Privacy at Dash3 Golf.
Learn how Dash3 collects, uses, protects and shares information across its websites, software and connected golf experiences.
Dash3 Privacy Policy
Dash3 Inc. (“DASH3”, “Dash3”, “we”, “us” or “our”) is committed to protecting personal information and maintaining appropriate privacy and security practices.
This Privacy Policy explains how DASH3 collects, uses, discloses, stores, retains and protects personal information when individuals use our websites, mobile applications, software, platforms, portals and related products and services (collectively, the “Services”).
This Privacy Policy applies to websites and digital services owned or operated by Dash3 Inc. where this Privacy Policy is posted or linked.
DASH3 operates from Canada and may provide Services to individuals and businesses in both Canada and the United States.
Depending on where you live or where our Services are provided, different privacy laws may apply. These may include the Personal Information Protection and Electronic Documents Act (“PIPEDA”), applicable Canadian provincial privacy legislation, and applicable United States federal and state privacy laws.
Our Terms & Conditions govern use of the Services. Our Cookies Policy provides additional information regarding cookies, analytics technologies, pixels and similar technologies.
This Privacy Policy describes our privacy practices. Where consent is required by applicable law, DASH3 will seek consent in a manner appropriate to the nature and sensitivity of the information and the circumstances.
1. Scope of This Privacy Policy
This Privacy Policy applies to personal information processed in connection with DASH3 Services, including functionality relating to:
• Tee time bookings
• Tee sheet management
• Golf memberships
• Tournament registration and management
• League registration and management
• Live scoring and leaderboards
• Player and team management
• Sponsorships
• Auctions and fundraising
• Event management
• Golf course GPS and mapping
• Course and hole information
• Food and beverage ordering
• Kitchen ordering and ticketing
• Beverage cart ordering
• Pro shop and retail purchases
• Point-of-sale functionality
• Staff profiles
• Staff administration
• Staff communications, announcements and task management
• Maintenance and equipment management
• Golf cart maintenance and service records
• Preventative maintenance
• Warranty and equipment records
• Transaction reporting
• Operational analytics
• Marketing tools
• QR codes and website embeds
• Customer support
• Other DASH3 features introduced from time to time
Not every feature described in this Privacy Policy is available to every User.
2. What Is Personal Information?
“Personal information” generally means information that identifies, relates to, describes or can reasonably be associated with an identifiable individual.
Depending on applicable law, this may include information such as:
• Name
• Email address
• Telephone number
• Mailing or billing address
• Online account information
• Device identifiers
• IP address
• Transaction history
• Booking history
• Membership information
• Location information
• Communications
• Photographs
• Other information associated with an identifiable individual
Some jurisdictions provide additional protections for certain categories of information considered sensitive personal information or sensitive data.
3. Information You Provide to DASH3
We may collect personal information when you:
• Create a DASH3 account
• Book a tee time
• Purchase or manage a golf membership
• Register for a tournament
• Register for a league
• Participate in an event
• Submit or update a score
• Purchase merchandise
• Place a food or beverage order
• Make a pro shop purchase
• Purchase a sponsorship
• Participate in an auction
• Contact customer support
• Communicate through staff tools
• Complete a form
• Subscribe to communications
• Participate in a survey, promotion or contest
• Submit photographs, logos or other Content
• Use maintenance or equipment-management features
• Otherwise interact with DASH3
Depending on the Services being used, this information may include the categories described below.
3.1 Contact and Identification Information
We may collect:
• Name
• Email address
• Telephone number
• Mailing address
• Billing address
• Account username or similar identifier
3.2 Account Information
We may collect information associated with creating and maintaining your account, including:
• Login information
• Account identifier
• Account preferences
• User role
• Golf Course Partner affiliation
• Account permissions
• Account activity
• Authentication and security information
Passwords are protected using security measures appropriate to the Platform and are not intended to be stored in readable plain-text form.
3.3 Golf, Tournament and League Information
We may collect:
• Tournament registrations
• League registrations
• Tee time information
• Player names
• Team assignments
• Scores
• Leaderboard information
• Handicap-related information
• Course participation
• Event history
• Cart assignments
• Registration selections
• Player preferences
• Other golf-related information
Certain scoring, leaderboard, tournament or league information may be visible to other participants or the public depending on how the applicable event is configured.
3.4 Membership Information
Where DASH3 is used to administer golf memberships, we may process:
• Membership type
• Membership status
• Membership start and renewal information
• Member privileges
• Member purchase history
• Member account balances or spending information
• Membership-related notes
• Other information necessary to administer the membership
The applicable Golf Course Partner may establish additional membership requirements.
3.5 Transaction and Commercial Information
We may collect information concerning:
• Purchases
• Registrations
• Bookings
• Sponsorships
• Membership payments
• Food and beverage orders
• Merchandise purchases
• Auction transactions
• Refunds
• Credits
• Payment status
• Transaction date and amount
• Products or services purchased
Payment card transactions are generally processed through third-party payment processors such as Stripe.
DASH3 does not generally receive or store complete credit card numbers.
We may receive limited payment-related information such as:
• Card type
• Last four digits
• Transaction identifier
• Payment status
• Billing information
• Refund information
• Dispute or chargeback information
4. Golf Course Staff and Business User Information
If you use DASH3 on behalf of a golf course, resort, facility, company, league, organizer or other organization, we may collect:
• Name
• Business email address
• Business telephone number
• Employer or organization
• Job title
• Staff role
• User permissions
• Account activity
• Assigned tasks
• Staff communications
• Operational notes
• Support communications
Golf Course Partners are responsible for ensuring that they have appropriate authority to provide staff information to DASH3.
5. Staff Messages and Communications
DASH3 may provide functionality for:
• Staff chat
• Internal announcements
• Task assignments
• Operational communications
• Notes
• Work-related messaging
Messages may be stored within the Platform.
Depending on the Partner's account structure and permissions, authorized managers, administrators or other authorized personnel may have access to certain staff communications.
Users should not use DASH3 staff communication tools for highly sensitive personal communications unrelated to the operation of the applicable organization.
6. Maintenance and Equipment Information
DASH3 may process information entered into maintenance and equipment-management tools, including:
• Equipment identification
• Golf cart information
• Service history
• Repair records
• Maintenance schedules
• Warranty information
• Inspection information
• Equipment notes
• Photographs
• Staff or technician names
• Assigned maintenance tasks
• Service dates
Most equipment information is not personal information.
However, maintenance records may become personal information where they identify a staff member, technician, contractor or other individual.
7. Information Collected Automatically
When you access DASH3, we may automatically collect information about your device and use of the Services.
This may include:
• IP address
• Browser type
• Device type
• Operating system
• Device identifiers
• Application version
• Pages or screens viewed
• Date and time of access
• Referring website
• Links or features used
• Session activity
• Login activity
• Error information
• Security logs
• Performance information
We use this information for purposes including security, troubleshooting, fraud prevention, analytics and improving the Services.
Additional information regarding cookies and tracking technologies is available in our Cookies Policy.
8. Location and GPS Information
DASH3 may process location information.
Approximate Location
We may derive approximate location information, such as city or region, from:
• IP address
• Device settings
• Network information
Precise Location
Where you enable location-based Services or grant device permission, DASH3 may process more precise GPS or device location information.
This may be used to provide features including:
• Course GPS
• Yardages
• Hole location information
• Course mapping
• Location-based ordering
• On-course functionality
• Other location-dependent features
You may be able to disable precise location access through your device settings.
Certain location-based functionality may not work correctly if location permission is disabled.
DASH3 does not intend to use precise location information to determine sensitive personal characteristics unrelated to the Services.
9. Information We Receive From Other People and Organizations
DASH3 may receive information from third parties, including:
• Golf Course Partners
• Resorts
• Facilities
• Tournament organizers
• League organizers
• Event organizers
• Employers
• Authorized administrators
• Other Users
• Payment processors
• Technology providers
• Customer support providers
• Authentication providers
• Communications providers
• Analytics providers
• Mapping providers
• Other integrated software systems
For example, a tournament organizer may add a participant to an event or a Golf Course Partner may create an account for a staff member.
Anyone providing information about another individual through DASH3 is responsible for having appropriate authority to provide that information.
10. How We Use Personal Information
DASH3 may use personal information to:
Provide the Services
Including to:
• Create and maintain accounts
• Authenticate Users
• Manage account permissions
• Process tee time bookings
• Administer memberships
• Operate tournaments
• Operate leagues
• Manage scoring and leaderboards
• Process registrations
• Manage participants
• Process sponsorships
• Operate auctions
• Process retail transactions
• Process food and beverage orders
• Provide course GPS functionality
• Provide maintenance tools
• Provide staff communication functionality
• Generate reports
• Provide customer support
Process Transactions
Including to:
• Complete purchases
• Process payments
• Issue refunds
• Manage chargebacks
• Confirm bookings
• Generate receipts
• Maintain accounting records
Communicate With You
Including:
• Booking confirmations
• Registration confirmations
• Receipts
• Membership communications
• Service notifications
• Security notices
• Event information
• Course-related communications
• Customer support responses
• Important changes affecting the Services
Protect DASH3 and Our Users
Including to:
• Detect fraud
• Prevent unauthorized access
• Monitor suspicious activity
• Maintain system security
• Investigate misuse
• Enforce our Terms & Conditions
• Protect Users, Partners and DASH3
Operate and Improve DASH3
Including to:
• Troubleshoot problems
• Analyze Platform performance
• Understand feature usage
• Improve user experience
• Develop new products
• Test new functionality
• Perform internal analytics
• Improve reliability and security
Meet Legal and Business Requirements
Including to:
• Maintain financial records
• Comply with tax obligations
• Respond to lawful requests
• Establish or defend legal claims
• Meet regulatory requirements
• Maintain corporate and business records
11. Consent and Permitted Processing in Canada
Where Canadian privacy law applies, DASH3 collects, uses and discloses personal information for identified and appropriate purposes.
Where consent is required, the form of consent may vary depending on:
• The sensitivity of the information
• The reasonable expectations of the individual
• The nature of the transaction
• The purpose for which information is being used
Consent may be express or implied where permitted by applicable law.
DASH3 may also collect, use or disclose personal information without consent where permitted or required by applicable law.
Individuals may withdraw consent to certain uses of personal information, subject to:
• Legal restrictions
• Contractual requirements
• Reasonable notice
• Information DASH3 is required or permitted to retain
Withdrawing consent may make certain DASH3 Services unavailable.
12. U.S. Privacy Practices
Where United States law applies, DASH3 processes personal information for purposes including:
• Providing requested products and Services
• Completing Transactions
• Maintaining accounts
• Protecting security
• Preventing fraud
• Providing customer support
• Fulfilling legal obligations
• Conducting internal operations
• Improving the Platform
• Providing marketing where legally permitted
Where applicable U.S. law requires consent for the processing of certain sensitive information, DASH3 will obtain the required consent.
Specific rights available to residents of certain U.S. states are described later in this Privacy Policy.
13. DASH3's Role and Golf Course Partner Data
The legal role of DASH3 may vary depending on the context.
In some situations, DASH3 determines why and how personal information is processed, including information used for:
• DASH3 account administration
• Platform security
• Customer support
• Fraud prevention
• DASH3 billing
• Platform development
In other situations, DASH3 processes information on behalf of a Golf Course Partner or other business customer and in accordance with its instructions.
Depending on the applicable privacy law, these relationships may be described using terms such as:
• Business
• Controller
• Service provider
• Contractor
• Processor
Golf Course Partners may separately collect, use and disclose personal information for their own purposes.
Their handling of personal information may be governed by:
• Their own privacy policies
• Their own terms
• Their legal obligations
Questions about a Golf Course Partner's independent privacy practices should generally be directed to that Partner.
14. How We Disclose Personal Information
DASH3 does not sell or rent personal information as a traditional data-broker business.
We may disclose personal information as described below.
14.1 Golf Courses, Resorts and Organizers
Where necessary to provide the Services, information may be disclosed to the applicable:
• Golf course
• Resort
• Facility
• Tournament organizer
• League organizer
• Event organizer
• Merchant
• Sponsor administrator
For example, a golf course may need access to your information to complete a tee time booking or administer a membership.
14.2 Service Providers
DASH3 uses third-party companies to help operate our business.
These may include providers of:
• Cloud infrastructure
• Payment processing
• Email delivery
• SMS or communication services
• Customer support
• Security
• Analytics
• Mapping
• Software development
• Data storage
• Authentication
• Business administration
These providers may receive information only as reasonably necessary to perform services for DASH3 or as otherwise permitted by law and contract.
14.3 Payment Processors
Payment information may be transmitted directly to payment processors such as Stripe.
Payment processors may independently process personal information according to their own terms, privacy policies and legal obligations.
14.4 Integrations Requested by Partners
A Golf Course Partner may choose to integrate DASH3 with other software or technology providers.
Where an authorized Partner enables an integration, information may be transmitted to or received from that provider as necessary to operate the integration.
14.5 Legal and Security Disclosures
We may disclose information where we reasonably believe disclosure is necessary to:
• Comply with law
• Respond to a subpoena, court order or lawful government request
• Investigate fraud
• Prevent security incidents
• Protect the safety of Users
• Protect DASH3's rights
• Enforce agreements
• Establish, exercise or defend legal claims
14.6 Corporate Transactions
If DASH3 is involved in:
• A merger
• Acquisition
• Financing
• Corporate restructuring
• Sale of assets
• Sale of the company
• Due diligence relating to such a transaction
personal information may be disclosed or transferred as permitted by applicable law and subject to appropriate confidentiality protections.
15. Selling, Sharing and Targeted Advertising
DASH3 does not operate as a data broker and does not sell personal information as part of its ordinary business model.
Certain U.S. privacy laws define terms such as “sale,” “sharing,” and “targeted advertising” more broadly than an ordinary sale for money.
DASH3 may use analytics, cookies or similar technologies as described in our Cookies Policy.
Where a disclosure or use of personal information is considered a “sale,” “sharing,” or use for “targeted advertising” under an applicable law, DASH3 will provide legally required notices and opt-out mechanisms.
Where required by applicable law, DASH3 will also recognize qualifying browser-based privacy preference signals, such as the Global Privacy Control, where technically applicable.
DASH3 does not knowingly sell personal information belonging to children.
16. Marketing Communications
DASH3 may send promotional communications where permitted by applicable law.
Marketing communications are separate from essential service communications.
Where required, DASH3 will obtain appropriate consent before sending marketing communications.
Marketing emails will provide an unsubscribe method where required.
You may also contact DASH3 to update your marketing preferences.
Opting out of marketing communications does not prevent DASH3 from sending necessary communications such as:
• Transaction confirmations
• Receipts
• Booking information
• Security alerts
• Account notices
• Legal notices
• Customer service messages
Email, SMS and other commercial electronic communications will be handled in accordance with applicable Canadian and U.S. laws.
17. Cookies, Analytics and Tracking Technologies
DASH3 may use:
• Cookies
• Pixels
• Local storage
• Software development kits
• Analytics technologies
• Similar technologies
These technologies may be used to:
• Keep Users signed in
• Remember preferences
• Protect account security
• Understand Platform usage
• Measure performance
• Diagnose technical problems
• Improve the Services
• Measure marketing effectiveness where permitted
Additional details are provided in our Cookies Policy.
Where applicable law requires consent for non-essential cookies or tracking technologies, DASH3 will provide an appropriate consent mechanism.
18. Aggregated and De-Identified Information
DASH3 may create information that has been aggregated or de-identified so that it does not reasonably identify an individual.
Subject to applicable law, DASH3 may use this information for purposes including:
• Analytics
• Business intelligence
• Industry trends
• Benchmarking
• Reporting
• Product development
• Platform improvement
• Research
Where required by applicable law, DASH3 will maintain de-identified information in de-identified form and will not attempt to re-identify it except as legally permitted.
19. Automated Systems and Analytics
DASH3 may use automated systems to assist with functions such as:
• Fraud detection
• Security monitoring
• Platform analytics
• Reporting
• Operational recommendations
• System performance
DASH3 does not intend to use automated systems to make decisions producing legal or similarly significant effects concerning individuals without providing notices, consent or rights required by applicable law.
If DASH3 introduces automated decision-making functionality subject to specific privacy-law requirements, additional notices or controls may be provided.
20. International and Cross-Border Processing
DASH3 is a Canadian company but provides Services in Canada and the United States.
Personal information may be stored, accessed or processed in:
• Canada
• The United States
• Other jurisdictions in which DASH3's service providers operate
Even where core DASH3 systems or infrastructure are located in Canada, certain third-party providers may process limited information in another country.
For example, payment processors, communications providers, customer support providers or analytics providers may operate internationally.
When personal information is processed outside your province, state or country, it may be subject to the laws of that jurisdiction and may be accessible to courts, law enforcement or government authorities under applicable law.
DASH3 uses contractual, technical and organizational measures appropriate to the nature of the information and the service provider relationship.
DASH3 remains responsible for personal information under its control as required by applicable privacy law.
21. How Long We Retain Information
DASH3 retains personal information only for as long as reasonably necessary for the purposes for which it was collected or as otherwise permitted or required by law.
Retention periods may vary depending on the type of information.
Factors considered include:
• How long an account remains active
• The duration of a Golf Course Partner relationship
• The nature of the information
• Whether information relates to a Transaction
• Tax and accounting requirements
• Fraud-prevention requirements
• Legal limitation periods
• Security requirements
• Contractual requirements
• Dispute-resolution requirements
For example:
Account information may generally be retained while an account is active and for a reasonable period afterward.
Transaction and payment records may be retained for accounting, tax, chargeback and legal requirements.
Security logs may be retained for a period appropriate to fraud prevention and cybersecurity.
Golf Course Partner records may be retained in accordance with the applicable Partner agreement and legal requirements.
Backups may retain residual copies for a limited period until overwritten or securely deleted through normal backup cycles.
DASH3 does not intend to retain personal information indefinitely where it is no longer reasonably required.
22. Account Deletion
You may request deletion of your DASH3 account.
Account deletion does not necessarily result in immediate deletion of every record associated with you.
Where appropriate, DASH3 will delete, anonymize or restrict applicable personal information, subject to information that must or may reasonably be retained for:
• Legal obligations
• Financial records
• Tax records
• Fraud prevention
• Security
• Chargebacks
• Dispute resolution
• Contractual obligations
• Transaction history
• Golf Course Partner record requirements
• Enforcement of legal rights
Information may also remain temporarily within secure backups.
Deleting an account may prevent you from:
• Accessing previous registrations
• Managing bookings
• Accessing memberships
• Participating in events
• Using other DASH3 Services
23. Your Privacy Rights in Canada
Subject to applicable Canadian privacy law, you may have the right to:
• Request access to personal information DASH3 holds about you
• Request correction of inaccurate or incomplete information
• Ask how your information has been used
• Ask to whom information has been disclosed
• Withdraw consent where legally permitted
• Challenge DASH3's compliance with applicable privacy obligations
• Submit a privacy complaint
Certain exceptions may apply.
For example, DASH3 may be legally unable to disclose information that would reveal another person's personal information or privileged information.
DASH3 may take reasonable steps to verify your identity before fulfilling a privacy request.
24. U.S. State Privacy Rights
Residents of certain U.S. states may have additional privacy rights where applicable state privacy legislation applies to DASH3.
Depending on your state and applicable law, these rights may include:
• The right to confirm whether DASH3 processes your personal information
• The right to access personal information
• The right to obtain a copy of personal information
• The right to correct inaccurate personal information
• The right to request deletion
• The right to data portability
• The right to opt out of the sale of personal information
• The right to opt out of sharing for cross-context behavioral advertising
• The right to opt out of targeted advertising
• The right to limit certain uses of sensitive personal information
• The right to withdraw consent for certain sensitive-data processing
• The right to opt out of certain qualifying automated decision-making
• The right to appeal the denial of a privacy request where applicable
• The right not to receive unlawful discriminatory treatment for exercising a privacy right
These rights are not identical in every state and may be subject to exceptions.
A state privacy law may also apply only if DASH3 meets particular statutory requirements or thresholds.
25. California Privacy Rights
If DASH3 is subject to the California Consumer Privacy Act, as amended (“CCPA”), California residents may have rights including:
• The right to know the categories of personal information collected
• The right to know the sources from which information is collected
• The right to know the purposes for collecting, using or disclosing information
• The right to know categories of third parties receiving information
• The right to request specific personal information
• The right to request deletion
• The right to request correction
• The right to opt out of sale or sharing where applicable
• The right to limit certain uses of sensitive personal information where applicable
• The right to non-discrimination for exercising CCPA rights
Categories of Personal Information
Depending on how you use DASH3, categories collected may include:
Identifiers
• Name
• Telephone number
• Address
• IP address
• Account identifier
Customer and Account Records
• Contact information
• Account information
• Membership information
Commercial Information
• Purchase history
• Booking history
• Membership transactions
• Tournament registrations
• Merchandise purchases
• Food and beverage purchases
• Sponsorships
• Auction transactions
Internet and Electronic Activity
• Browser information
• Device information
• Platform usage
• Interaction data
• Security logs
Geolocation Information
• Approximate location
• Precise device location where enabled
Professional or Employment-Related Information
• Employer or Golf Course Partner
• Job title
• Staff role
• Business account permissions
Audio, Visual or Similar Information
• Photographs
• Images
• Other media voluntarily uploaded to DASH3
Inferences
• Analytics or operational insights derived from Platform activity where applicable
Sensitive Personal Information
Depending on use of the Services, this may include account authentication information and precise geolocation when enabled.
DASH3 uses these categories for the purposes described throughout this Privacy Policy.
26. U.S. Privacy Requests and Authorized Agents
Where applicable law provides a privacy right, you may submit a request using the contact information listed at the end of this Privacy Policy.
We may request information reasonably necessary to:
• Verify your identity
• Locate your account
• Confirm your authority to make the request
• Protect another person's privacy
Where applicable law permits an authorized agent to submit a request on your behalf, DASH3 may require proof that:
• The agent is authorized to act for you
• You have verified your identity
• You have confirmed the agent's authority
DASH3 will respond within the time required by applicable law.
If DASH3 denies a request, we will provide an explanation where required.
Where applicable state law provides an appeal right, instructions for appealing the decision will be provided.
27. Children and Junior Golf Participants
DASH3 is not primarily designed as a children's online service.
However, golf courses, leagues, tournaments and events may include junior participants.
United States — Children Under 13
Where the United States Children's Online Privacy Protection Act (“COPPA”) applies and DASH3 knowingly collects personal information online directly from a child under 13, DASH3 will comply with applicable requirements regarding:
• Parental notice
• Verifiable parental consent
• Data minimization
• Parental access
• Parental deletion requests
• Security
• Retention
except where a legally permitted exception applies.
Children under 13 should not independently create an account or provide personal information directly to DASH3 where parental consent is legally required.
Information Provided by Parents or Organizers
A parent, guardian, Golf Course Partner or authorized Organizer may provide information concerning a junior participant where legally permitted.
Individuals and organizations providing children's information to DASH3 are responsible for having the authority and consent required to provide that information.
Canada
DASH3 will obtain parental or guardian consent where required by applicable Canadian privacy law based on the age, maturity, sensitivity of the information and circumstances.
Marketing and Children
DASH3 does not knowingly sell children's personal information.
DASH3 will not knowingly use personal information from children for targeted advertising in circumstances prohibited by applicable law.
28. Security Safeguards
DASH3 uses administrative, technical and organizational safeguards designed to protect personal information against:
• Unauthorized access
• Unauthorized disclosure
• Loss
• Theft
• Misuse
• Unauthorized modification
Safeguards may include, where appropriate:
• Encryption
• Access controls
• Authentication controls
• Secure infrastructure
• Logging and monitoring
• Restricted staff access
• Security procedures
• Staff confidentiality obligations
• Vendor security requirements
Security measures are selected based on factors including the sensitivity of the information and nature of the Services.
No online service or electronic storage system can guarantee absolute security.
Users are responsible for protecting their account credentials and notifying DASH3 if they suspect unauthorized account access.
29. Privacy and Security Incidents
DASH3 maintains procedures designed to identify, investigate and respond to privacy and security incidents.
If a breach of personal information occurs, DASH3 will assess:
• The information involved
• The individuals affected
• The sensitivity of the information
• The potential risk of harm
• Applicable legal notification requirements
DASH3 will notify affected individuals, regulators or other parties where required by applicable law.
DASH3 may also take steps to contain, investigate, remediate and prevent similar incidents.
30. Third-Party Websites and Services
DASH3 may contain links to third-party:
• Golf course websites
• Sponsor websites
• Payment services
• Social media platforms
• Business systems
• Other external websites
DASH3 is not responsible for the privacy practices of independent third parties.
You should review the privacy policy of a third-party service before providing personal information directly to that service.
31. Changes to This Privacy Policy
DASH3 may update this Privacy Policy periodically to reflect:
• Changes to the Platform
• New products or features
• Changes in privacy practices
• Changes in service providers
• Legal or regulatory changes
When the Privacy Policy changes, DASH3 will update the “Last Updated” date.
Where a change materially alters how DASH3 collects, uses or discloses personal information, DASH3 will provide additional notice or obtain additional consent where required by applicable law.
Previous consent will not automatically be treated as consent to a materially new use where additional consent is legally required.
32. Privacy Officer and Accountability
DASH3 has designated a Privacy Officer responsible for overseeing the company's privacy practices.
The Privacy Officer is responsible for matters including:
• Privacy inquiries
• Privacy requests
• Complaints
• Access requests
• Correction requests
• Data-deletion requests
• Privacy policies and procedures
• Privacy compliance
Questions or complaints concerning DASH3's privacy practices may be directed to the Privacy Officer.
33. Contact Us
To exercise a privacy right, ask a privacy question or make a complaint, contact:
Privacy Officer
Dash3 Inc.
Email: info@dash3golf.com
Phone: 1-888-997-0101
Business Address: 13259 HWY 7, Carleton Place, On, K7C
Please include enough information for us to understand and respond to your request.
Do not send passwords or full payment card numbers by email.
34. Additional Rights
Nothing in this Privacy Policy is intended to limit privacy rights that cannot legally be waived.
Where applicable privacy legislation provides greater protection than this Privacy Policy, the requirements of the applicable legislation will govern.
END OF PRIVACY POLICY
Dash3 Terms & Conditions
Effective Date: October 6, 2026
Version: October 6, 2026
These DASH3 Master Terms and Conditions (the “Terms”) govern access to and use of the websites, mobile applications, software, platforms, portals, point-of-sale systems, payment interfaces, administrative tools, hardware integrations and other products and services provided by DASH3 Inc. (“DASH3”, “we”, “us” or “our”), collectively referred to as the “Platform” or “Services.”
These Terms are intended to apply throughout Canada and the United States, including the Canadian provinces and territories and the U.S. states and District of Columbia, subject always to mandatory Applicable Law.
These Terms may apply to golf courses, resorts, facilities, clubs, restaurants, venues, tournament organizers, leagues, event organizers, businesses, nonprofit organizations, merchants, employees, golfers, members, participants, customers and other persons accessing or using DASH3.
By creating an account, accepting an Order Form or Service Agreement, electronically signing an agreement, clicking or checking a box indicating acceptance, making a purchase, completing a registration or booking, or otherwise accessing or using the Services, you agree to these Terms to the extent applicable to you.
If you do not agree with these Terms, you must not use the Services.
Our Privacy Policy explains how DASH3 collects, uses, discloses, retains and protects personal information and personal data. Any applicable Cookie Policy provides additional information regarding cookies and similar technologies.
Certain organizations using DASH3 enter into a separate written Service Agreement, Order Form, subscription agreement, proposal, Statement of Work, Data Processing Addendum or other commercial agreement with DASH3.
Where a specifically negotiated and signed agreement conflicts with these Terms, the applicable signed agreement will govern to the extent of that conflict as further described in the Order of Precedence below.
Nothing in these Terms waives a legal right or requirement that cannot lawfully be waived.
1. DEFINITIONS
For purposes of these Terms:
“Applicable Law” means any applicable federal, national, state, provincial, territorial, municipal, local or other law, regulation, rule, order or legally binding requirement.
“Business User” means an owner, director, officer, manager, administrator, employee, contractor, volunteer or other person authorized to use DASH3 on behalf of a Partner.
“Commercial Agreement” means a DASH3 Service Agreement, Order Form, subscription agreement, proposal, Statement of Work or other written commercial agreement entered into between DASH3 and a Partner.
“Content” means information, materials or data submitted, uploaded, created, transmitted, recorded or displayed using the Platform, including names, photographs, logos, scores, menu information, equipment records, messages, documents, event information and other materials.
“Customer Data” means business, customer, employee, golfer, member, participant, event, transaction, operational or other information submitted to or processed through DASH3 by or on behalf of a Partner.
“Data Protection Laws” means privacy, data-protection, data-security, breach-notification and related laws applicable to the processing of Personal Data, including applicable Canadian federal and provincial privacy laws and applicable United States federal and state privacy laws.
“Organizer” means a person or organization responsible for a tournament, league, event, fundraiser, competition or other activity facilitated through DASH3.
“Partner” means a golf course, resort, facility, club, restaurant, venue, league, Organizer, merchant, business, association, nonprofit organization or other organization using DASH3 in connection with its operations.
“Payment Processor” means Stripe or another independent third-party payment-service provider used in connection with the Services.
“Personal Data” means information relating to an identified or identifiable individual, personal information, personal data or similar information regulated under applicable Data Protection Laws.
“Platform Fee” means a platform, technology, transaction or other service fee charged by DASH3 in connection with a Transaction where disclosed in a Commercial Agreement or applicable Transaction flow.
“Security Incident” means a confirmed unauthorized acquisition of, access to or disclosure of Personal Data processed by DASH3 that constitutes a security breach under Applicable Law.
“Transaction” means a purchase, booking, reservation, registration, membership payment, food or beverage order, merchandise purchase, sponsorship, auction purchase, subscription or other financial transaction facilitated through the Platform.
“User” or “you” means any individual or organization accessing or using DASH3.
2. SCOPE OF THE DASH3 PLATFORM
DASH3 is a technology and operational-management platform.
The Platform may include functionality relating to:
• Tee-time booking and tee-sheet management;
• Memberships, packages, passes and member management;
• Tournament management;
• League management;
• Event management;
• Registration and check-in;
• Live scoring and leaderboards;
• Team management;
• Cart assignments and management;
• GPS and virtual-caddy functionality;
• Course mapping;
• Yardages;
• 2D and 3D hole or course renderings;
• Sponsorships;
• Auctions and fundraising;
• Food and beverage management;
• Kitchen ordering and ticketing;
• Kitchen display systems;
• Beverage-cart ordering;
• Point-of-sale systems;
• Pro Shop and retail sales;
• Inventory management;
• Online commerce;
• Staff profiles;
• Staff administration;
• Staff messaging;
• Announcements;
• Scheduling;
• Timekeeping and clock-in/clock-out tools;
• Task management;
• Maintenance management;
• Equipment management;
• Preventative-maintenance records;
• Warranty and repair information;
• Accounting-related tools;
• Reporting and analytics;
• Customer-engagement tools;
• Marketing;
• Advertising;
• Loyalty and rewards functionality;
• Marketplace functionality;
• QR codes;
• Website embeds;
• Communications;
• Payment integrations;
• Hardware integrations;
• Range management;
• Simulator and virtual-golf management; and
• Other functionality DASH3 may introduce.
Not every feature is available to every User, Partner, jurisdiction, device, plan or account.
DASH3 may improve, modify, replace, add or discontinue functionality subject to Applicable Law and applicable Commercial Agreements.
3. GEOGRAPHIC AVAILABILITY AND LOCAL LAW
DASH3 may make Services available throughout Canada, the United States and other jurisdictions selected by DASH3.
Availability, functionality, pricing and legal requirements may vary by jurisdiction.
The technical availability of a Platform feature does not represent or guarantee that a particular activity conducted using that feature is lawful in every jurisdiction.
Partners, Organizers and Users remain responsible for complying with Applicable Law applicable to their own businesses, products, services, employees and activities.
DASH3 may restrict, modify or disable functionality in a particular jurisdiction where reasonably necessary for legal, regulatory, security, technical or operational reasons.
4. MINORS AND AGE REQUIREMENTS
Certain DASH3 Services may be used in connection with junior golf, youth events and other activities involving minors.
DASH3 is not intended for unsupervised independent account use by children under 13 where such use would violate Applicable Law.
Where laws governing children's or minors' Personal Data apply, DASH3 and the applicable Partner will comply with their respective legal obligations based upon their respective roles.
A Partner operating a junior program, tournament or other activity involving minors remains responsible for obtaining parental, guardian, participant or other permissions required for the Partner's underlying activities and for information the Partner collects or provides to DASH3.
Some jurisdictions provide additional privacy protections to persons under 18. DASH3 may restrict functionality, require additional consent or implement additional safeguards where legally required.
Users may not falsify their age or another person's age to circumvent age restrictions.
5. ACCOUNTS AND ACCOUNT SECURITY
Users must provide accurate and current account information.
Users and Partners are responsible for protecting:
• Passwords;
• PINs;
• Security codes;
• Administrative credentials;
• User permissions; and
• Devices used to access DASH3.
Credentials must not be shared with unauthorized persons.
Users must promptly notify DASH3 if they reasonably suspect unauthorized access or compromise.
DASH3 may use authentication, verification, fraud-detection or security measures and may restrict access where DASH3 reasonably believes an account presents a security, fraud or legal risk.
6. BUSINESS USERS AND PERMISSIONS
Partners determine which persons receive access to their DASH3 accounts.
Partners are responsible for:
• Granting appropriate permissions;
• Reviewing permissions periodically;
• Removing access when authorization ends;
• Protecting administrator accounts;
• Supervising authorized Business Users; and
• Ensuring authorized Users comply with these Terms.
DASH3 is not responsible for an action taken by a person whom a Partner authorized to access its account except to the extent directly caused by DASH3 and where liability cannot legally be excluded.
7. ACCEPTABLE USE
DASH3 may only be used for lawful and authorized purposes.
Users must not:
• Gain unauthorized access to systems or accounts;
• Circumvent authentication or security controls;
• Disrupt or interfere with the Services;
• Upload malware or malicious code;
• Conduct unauthorized vulnerability or penetration testing;
• Scrape or extract information using unauthorized automated means;
• Impersonate another person;
• Misrepresent authorization or affiliation;
• Commit fraud;
• Manipulate Transactions;
• Harass, threaten or abuse another person;
• Upload unlawful or infringing Content;
• Violate privacy or intellectual-property rights;
• Operate unlawful gambling, gaming, raffles or contests;
• Reverse engineer DASH3 except where a restriction is prohibited by law;
• Resell or sublicense DASH3 without authorization; or
• Use DASH3 contrary to Applicable Law.
8. ROLE OF DASH3
Unless DASH3 expressly identifies itself as the seller or direct provider of a particular product or service, DASH3 is a technology provider.
Partners and Organizers are independent businesses responsible for their underlying products, services, facilities and operations.
Depending upon the activity, this includes responsibility for:
• Golf-course operations;
• Course access;
• Tee times;
• Memberships;
• Events;
• Tournaments;
• Food and beverages;
• Merchandise;
• Alcohol service;
• Refund decisions;
• Staffing;
• Customer service;
• Physical property and facilities;
• Equipment;
• Health and safety; and
• Regulatory compliance.
DASH3's facilitation of a Transaction does not make DASH3 the operator of a Partner's business.
9. COMMERCIAL AGREEMENTS
Commercial terms applicable to a Partner will be established in the applicable Commercial Agreement.
These may include:
• Licence Fees;
• Currency;
• Initial Term;
• Service Start Date;
• Platform Fees;
• Cancellation notice;
• Payment terms;
• Hardware arrangements;
• Special Agreement Terms; and
• Other negotiated terms.
No universal DASH3 licence price is established by these Master Terms.
The price or fee specified in the Partner's applicable Commercial Agreement will govern.
10. IMPLEMENTATION, ONBOARDING AND SUPPORT
DASH3 will provide reasonable implementation, onboarding and support appropriate to the Services purchased.
Partners must provide reasonable cooperation and accurate information required to configure the Services.
Unless a separate signed service-level agreement states otherwise, DASH3 does not guarantee:
• A particular response time;
• A particular repair time;
• A particular resolution time;
• 24-hour telephone support;
• 100% uptime; or
• Continuous availability of every feature.
11. BOOKINGS, TEE TIMES, RESERVATIONS AND MEMBERSHIPS
Partners determine their own:
• Pricing;
• Availability;
• Playing privileges;
• Guest policies;
• Membership rules;
• Cancellation policies;
• No-show policies;
• Facility rules;
• Cart policies; and
• Refund policies.
DASH3 is not responsible for a Partner's operational decisions concerning closures, weather, scheduling, delayed tee times, course conditions or availability.
Mandatory consumer rights remain unaffected.
12. RECURRING CONSUMER PRODUCTS AND AUTOMATIC RENEWAL
Certain memberships, subscriptions and other consumer products offered through DASH3 may involve recurring charges or automatic renewal.
Where required by Applicable Law, material recurring-payment terms must be clearly and conspicuously presented before enrollment, including:
• The product or service;
• The price or method for determining the price;
• Billing frequency;
• Renewal terms;
• Trial or promotional terms;
• Cancellation deadline;
• How to cancel; and
• Material restrictions.
Affirmative consent will be obtained where required by law.
A confirmation or acknowledgment capable of being retained by the consumer will be provided where required.
Cancellation must be provided through methods required by Applicable Law and must not be unreasonably obstructed.
Renewal reminders, trial-ending notices, price-change notices and other notices will be provided where legally required.
Where the recurring product is sold by a Partner, the Partner remains responsible for establishing lawful commercial terms and configuring its offering accurately.
DASH3 may provide technology intended to assist Partners with compliance but does not provide legal advice concerning a Partner's subscription program.
This Section concerns consumer recurring products and does not modify a Partner's separately signed B2B Commercial Agreement with DASH3.
13. TOURNAMENTS, LEAGUES AND COMPETITIONS
DASH3 may provide registration, scoring, handicapping, leaderboard, team, cart-assignment and competition-management technology.
Unless expressly agreed otherwise, DASH3 is not the:
• Tournament committee;
• Rules official;
• Scorer;
• Handicap authority;
• Competition adjudicator; or
• Prize administrator.
The applicable Partner or Organizer remains responsible for:
• Rules;
• Eligibility;
• Handicaps;
• Course rating and slope;
• Tee selection;
• Scores;
• Adjustments;
• Penalties;
• Disqualifications;
• Ties;
• Results;
• Winners; and
• Prizes.
Before declaring a final result or awarding a material prize, the Partner or Organizer must independently verify the result.
DASH3 is not responsible for a prize, purse, award or competitive outcome resulting from inaccurate, incomplete, delayed or unavailable information except to the extent directly caused by DASH3 and liability cannot legally be excluded.
14. AUCTIONS, FUNDRAISING, CONTESTS AND PROMOTIONS
DASH3 may provide technology for auctions, fundraising, sponsorships, contests, draws, promotions and prizes.
The existence of a Platform feature does not represent that a particular activity is lawful in a particular jurisdiction.
The applicable Partner or Organizer is responsible for:
• Licensing;
• Registration;
• Gaming requirements;
• Charitable requirements;
• Contest rules;
• Eligibility;
• Required disclosures;
• Taxes;
• Prize requirements; and
• Applicable regulatory obligations.
DASH3 may restrict an activity reasonably believed to create legal or regulatory risk.
15. FOOD, BEVERAGE, KITCHEN AND ALCOHOL SERVICES
DASH3 may provide technology and administrative tools relating to:
• Food ordering;
• Beverage ordering;
• Online ordering;
• POS Transactions;
• Kitchen display systems;
• Kitchen tickets;
• Order routing;
• Beverage-cart ordering;
• Menus;
• Menu modifiers;
• Pricing;
• Inventory;
• Order notifications;
• Receipts; and
• Related functionality.
Unless expressly stated otherwise in writing, DASH3 is a technology provider only and does not prepare, cook, manufacture, store, handle, package, transport, deliver or serve food or beverages.
The applicable Partner or food-service operator is responsible for its food and beverage operation.
This includes:
• Food preparation;
• Food quality;
• Freshness;
• Cooking;
• Food temperature;
• Hot and cold holding;
• Storage;
• Food handling;
• Sanitation;
• Ingredients;
• Recipes;
• Allergy information;
• Dietary information;
• Cross-contamination and allergen cross-contact;
• Menu accuracy;
• Product availability;
• Substitutions;
• Portion size;
• Order accuracy;
• Preparation time;
• Packaging;
• Pickup;
• Delivery;
• Customer complaints;
• Refunds;
• Employee training;
• Food-safety requirements;
• Health-code compliance; and
• Required licences and permits.
DASH3 does not control a Partner's kitchen, staff, equipment, recipes, food temperatures, preparation procedures, storage procedures or fulfillment practices.
DASH3 does not warrant that food or beverages ordered using DASH3 will:
• Be completed in a particular amount of time;
• Be ready at an estimated time;
• Remain hot or cold;
• Remain fresh;
• Be free of allergens;
• Satisfy a dietary requirement;
• Match a photograph;
• Remain available; or
• Be prepared or served in a particular manner.
Preparation, pickup or delivery times displayed through DASH3 are estimates unless expressly stated otherwise.
Kitchen and Order Transmission
Electronic orders, tickets, printers, kitchen displays, tablets, mobile devices, internet connections and integrations may occasionally experience delays, outages, communication failures or synchronization errors.
DASH3 does not guarantee that every order or ticket will always be:
• Transmitted;
• Printed;
• Displayed;
• Received;
• Acknowledged; or
• Processed
without delay or error.
Partners must actively monitor their operations and maintain reasonable fallback procedures if technology becomes unavailable.
Food Temperature, Quality and Delay
To the fullest extent permitted by Applicable Law, DASH3 is not responsible for food or beverages becoming cold, warm, stale, spoiled, delayed, unavailable, incorrectly prepared or unsuitable because of:
• Kitchen delays;
• Partner staffing;
• Kitchen workload;
• Failure to monitor an order;
• Delayed pickup;
• Delayed delivery;
• Storage;
• Handling;
• Packaging;
• Partner equipment;
• Incorrect inventory;
• Incorrect menu information;
• Customer delay;
• Internet failure;
• Printer failure;
• Device failure; or
• Circumstances outside DASH3's reasonable control.
The Partner determines whether a food or beverage product is safe and appropriate to serve.
Allergies and Dietary Requirements
Allergen, ingredient, nutritional and dietary information may be supplied by the Partner or another third party.
DASH3 does not independently test or verify ingredients, recipes, allergen information or preparation procedures.
Users with food allergies or dietary requirements should communicate directly with the applicable food-service provider before consuming a product.
Alcohol
Partners selling or serving alcohol remain responsible for:
• Liquor licences;
• Hours of sale;
• Age verification;
• Identity verification;
• Responsible-service rules;
• Refusing service;
• Quantity restrictions;
• Delivery requirements; and
• Applicable liquor laws.
The availability of alcohol functionality does not constitute a representation that a particular sale is lawful.
16. POINT OF SALE, GRATUITIES, SERVICE CHARGES AND SURCHARGES
DASH3 may allow Partners to configure taxes, gratuities, tips, tip-outs, service charges, card surcharges, discounts or similar amounts.
The Partner is responsible for determining whether a charge is lawful and for configuring the Platform accurately.
The Partner is responsible for compliance with laws relating to:
• Credit-card surcharges;
• Debit-card surcharges;
• Cash discounts;
• Mandatory service charges;
• Tip disclosure;
• Tip pooling;
• Tip sharing;
• Tip-outs;
• Employee gratuities;
• Wage deductions;
• Receipt disclosures; and
• Sales taxes.
DASH3 does not provide employment, tax or payment-card legal advice.
17. PAYMENTS
Transactions may be processed by independent Payment Processors including Stripe.
By completing a Transaction, the applicable User authorizes the applicable merchant and Payment Processor to process the Transaction.
DASH3 does not generally store complete payment-card numbers.
Payment Processor terms and privacy practices may separately apply.
Payments may be:
• Declined;
• Delayed;
• Reviewed;
• Reversed;
• Reserved;
• Withheld; or
• Subject to chargeback.
DASH3 does not control a financial institution's authorization decision.
18. PARTNER PAYMENT-PROCESSING OBLIGATIONS
A Partner using integrated payment processing must maintain an active and properly connected Payment Processor account.
The Partner is responsible for maintaining:
• Accurate legal information;
• Banking information;
• Tax information;
• Corporate information;
• Ownership information;
• Verification documentation; and
• Other information required by the Payment Processor.
The Partner must respond to Payment Processor requests.
DASH3 does not control decisions involving:
• Account approval;
• Verification;
• Reserves;
• Settlement timing;
• Payouts;
• Chargebacks;
• Disputes;
• Restrictions;
• Suspension; or
• Termination.
Payment Processor fees are separate from DASH3 fees unless expressly stated otherwise.
19. PRICING AND PLATFORM FEES
Transaction charges will be displayed or disclosed as required by Applicable Law.
Charges may include:
• Product prices;
• Registration fees;
• Membership fees;
• Green fees;
• Food and beverage;
• Merchandise;
• Platform Fees;
• Technology fees;
• Processing fees;
• Service charges;
• Delivery charges; and
• Taxes.
DASH3 does not establish a universal Platform Fee percentage in these Terms.
Applicable Partner Platform Fees are determined by the applicable Commercial Agreement.
Independent Organizers or other Transactions may be subject to different fees.
20. TAXES
Each party is responsible for taxes legally imposed upon that party.
Partners are responsible for configuring and reviewing tax treatment applicable to goods and services sold by the Partner except where DASH3 expressly undertakes a tax-collection or remittance obligation.
DASH3 does not warrant that a Partner's tax configuration is correct.
DASH3 reporting and tax tools are administrative tools only and do not constitute tax advice.
21. REFUNDS, CANCELLATIONS AND CREDITS
Refund and cancellation rules may vary by Partner, product and Transaction.
Unless DASH3 is expressly identified as the seller, the applicable Partner or Organizer is responsible for refund decisions concerning its underlying goods and services.
Platform Fees and Payment Processor fees may be non-refundable where clearly disclosed and permitted by Applicable Law.
Nothing limits mandatory consumer refund or cancellation rights.
22. CHARGEBACKS AND PAYMENT DISPUTES
Users retain legitimate chargeback and payment-dispute rights.
Fraudulent or abusive payment disputes may result in account review or restriction.
Partners are responsible for providing information required to respond to disputes concerning their Transactions.
Payment Processor rules independently apply.
23. CUSTOMER DATA AND CONTENT
Users and Partners retain ownership of Content and Customer Data they lawfully own.
They grant DASH3 a non-exclusive licence to host, store, transmit, reproduce, format, process, display and back up such information to the extent reasonably necessary to:
• Provide the Services;
• Complete Transactions;
• Support Users and Partners;
• Maintain security;
• Prevent fraud;
• Maintain backups;
• Troubleshoot;
• Improve Services;
• Meet contractual obligations; and
• Comply with Applicable Law.
Partners represent that they have the rights and lawful authority necessary to provide Customer Data to DASH3.
DASH3 may use appropriately aggregated or de-identified information where permitted by Applicable Law.
24. PARTNER DATA PROCESSING TERMS
To the extent DASH3 processes Personal Data on behalf of a Partner and Applicable Data Protection Laws characterize the Partner as a controller, business or equivalent entity and DASH3 as a processor, service provider, contractor or equivalent entity, this Section applies.
The Partner instructs DASH3 to process Personal Data as necessary to provide the Services, perform the Commercial Agreement, maintain security, provide support and comply with documented lawful instructions.
DASH3 will:
• Process Personal Data only for the permitted purposes;
• Maintain appropriate confidentiality obligations;
• Maintain reasonable administrative, technical and physical safeguards;
• Limit access to persons requiring access for legitimate purposes;
• Use subprocessors subject to appropriate contractual obligations;
• Assist the Partner with legally required data-subject requests where reasonably necessary;
• Assist with legally required security and privacy assessments where reasonably appropriate;
• Notify the Partner of a qualifying Security Incident as required below;
• Delete or return Partner Personal Data following termination where required by Applicable Law and subject to lawful retention requirements;
• Not sell Partner Personal Data where DASH3 is acting solely as a processor/service provider and such sale is prohibited;
• Not use such Personal Data outside the business purposes permitted by Applicable Law and the parties' agreement; and
• Provide reasonable information necessary to demonstrate compliance where required by Applicable Law.
The Partner remains responsible for:
• Lawfulness of collection;
• Required notices;
• Required consents;
• Legal instructions;
• Data accuracy;
• Data minimization;
• Its own privacy compliance; and
• Responding to requests for which the Partner is legally responsible.
Where Applicable Law requires additional controller-processor contractual provisions, the parties will reasonably cooperate to implement them.
A separately executed Data Processing Addendum will govern over this Section to the extent of a conflict concerning data-processing obligations.
25. PRIVACY
DASH3 processes Personal Data in accordance with its Privacy Policy and Applicable Data Protection Laws.
Depending upon the circumstances, DASH3 may process information:
• As an independent organization/controller;
• On behalf of a Partner;
• For both DASH3 and Partner purposes; or
• Through an independent service provider.
The Privacy Policy should be reviewed for information concerning collection, purposes, disclosures, retention, security, rights and contact information.
Nothing in these Terms limits non-waivable privacy rights.
26. CROSS-BORDER DATA
DASH3 may use infrastructure, service providers or technology located in Canada, the United States or other jurisdictions as disclosed in applicable privacy documentation.
Personal Data processed outside a person's jurisdiction may be subject to lawful access by authorities in the jurisdiction where it is processed.
Any specific contractual commitment concerning data residency must be expressly contained in a Commercial Agreement or Data Processing Addendum.
27. SENSITIVE INFORMATION AND PAYMENT DATA
Users and Partners must not place unnecessary sensitive information into free-text fields, messaging features or other areas not designed for such information.
Users must not place complete payment-card numbers, card-security codes, passwords or authentication credentials into ordinary notes, chat, support messages or other fields not specifically designed to securely process that information.
Partners are responsible for determining whether they have lawful authority to collect sensitive Personal Data using DASH3.
28. DATA RETENTION AND ACCOUNT CLOSURE
DASH3 may retain information as reasonably necessary to:
• Provide Services;
• Maintain business and Transaction records;
• Comply with tax obligations;
• Maintain security;
• Prevent fraud;
• Resolve disputes;
• Establish legal rights; and
• Comply with Applicable Law.
Information may remain in secure backups for a limited period after deletion from active systems.
Partners should export information they are entitled to retain before account access ends where export functionality is available.
DASH3 does not guarantee indefinite data storage.
29. INFORMATION SECURITY AND SECURITY INCIDENTS
DASH3 will maintain reasonable administrative, technical and physical safeguards appropriate to the nature of the information processed.
No internet-based system can guarantee absolute security.
Where DASH3 confirms a Security Incident involving Partner Personal Data, DASH3 will provide notice to the applicable Partner without undue delay and within the period required by Applicable Law.
DASH3 may provide reasonably available information necessary for the Partner to satisfy applicable notification obligations.
Nothing in these Terms transfers to a Partner legal obligations that Applicable Law places directly upon DASH3.
30. CUSTOMER INFORMATION AND VERIFICATION
Partners are responsible for reviewing information entered or configured within DASH3.
This includes:
• Prices;
• Taxes;
• Inventory;
• Products;
• Tee times;
• Schedules;
• Memberships;
• Packages;
• Customer records;
• Employee information;
• Course information;
• Maintenance information;
• Accounting information;
• Tournament information; and
• Menu information.
DASH3 is not responsible for errors arising from inaccurate information supplied by a Partner or authorized User.
31. INTELLECTUAL PROPERTY
DASH3 retains all right, title and interest in the DASH3 Platform, including its:
• Software;
• Source code;
• Object code;
• Databases;
• Architecture;
• Interfaces;
• Designs;
• Processes;
• Documentation;
• Trademarks; and
• Other intellectual property.
Partners receive a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services during the applicable term for legitimate business purposes.
No ownership of DASH3 intellectual property transfers to a Partner or User.
32. FEEDBACK
If a User or Partner voluntarily provides suggestions, ideas or feedback concerning DASH3, DASH3 may use that feedback without compensation or restriction.
DASH3 will not publicly identify the contributor as the source without permission unless legally permitted.
33. CONFIDENTIALITY
DASH3 and a Partner may each receive confidential information belonging to the other.
Each party will use reasonable measures to protect the other's confidential information and will use it only for purposes relating to the parties' relationship.
Disclosure may be made to employees, contractors, advisors, affiliates and service providers having a legitimate need for access and appropriate confidentiality obligations.
Confidential information does not include information that:
• Is publicly available without breach;
• Was lawfully known beforehand;
• Was independently developed; or
• Was lawfully received from another source.
Legally compelled disclosure is permitted.
Confidentiality obligations survive termination as appropriate to the nature of the information.
34. MAINTENANCE AND EQUIPMENT MANAGEMENT
DASH3 maintenance tools are administrative tools.
DASH3 does not physically inspect Partner equipment.
The Partner remains responsible for:
• Inspection;
• Maintenance;
• Repairs;
• Safety;
• Recalls;
• Manufacturer requirements;
• Regulatory inspections;
• Operator training; and
• Determining whether equipment can safely be used.
DASH3 reminders do not replace professional inspections, manufacturer recommendations or legally required procedures.
35. STAFF, TIMEKEEPING, PAYROLL, GEOLOCATION AND EMPLOYMENT TOOLS
DASH3 may provide staff profiles, messaging, scheduling, timekeeping, geolocation, task management, tip-out and other workforce tools.
DASH3 is not the employer, joint employer, payroll provider, professional employer organization or human-resources advisor of a Partner's personnel.
Partners remain responsible for compliance with laws involving:
• Employment;
• Minimum wage;
• Overtime;
• Working hours;
• Breaks;
• Scheduling;
• Payroll;
• Vacation;
• Termination;
• Workers' compensation;
• Employee classification;
• Tips and gratuities;
• Tip pooling and tip-outs;
• Employee privacy;
• Geolocation tracking;
• Workplace monitoring;
• Collective agreements; and
• Required employee notices or consent.
Where Partner staff geolocation is collected for features such as clock-in or clock-out, the Partner is responsible for providing legally required workplace notices and obtaining legally required permissions.
36. REPORTS, ANALYTICS, ACCOUNTING AND OPERATIONAL INFORMATION
DASH3 may generate:
• Reports;
• Analytics;
• Trends;
• Forecasts;
• Estimates;
• Accounting information;
• Tax information;
• Transaction records;
• Payroll-related information;
• Inventory records;
• Maintenance information;
• Alerts;
• Notifications; and
• Automated workflows.
These are administrative aids.
Partners must independently verify material information before using it for:
• Accounting;
• Tax;
• Payroll;
• Financial statements;
• Regulatory reporting;
• Inventory;
• Employment decisions;
• Maintenance;
• Safety; or
• Other material business decisions.
DASH3 does not provide legal, tax, accounting, investment, financial or employment advice.
37. GPS, MAPPING, COURSE INFORMATION, YARDAGES, SLOPE AND RATING
DASH3 may display information including:
• GPS coordinates;
• Course maps;
• Aerial imagery;
• Satellite imagery;
• 2D renderings;
• 3D renderings;
• Virtual-caddy information;
• Yardages;
• Distances;
• Tee locations;
• Pin locations;
• Course rating;
• Slope;
• Par;
• Handicaps;
• Hazards;
• Bunkers;
• Penalty areas;
• Out-of-bounds areas;
• Elevation;
• Cart paths; and
• Routing.
This information is referred to as “Course Information.”
Course Information is provided for convenience and may contain inaccuracies.
It may originate from Partners, golf associations, GPS data, mapping providers, satellite imagery, public information, calculations or third-party APIs.
DASH3 does not guarantee exact accuracy.
Partners are responsible for reviewing Course Information relating to their facilities.
Maps and 3D renderings are illustrations and are not legal surveys or certified measurements.
Actual course markings, official scorecards, governing-association information and official competition decisions take precedence.
DASH3 mapping must not be relied upon for emergency navigation or personal safety.
38. STAFF CHAT AND COMMUNICATION TOOLS
Users are responsible for messages sent using DASH3.
Users must not use communication tools for harassment, unlawful conduct, threats or unauthorized disclosure of confidential information.
DASH3 messaging is not an emergency communication system.
39. HARDWARE, DEVICES AND CONNECTIVITY
Services may depend upon:
• Computers;
• Tablets;
• Mobile devices;
• Payment terminals;
• Printers;
• Kitchen displays;
• Wi-Fi;
• Internet;
• Cellular networks;
• Satellite service;
• Networking hardware;
• Operating systems; and
• Electrical service.
Unless specifically agreed otherwise, the Partner is responsible for obtaining and maintaining compatible equipment and connectivity.
DASH3 is not responsible for outages or failures caused by systems outside DASH3's reasonable control.
40. HARDWARE PROVIDED OR FUNDED BY DASH3
Where DASH3 provides or funds hardware, the applicable Commercial Agreement governs:
• Quantity;
• Cost;
• Ownership;
• Replacement;
• Cellular service;
• Return obligations; and
• Special conditions.
Third-party manufacturer and Payment Processor requirements may separately apply.
DASH3 does not manufacture third-party terminals or devices.
41. BETA, PILOT AND EARLY-ACCESS FEATURES
Beta, preview, pilot, experimental and early-access features may:
• Be incomplete;
• Contain errors;
• Change;
• Have limited support; or
• Be discontinued.
Unless expressly agreed otherwise, such functionality must not be relied upon for mission-critical operations.
42. THIRD-PARTY SERVICES AND INTEGRATIONS
DASH3 may rely upon or integrate with:
• Payment Processors;
• Banks;
• Cloud providers;
• Hosting providers;
• Data centres;
• Internet providers;
• Telecommunications providers;
• Mapping services;
• GPS services;
• Email services;
• SMS providers;
• Accounting platforms;
• Hardware manufacturers;
• APIs;
• Domain and DNS providers; and
• Other independent third parties.
Third parties may have separate terms and privacy policies.
DASH3 does not control an independent third party.
A third-party outage or change outside DASH3's reasonable control does not constitute a DASH3 breach.
43. SERVICE AVAILABILITY
DASH3 uses commercially reasonable efforts to operate reliable Services but does not guarantee uninterrupted or error-free availability.
Services may be affected by maintenance, updates, internet failures, cyber incidents, Payment Processor failures, cloud infrastructure, hardware problems and other events.
DASH3 may temporarily restrict Services for maintenance, security, upgrades, legal compliance or protection of the Platform.
44. BUSINESS CONTINUITY
Partners are responsible for maintaining reasonable procedures appropriate to their operations if technology becomes temporarily unavailable.
For critical operations, Partners should maintain procedures appropriate to their business for:
• Accepting payments;
• Communicating with staff;
• Receiving food orders;
• Checking tee times;
• Recording critical information; and
• Continuing other time-sensitive operations.
DASH3 does not represent that the Platform replaces a Partner's business-continuity planning.
45. ELECTRONIC COMMUNICATIONS
DASH3 may send:
• Receipts;
• Booking confirmations;
• Registration confirmations;
• Security alerts;
• Account messages;
• Operational notices;
• Service notifications; and
• Legally permitted electronic notices.
Necessary Transactional and operational communications may continue even where marketing communications have been declined.
46. MARKETING, EMAIL, SMS AND COMMERCIAL COMMUNICATIONS
Partners may use DASH3 tools to communicate with customers, members, employees and other persons.
Partners remain responsible for ensuring communications initiated by them comply with Applicable Law, including applicable consent, identification, disclosure, do-not-contact and unsubscribe requirements.
This includes, where applicable, laws governing commercial email, SMS, automated telephone communications and marketing communications.
Partners must maintain required consents and must promptly honour applicable unsubscribe or opt-out requests.
DASH3 may restrict messaging activity reasonably believed to constitute spam, harassment or unlawful marketing.
47. MARKETPLACE AND THIRD-PARTY LISTINGS
If DASH3 makes marketplace or third-party listing functionality available, DASH3 may facilitate interactions between buyers, sellers, Partners or other third parties.
Unless DASH3 is expressly identified as the seller, DASH3 does not own, manufacture or warrant items sold by an independent seller.
The seller remains responsible for:
• Listing accuracy;
• Product condition;
• Ownership;
• Legal right to sell;
• Shipping;
• Delivery;
• Returns;
• Refunds;
• Taxes;
• Product safety; and
• Legal compliance.
DASH3 may remove listings reasonably believed to be unlawful, fraudulent or inappropriate.
48. REWARDS, LOYALTY PROGRAMS AND STORED VALUE
DASH3 may provide technology for loyalty programs, rewards, credits, gift cards or similar programs.
Unless DASH3 expressly operates the underlying program, the applicable Partner is responsible for establishing its program terms.
Points or rewards have no cash value unless expressly stated otherwise.
Expiry, redemption and cancellation rules remain subject to Applicable Law.
Where gift cards, stored value or credits are offered, mandatory legal restrictions concerning expiry, fees, refunds, unclaimed property or consumer rights apply notwithstanding contrary Partner settings.
49. ACCESSIBILITY
Partners remain responsible for accessibility of their physical facilities, goods, services and Partner-supplied Content as required by Applicable Law.
DASH3 remains responsible for accessibility obligations imposed directly upon DASH3 by Applicable Law.
Nothing in these Terms transfers a legal obligation from a party if Applicable Law places that obligation directly upon that party.
50. INTELLECTUAL-PROPERTY COMPLAINTS
DASH3 respects intellectual-property rights.
A person believing Content available through DASH3 infringes its intellectual-property rights may contact DASH3 using the information below and provide sufficient information to identify the work, allegedly infringing material and basis of the claim.
DASH3 may remove or restrict allegedly infringing Content and may take action against repeat infringers where appropriate and legally permitted.
51. NO WARRANTY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
DASH3 does not warrant that:
• The Services will always be available;
• The Services will always be error-free;
• Every feature will operate on every device;
• Every integration will remain available;
• Every report will be accurate;
• Every notification will be delivered;
• Every Transaction will succeed;
• GPS data will be exact;
• Course Information will be exact;
• Scoring will always be correct;
• Hardware will always remain connected;
• Kitchen tickets will always be transmitted without interruption; or
• Every feature will remain permanently available.
To the fullest extent legally permitted, DASH3 disclaims implied warranties including merchantability, fitness for a particular purpose and non-infringement.
Nothing excludes a statutory warranty that cannot legally be excluded.
52. PARTNER AND ORGANIZER INDEMNIFICATION
To the fullest extent permitted by Applicable Law, a Partner or Organizer will indemnify, defend and hold harmless DASH3 Inc. and its directors, officers, employees, representatives and contractors against third-party claims, damages, liabilities, costs and reasonable legal expenses arising from or relating to:
• The Partner's products or services;
• Tournament or event operations;
• Prize determinations;
• Physical premises;
• Equipment;
• Employee or contractor conduct;
• Partner-provided Content;
• Partner violations of privacy or marketing law;
• Partner tax obligations;
• Employment or wage-law violations;
• Tips, gratuities or tip-outs;
• Food preparation;
• Food handling;
• Food temperature;
• Food quality;
• Spoilage;
• Contamination;
• Foodborne illness;
• Allergens;
• Cross-contact;
• Ingredient information;
• Food fulfillment;
• Alcohol service;
• Age verification;
• Partner-supplied Course Information;
• Inaccurate information supplied by the Partner;
• Failure to verify a tournament result;
• Violation of Applicable Law;
• Use of DASH3 in violation of these Terms; or
• Fraud or intentional misconduct by the Partner or its authorized Users,
except to the extent the claim was directly caused by DASH3 and liability cannot lawfully be excluded, transferred or limited.
The indemnified party will provide reasonable notice of an indemnified claim where practicable.
The indemnifying party may control the defence using reasonably acceptable counsel, provided that no settlement admitting fault or creating a material obligation for the indemnified party may be entered without reasonable consent.
53. USER INDEMNIFICATION
To the extent permitted by Applicable Law, a User will indemnify DASH3 against third-party claims arising from:
• Unlawful Platform use;
• Material violation of these Terms;
• Content that infringes third-party rights;
• Fraud; or
• Intentional misconduct.
This Section does not require a consumer to indemnify DASH3 for liability that cannot legally be transferred.
54. LIMITATION OF LIABILITY — USERS
TO THE FULLEST EXTENT PERMITTED BY LAW, DASH3 WILL NOT BE LIABLE TO AN INDIVIDUAL USER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES.
For a User not subject to a Commercial Agreement, DASH3's aggregate liability will not exceed the greater of:
(a) CAD $100 or the equivalent in the applicable local currency; or
(b) amounts paid directly by that User to DASH3 during the twelve months preceding the event giving rise to the claim.
This limitation does not apply where Applicable Law prohibits the limitation.
55. LIMITATION OF LIABILITY — PARTNERS AND BUSINESS CUSTOMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DASH3 WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS OR BUSINESS INTERRUPTION.
Without limiting the foregoing, DASH3 is not responsible for losses arising from:
• Incorrect information entered by a Partner;
• Inventory discrepancies;
• Accounting errors not directly caused by DASH3;
• Tax configuration;
• Employment decisions;
• Payroll information;
• Maintenance decisions;
• Equipment failure;
• GPS inaccuracies;
• Course Information;
• Scoring discrepancies;
• Tournament outcomes;
• Prize determinations;
• Internet failure;
• Wi-Fi failure;
• Cellular failure;
• Satellite failure;
• Payment Processor failure;
• Banking-network failure;
• Third-party API failure;
• Mapping-provider failure;
• Hardware failure;
• Electrical outage;
• Food preparation;
• Food temperature;
• Food quality;
• Food spoilage;
• Kitchen delays;
• Foodborne illness arising from Partner preparation or handling;
• Partner-supplied allergen information;
• Alcohol-service decisions;
• Partner staffing;
• Missing or delayed kitchen tickets caused by circumstances outside DASH3's reasonable control; or
• Other circumstances outside DASH3's reasonable control.
Except for liability that cannot legally be limited, DASH3's total aggregate liability arising out of or relating to a Partner's Commercial Agreement or use of DASH3 will not exceed the total Licence Fees actually paid by that Partner directly to DASH3 during the twelve months immediately preceding the event giving rise to the claim.
Where a Partner does not pay a recurring Licence Fee, DASH3's maximum aggregate liability will not exceed CAD $500 or its equivalent in the applicable local currency, unless a Commercial Agreement expressly provides a different cap.
For purposes of this limitation, the following are not Licence Fees:
• Golfer funds;
• Tournament proceeds;
• Prize funds;
• Taxes;
• Stripe settlements;
• Payment-processing amounts;
• Payment Processor fees;
• Platform Fees collected from Users or Organizers; and
• Funds DASH3 processes or collects for another person.
Nothing excludes or limits liability that Applicable Law prohibits DASH3 from excluding or limiting.
56. INSURANCE
Partners remain responsible for maintaining insurance reasonably appropriate to their business and any insurance required by Applicable Law.
Depending upon the Partner's operations, this may include general commercial liability, property, workers' compensation, liquor liability, cyber insurance or other applicable coverage.
DASH3's provision of technology does not replace a Partner's insurance obligations.
57. SUSPENSION
DASH3 may suspend or restrict Services where reasonably necessary because of:
• Non-payment;
• Fraud;
• Suspected fraud;
• Security concerns;
• Account compromise;
• Unlawful activity;
• Platform abuse;
• Material violation of these Terms;
• Failure to maintain a necessary Payment Processor account;
• Court order;
• Regulatory requirement; or
• A material threat to Platform integrity.
Where reasonably practicable, DASH3 will provide notice and an opportunity to address the issue.
Suspension does not eliminate accrued payment obligations.
58. TERMINATION FOR MATERIAL BREACH
Unless a Commercial Agreement provides otherwise, either DASH3 or a Partner may terminate the applicable Commercial Agreement for material breach if:
(a) written notice reasonably describing the breach is provided; and
(b) the breaching party fails to remedy the breach within thirty (30) days after receipt of notice.
Where a breach cannot reasonably be cured, termination may occur as permitted by Applicable Law.
This provision does not create a general right to terminate a fixed Initial Term for convenience.
59. EFFECT OF TERMINATION
Following expiry or termination:
• Access may end;
• Unpaid amounts remain payable;
• Administrative accounts may be disabled;
• Data will be handled in accordance with applicable retention rules;
• Hardware obligations will be governed by the Commercial Agreement; and
• Provisions intended by their nature to survive will survive.
Surviving provisions include payment obligations, confidentiality, intellectual property, indemnification, liability limitations and dispute provisions.
60. FORCE MAJEURE
Neither DASH3 nor a Partner will be liable for delay or failure caused by circumstances outside its reasonable control, except for payment obligations already due.
Events may include:
• Natural disasters;
• Fire;
• Flood;
• Severe weather;
• War;
• Civil unrest;
• Government action;
• Labour disruption;
• Cyberattack;
• Internet outage;
• Telecommunications failure;
• Electrical outage;
• Cloud failure;
• Data-centre failure;
• Banking-network failure;
• Payment-network failure; or
• Widespread third-party service failure.
61. CHANGES TO THE PLATFORM
DASH3 may update, improve, modify, replace or discontinue Platform functionality.
DASH3 will comply with specific commitments in applicable Commercial Agreements.
Where a material change substantially affects a paid Service, notice will be provided where required by Applicable Law or an applicable agreement.
62. CHANGES TO THESE TERMS
DASH3 may update these Terms.
The Last Updated or Version date will be changed when an updated version is published.
Material changes will be communicated where legally required.
For a Partner subject to a fixed-term Commercial Agreement, DASH3 will not use an online Terms update during the Initial Term to unilaterally:
• Increase the Partner's agreed Licence Fee;
• Increase the agreed Platform Fee;
• Extend the Initial Term;
• Increase the agreed cancellation-notice period;
• Materially reduce specifically agreed termination rights;
• Materially increase specifically negotiated commercial obligations; or
• Materially alter a specifically negotiated liability or indemnification provision
without the Partner's written agreement.
Non-material technical, security, operational and legally required updates may be made to the extent permitted by Applicable Law and the Commercial Agreement.
63. CONSUMER RIGHTS
Nothing in these Terms waives a consumer right that cannot legally be waived.
Mandatory local law controls to the extent it conflicts with these Terms.
Depending upon jurisdiction, mandatory rights may concern:
• Pricing;
• Contract formation;
• Recurring billing;
• Automatic renewal;
• Cancellation;
• Refunds;
• Warranties;
• Privacy;
• Electronic contracting; and
• Payment disputes.
64. UNITED STATES USERS
Users in the United States may have rights under applicable federal, state and local law.
State requirements may differ concerning:
• Privacy;
• Data security;
• Security-breach notification;
• Automatic renewal;
• Cancellation;
• Children's and minors' information;
• Commercial communications;
• Pricing;
• Contests;
• Alcohol;
• Taxes; and
• Consumer protection.
Where mandatory U.S. federal or state law conflicts with these Terms, the mandatory requirement applies to the extent required.
65. CANADIAN USERS
Users in Canada may have rights under applicable federal, provincial and territorial law.
Applicable requirements may include privacy, consumer-protection, electronic-commerce, marketing, language, tax and other requirements.
Where mandatory Canadian law conflicts with these Terms, the mandatory requirement applies.
66. QUÉBEC USERS AND FRENCH-LANGUAGE REQUIREMENTS
Where the Charter of the French Language or other Applicable Law requires a French version of these Terms, a Commercial Agreement or related documentation, DASH3 will make the required French version available in accordance with Applicable Law.
Where required, the French version must be provided or made accessible before a User or Partner is asked to expressly choose to contract in another language.
A person's choice to enter into an English-language version does not waive language rights that cannot legally be waived.
Where Applicable Law gives a person the right to rely upon a French version, that right is preserved.
Nothing in these Terms is intended to circumvent Québec language requirements.
67. GOVERNING LAW AND DISPUTES
For Partners and business customers, except where a Commercial Agreement expressly states otherwise or Applicable Law requires otherwise, these Terms and the applicable commercial relationship are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Subject to mandatory Applicable Law, proceedings involving a Partner will be brought before a court of competent jurisdiction in Ontario.
For individual consumers, nothing in this Section removes any mandatory right to rely upon the law, courts, tribunals or dispute procedures of their jurisdiction where that right cannot legally be waived.
A Commercial Agreement may specify different governing law or jurisdiction.
Nothing prevents a party from seeking urgent injunctive or protective relief from an appropriate court.
68. ELECTRONIC CONTRACTING AND SIGNATURES
Contracts, notices, Transactions and records may be created, delivered, accepted and stored electronically where permitted by Applicable Law.
Electronic acceptance may include:
• Clicking “I Agree”;
• Selecting a checkbox;
• Accepting an Order Form;
• Completing checkout;
• Confirming a registration;
• Creating an account after being presented with applicable terms; or
• Applying an electronic signature.
Electronic records and signatures will not be invalid solely because they are electronic.
DASH3 may retain audit trails, timestamps, authentication records and electronic-signature completion records.
69. FORMAL NOTICES — PARTNERS
Formal notices required under a Commercial Agreement, including termination notices, must be in writing.
Notice may be sent to:
• The designated business contact;
• An address stated in the Commercial Agreement; or
• An address subsequently designated in writing.
Email notice will be considered received when transmitted unless the sender receives a delivery-failure notification, except where Applicable Law requires another method of delivery.
Routine support tickets and ordinary operational correspondence are not termination notices unless they clearly state that they constitute formal notice.
70. ASSIGNMENT
A Partner may not assign its Commercial Agreement without DASH3's prior written consent, which will not be unreasonably withheld, except where Applicable Law provides otherwise.
DASH3 may assign these Terms or a Commercial Agreement in connection with:
• Financing;
• Corporate restructuring;
• Reorganization;
• Merger;
• Acquisition;
• Sale of substantially all assets;
• Sale of the business; or
• Transfer of the DASH3 Platform.
A permitted successor assumes the applicable obligations.
71. RELATIONSHIP OF THE PARTIES
DASH3 and each Partner are independent contractors.
Nothing creates a:
• Partnership;
• Joint venture;
• Employment relationship;
• Franchise;
• Fiduciary relationship; or
• Agency relationship.
Neither party may bind the other unless expressly authorized.
72. EXPORT CONTROLS, SANCTIONS AND ANTI-CORRUPTION
Users and Partners must use DASH3 in compliance with applicable trade sanctions, export-control, anti-money-laundering and anti-corruption laws.
The Services must not knowingly be used by a prohibited person or for a prohibited activity.
Users and Partners must not use DASH3 to facilitate bribery, fraud, unlawful payments or prohibited Transactions.
73. NO THIRD-PARTY BENEFICIARIES
Except where expressly stated, these Terms do not create enforceable rights in a person who is not a party to the applicable agreement.
74. NO WAIVER
Failure to enforce a provision does not waive that provision.
A waiver applies only to the specific matter for which it is given.
75. SEVERABILITY AND MANDATORY LAW
If a provision is determined to be unlawful or unenforceable, it will be interpreted or limited to the minimum extent necessary where legally permissible.
The remaining provisions remain effective.
If mandatory Applicable Law grants greater rights than these Terms, the mandatory law controls only to the extent necessary.
76. ENTIRE AGREEMENT
For a Partner, the applicable agreement may consist of:
• A Commercial Agreement;
• A Data Processing Addendum;
• These Master Terms;
• A signed amendment;
• A Statement of Work;
• Applicable privacy documentation; and
• Other documents expressly incorporated by reference.
The Partner acknowledges that it has not relied upon a promise or commitment concerning the Services that is not contained in an applicable written agreement or incorporated document.
77. ORDER OF PRECEDENCE
Where applicable documents conflict, the following order generally applies:
1. Specifically negotiated and signed Special Agreement Terms or amendments;
2. A Data Processing Addendum, solely with respect to matters specifically governed by that Data Processing Addendum;
3. The applicable DASH3 Service Agreement, Order Form or other Commercial Agreement;
4. These DASH3 Master Terms and Conditions;
5. The DASH3 Privacy Policy with respect to DASH3's independent handling of Personal Data;
6. An applicable Cookie Policy;
7. An invoice or administrative document; and
8. Third-party terms with respect to independent services supplied by that third party.
A higher-ranking document controls only to the extent of the applicable conflict.
78. CONTACT DASH3
Questions or formal notices concerning these Terms may be sent to:
DASH3 Inc.
Email: info@dash3golf.com
Phone: 1-888-997-0101
Business Address: 13259 Highway 7, Carleton Place, Ontario, Canada
Postal Code: K7C 3P1
Privacy inquiries should be submitted using the contact information provided in the DASH3 Privacy Policy.
END OF DASH3 MASTER TERMS AND CONDITIONS
