If you are a Player 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 provided solely as a conduit for payments between Players and Caddy’s. Payments are disbursed to Caddy’s by No Ka ’Oi Caddies and only with funds provided by Players. No Ka ’Oi Caddies exercises no management or oversight functions in connection with the Online Payment Service.
2. BOOKING AND PAYMENT AUTHORIZATION.
When a Player books a Caddy, the Player must use the Online Payment Service, Once the booking is confirmed and Player authorizes No Ka ’Oi Caddies to charge the Player's payment card for the amount of the booking. additional gratuity (if any) Player subsequently directs to be paid to the Caddy, and the Online Payment Fee (see Section 3 below), upon completion of the scheduled booking. If a disagreement is timely raised in accordance with these Terms and Conditions, No Ka ’Oi Caddies will not process any payments through the Online Payment Service that are in dispute until No Ka ’Oi Caddies has received written authorization or online confirmation from the Player authorizing such payment. Please see Section 14 of the Terms of Service regarding disputes.
By using the Online Payment Service, Players hereby directs and authorizes No Ka ’Oi Caddies to charge Players payment card in accordance with these Terms and Conditions. Such charges, once authorized, are final.
3. ONLINE PAYMENT SERVICE FEE.
No Ka ’Oi Caddies charges Players a fee (the “Online Payment Fee”) for use of the Online Payment Service. The Online Payment Fee is added to the authorized booking by the Player. No Ka ’Oi Caddies reserves the right to modify the Online Payment Fee at any time. Caddy gratuities are to be paid directly to caddy.
5. AGREEMENT TO PAY.
If, for any reason, No Ka ’Oi Caddies does not receive payment for any amounts that a Player has authorized to be paid through Player’s use of the Online Payment Service, Player agrees to pay such amount immediately upon demand by No Ka ’Oi Caddies. Player also agrees to pay any interest charges, attorneys’ fees and other costs of collection incurred by No Ka ’Oi Caddies in collecting the authorized but unpaid amounts. However, nothing in this paragraph imposes any obligation on No Ka ’Oi Caddies to pursue collection of such amounts.
6. DISCLAIMER OF WARRANTIES AND RELEASE.
In addition to (and without limiting in any way) the Disclaimer of Warranty and Limitations of Liability described in Terms of Service, No Ka ’Oi Caddies expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise with respect to the Online Payment Service. No Ka ’Oi Caddies 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 NO KA ’Oi CADDIES 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.
7. TERMINATION OR MODIFICATION OF PAYMENT SERVICE.
No Ka ‘Oi Caddies reserves the right to modify, suspend or terminate the Online Payment Service at any time, with or without prior written notice. In addition, No Ka ’Oi Caddies may, in its sole discretion, suspend or terminate the right of any individual Player to use the Online Payment Service.
8. BEHAVIOR AND CONDUCT is to conform with the socially accepted norms along with local rules and regulations of the golf course being played. Inappropriate behavior or sexual harassment of Caddy is expressly forbidden. If at any time Caddy feels behavior is threatening or predatory, Caddy reserves the right to end services at that time and Player will forfeit fee paid online.
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