Terms Governing Online Payment Services

Effective Date: December 7, 2021

The Arizona Golf Association (“AGA”, “we”, “us”, or “our”) offers payment processing services (“the Service” or “Payment Services”) as a convenience to you, the User, to facilitate access to view and pay fees online.

Acceptance of Terms of Service; Changes to Terms of Service

BY MAKING A PAYMENT THROUGH OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.


By accepting these Terms and Conditions, you represent and warrant that:

1. You are 18 years old or older;

2. You are using your actual identity and any information you provide is accurate and complete;

3. You are legally authorized to make payments using the Transaction Account;

4. You will pay the credit card issuer all charges incurred in the use of the Service.

5. Your use of the Service will not violate any local, state, national or international laws or regulations.

6. You have the appropriate authority to validly accept the Terms and are able to and will meet your obligations in relation to the Terms.

7. If you are using the Service on behalf of a business (for example you are a club administrator paying for club members), that business accepts these Terms, and you represent to us that you have authority to bind that business or entity to these Terms.


In addition, you accept that:

· The AGA shall have the right at any time to change or modify these Terms of Service.

· Such modifications shall be effective immediately upon posting of the modified Agreement.

· By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.

· The AGA has no obligation to notify Users of the posting of a modified Agreement.

· You should periodically review these Terms of Service.

· If at any time you do not accept the terms and conditions of this Agreement, you may not use the Payment Services.


Payments

The AGA may offer products and/or programs, including but not limited to Memberships and Renewals, that require payment. By submitting payments through our Service, you authorize the AGA to process your payments according to your instructions. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Service. Payments that you authorize will be made from a bank or financial institution account that you designate (the “Transaction Account”). It is your responsibility to establish and maintain the Transaction Account and to pay all fees associated with the Transaction Account.

You may be required or choose to login using your personal credentials to make payment. It is your responsibility to keep your Username and Password secure and confidential. You agree to be responsible for any transactions made under such Username and Password.

In some cases, you may still owe additional payment directly to your club(s). If a payment amount is in question, please reach out to us at [email protected] or 602-944-3035.

Auto-renewals

During the check-out process you may have the ability to select an option to “auto-renew”, which will pay for the same product the following year. Note that:

· This option may not be available in all cases

· Fees may not be the same the following year and are your responsibility to monitor

· Your credit card information will be stored by the Payment Processor for future use

· You have the ability to update or delete your auto-renewal details in your personal Dashboard under the “My Account” tab

Payment Processor & Payment Gateway Disclaimers

We utilize a third-party Payment Processor called NMI to process payments from your bank account. The processing of the payment will be subject to the terms, conditions and privacy policies of the Payment Processor: https://www.nmi.com/privacy-policy.

NMI adheres to the highest standards set by PCI-DSS (as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover), helping ensure the secure handling of your payment information. The AGA does not control and cannot be held liable for the security or performance of the Payment Processor.

Server Slow Down/Session Timeout: In case the Website or Payment Processor that is linked to the Website, is experiencing any server related issues like slow down, failure or session timeout, the User shall, before initiating the second payment, either:

1. Contact the AGA to see if the original payment went through

2. Check whether their Bank Account has been debited or not and accordingly resort to one of the following options:

· In case the Bank Account appears to be debited, ensure that he/she does not make the payment twice.

· In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

The AGA assumes no liability whatsoever for any monetary or other damage suffered by the User on account of:

· The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/or

· Any interruption or errors in the operation of the Payment Gateway.

Banking Limitations

In using the Service, you are requesting the AGA to make payments for you from your designated Transaction Account. If your bank or financial institution is unable to process a transaction (for example, there are not sufficient funds in the Transaction Account to cover the transaction, or if funds in the account are unavailable for any reason), the transaction may not be completed. There may be limits or restrictions upon the number or frequency of payments that may be made from your Transaction Account under applicable law or under the terms of your agreement with the bank or financial institution maintaining the Transaction Account. The AGA’s obligations under the Service are subject to any such limits or restrictions, and the AGA has no duty to notify you of any such limits or restrictions.

Transaction Failures

The AGA will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are actually received by the AGA. The AGA will not be responsible and shall not be liable for any of your losses if it is unable to complete a payment authorization initiated by you because of the existence of any one or more of the following circumstances:

· User error

· Equipment malfunction

· You have provided the AGA with incomplete or inaccurate names or account information.

· Circumstances beyond the AGA’s control (such as, but not limited to, fire, flood, internet service interruptions, or interference from an outside force) prevent the proper transmission of your payment authorization.

· The AGA fails to receive a full and complete payment authorization.

· The Transaction Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit applicable to the Transaction Account.

· You have made any false or materially misleading statement or representation in connection with any payment authorization.

· The bank or financial institution maintaining the Transaction Account refuses or is unable to honor a payment request from the AGA.

Disclaimer of Warranties

THE AGA IS PROVIDING THE SERVICE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE AGA DOES NOT WARRANT THAT THE SERVICE AND/OR YOUR USE OF THE SERVICE WILL BE ERROR-FREE, IMMEDIATE, CONTINUOUSLY AVAILABLE, VIRUS FREE, OR THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE COMPLETE, ACCURATE AND/OR UP-TO-DATE.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE AGA, ITS REPRESENTATIVES AND AFFILIATES DO NOT ACCEPT LIABILITY FOR ANY DAMAGE, LOSS, COSTS (INCLUDING LEGAL COSTS), EXPENSES, INDIRECT LOSSES OR CONSEQUENTIAL DAMAGE OF ANY KIND WHICH MAY BE SUFFERED OR INCURRED BY YOU FROM THE USE OF THE SERVICE, EVEN IF THE AGA OR ITS REPRESENTATIVES, AFFILIATES, OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF, FOR ANY REASON, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES AS A RESULT OF YOUR USE OF THE SERVICE, OUR LIABILITY WILL NOT IN ANY EVENT EXCEED THE DOLLAR AMOUNT OF THE TRANSACTION WHICH FORMED THE BASIS OF THE DAMAGE.

Data Theft

Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, the AGA does not represent or guarantee that the use of the Services provided by/through it will not result in theft and/or unauthorized use of data over the Internet. The User agrees, understands and confirms that their personal data — including details relating to their debit/credit card — transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and that the AGA and the Payment Processor have limited control over such matters.

THE AGA WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER FOR ANY INTERCEPTION AND/OR ‘HACKING’ OF ANY DATA OR OTHER UNAUTHORIZED ACCESS TO INFORMATION PROVIDED BY YOU FOR THE PURPOSES OF USING THE SERVICE.

Assignment

The AGA may assign this Agreement to any directly or indirectly affiliated company. The AGA may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.