qualities of the Services and Facilities provided.
You knowingly and voluntarily accept and assume any and all Risks that may be suffered by you or minors in your charge from the use of the Services and Facilities at the facility or any other location where such services or facilities are provided by Premier Golf and its affiliates.
Proper Use of Services and Facilities
You understand and agree that all Services and Facilities provided must be utilised in a responsible manner, in accordance with all signage as well as the directions and instructions of Premier Golf or its affiliates and its staff, and with proper accord to your safety, the safety of minors in your charge and the safety of others (“Proper Use”).
You are responsible for the proper care of your belongings and that of minors in your charge. Items such as phones and cameras may get damaged if they are used whilst participating any activities, and Premier Golf and its affiliates shall not be liable for any loss or damage to any property (howsoever caused) while using the Services and Facilities.
Proper Health and Condition
You understand and agree that the use of Services and Facilities provided by Premier Golf requires the user to be in a good physical condition and free from medical conditions that may prevent or affect the safe and reasonable use of the Services and Facilities (“Proper Health and Condition”).
The Services and Facilities shall not be utilised by anyone not in Proper Health and Condition. Premier Golf staff shall be notified in the event that there is reasonable belief that anyone at or arriving at the facility or any location where its services are rendered, may not be in Proper Health and Condition.
Please seek medical advice if you are unsure if you are in Proper Health and Condition for the use of the Services and Facilities provided by Premier Golf or its affiliates. Notwithstanding the generality of the above, pregnant women, customers with certain pre-existing health issues or persons in casts may be permitted to enter the facility but are not permitted to use the Services and Facilities.
You agree to pay the cost of and authorise Premier Golf and its affiliates to take all steps it considers reasonably necessary to protect your welfare and the welfare of minors in your company in the event of personal injury, including the administration of any emergency medical treatment and ambulance transportation.
Duty to care and supervise
The use of our Services and Facilities come with attendant Risks and anyone who uses the Services and Facilities (including minors) should be in Proper Health and Condition and only make Proper Use of the Services and Facilities. Furthermore, your actions, and the actions of minors at the facility can cause damage and injury to others at the facility or any location where services are provided.
Minors remain under the care and supervision of their parent or legal guardian, or a duly authorised agent of the parent or legal guardian while using the Services and Facilities in the facility or any other location where such Services are provided.
You may be accompanied by minors at the facility or other locations where our services are being provided. You represent and warrant that you are the parent or legal guardian of the minors in your company or duly authorised by the parent or legal guardian and assume the duty and obligations of the parent or legal guardian over the minors in your company.
Minors may be allowed to enter the facility or other locations where such services are being provided without adult supervision if their parent or legal guardian gives written consent. Premier Golf does not assume responsibility for the care and supervision of unaccompanied minors in the facility or other locations where our services are provided, who shall remain the responsibility of the parent or legal guardian.
Notwithstanding the generality of the above, any child 12 years and below must be accompanied and supervised by a responsible adult aged 21 or above at all times.
You (as “Indemnifying Party”) shall indemnify, hold harmless, and defend Premier Golf and its officers, directors, employees, agents, affiliates, successors, subsidiaries and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims (including any claim brought by or on behalf of a minor in your charge against Premier Golf), actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to (i) breach or non-fulfilment of any obligations by you or any minors in your charge of these terms; (ii) any negligent or more culpable act or omission (including any reckless or willful misconduct) by you or any minors in your charge including but not limited to any breach of your duty to care and supervision of minors; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of you or any minors in your charge (including any reckless or willful misconduct); (iv) any failure by you or any minors in your charge to comply with any applicable laws, regulations, or codes in the use of Services and Facilities; or (v) unaccompanied minors at the facility or any other locations where our services are provided, where you have consented to their unaccompanied use of the Services and Facilities.
Waiver of Claims
To the fullest extent permitted by law, you hereby expressly agree to waive, relinquish, discharge, release and covenant not to sue Premier Golf, its members, officers, directors, employees, advisors, agents, insurers and attorneys (collectively, the “Released Parties”) from any and all claims, demands, causes of action, judgments, rights, fees, damages, debts, obligations, expenses (including fees of legal representative(s)), losses and liabilities of any kind whatsoever, whether known or unknown, whether based in strict liability, negligence or otherwise (collectively, the “Claims”) that you may have against the Released Parties arising out of, or in any way related to your use of the Services and Facilities, save and except where such Claims are proven to be directly due to the negligence of Premier Golf.
To the fullest extent permitted by law, you hereby expressly agree on behalf of any and all minors in your charge to waive, relinquish, discharge, release and covenant not to sue the Released Parties from any and all Claims they may have against the Released Parties arising out of, or in any way related to their use of the Services and Facilities, save and except where such Claims are directly due to the negligence of Premier Golf.
All Services and Facilities at the facility or other locations where our services are provided, are provided to you on the condition that you agree to and comply with these terms. If you fail to do so, Premier Golf and its affiliates may suspend or cancel your access to recreational activities in its absolute discretion.
You represent and warrant that you are at least 18 years old, and have the full power, capacity and authority to enter into these Terms on your own behalf, and if applicable, on behalf of any minors in your charge as their parent, legal guardian or other duly authorized agent.
If any portion of these Terms are found to be void or unenforceable by Singapore law, the remaining portion shall remain in full force and effect.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Singapore. Each party irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms including its subject matter or formation.
For online bookings (website and in person) :
I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OLD.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF MYSELF AND MINORS WHO MAY BE IN MY CHARGE.
– Enter parents/guardian details
– Enter details of associated minors
For parental consent (waiver bar – unaccompanied minors):
I ACKNOWLEDGE THAT I AM THE PARENT OR LEGAL GUARDIAN OF [THIS/THESE MINOR(S)].
I UNDERSTAND THAT PREMIER GOLF PTE LTD AND ITS SUBSIDIARIES DOES NOT ASSUME RESPONSIBILITY FOR THE CARE AND SUPERVISION OF UNACCOMPANIED MINORS IN THE FACILITY OR OTHER SERVICE LOCATIONS/FACILITIES, AND I AS PARENT OR LEGAL GUARDIAN REMAIN FULLY RESPONSIBLE.
I HAVE READ AND UNDERSTOOD THESE TERMS AND, ON BEHALF OF MYSELF AND [THIS MINOR], I AGREE TO THESE TERMS AND CONSENT TO [THIS/THESE MINOR(S)] ENTERING THE FACILITY OR OTHER SERVICE LOCATIONS/FACILITIES AND USING THE SERVICES AND FACILITIES WITHOUT MY SUPERVISION.
DATA PROTECTION NOTICE
This Data Protection Notice (“Notice”) sets out the basis which Premier Golf Pte Ltd, its associated persons/organisations (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
- As used in this Notice: “customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
- Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, identification numbers such as nric, fin, work permit and birth certificate, email address, telephone number and date of birth.
- Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
- We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
- We may collect and use your personal data for any or all of the following purposes:
- performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
- verifying your identity;
- responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
- managing your relationship with us;
- processing payment or credit transactions;
- complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
- any other purposes for which you have provided the information;
- transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
- purposes of conducting consumer, marketing related or other similar research and analysis and to provide marketing and promotional information relating to existing or future products and/or services
- any other incidental business purposes related to or in connection with the above.
- We may disclose your personal data:
- where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you; or
- to third party service providers, agents and other organisations we have engaged to perform any of the functions with reference to the above mentioned purposes.
- The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
WITHDRAWING YOUR CONSENT
- The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
- Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within fourteen (14) business days of receiving it.
- Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
- Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
ACCESS TO AND CORRECTION OF PERSONAL DATA
- If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
- Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
- We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) business days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
PROTECTION OF PERSONAL DATA
- To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
- You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
ACCURACY OF PERSONAL DATA
- We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
RETENTION OF PERSONAL DATA
- We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
- We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE
- We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
DATA PROTECTION OFFICER
- You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
Name of DPO : Shelly Koh Contact No. : 90476260 Email Address : email@example.com
EFFECT OF NOTICE AND CHANGES TO NOTICE
- This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
- We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
Effective date : 18/06/2022 Last updated : 18/06/2022