Terms of service

OVERVIEW

Welcome to GA Fairway Co.!

The terms “we,” “us,” and “our” refer to GA Fairway Co. GA Fairway Co. operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). GA Fairway Co. is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.

If customer account functionality is made available, you are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions, photographs, mockups, sizing information, and representations of our products.

However, product colors and appearance may vary depending on your device, monitor, screen settings, lighting, production process, and other factors.

We do not warrant that the appearance, color, fit, or quality of a product will exactly match how it appears on your screen or in digital product images.

Many products offered by GA Fairway Co. are made specifically after an order is placed and may be manufactured, printed, embroidered, packaged, or fulfilled by third-party production and fulfillment partners.

Minor variations in print placement, embroidery placement, color, sizing, texture, or appearance may occur as part of the production process and are not necessarily considered defects.

Product descriptions, specifications, pricing, colors, sizes, and availability may be changed at any time without notice.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase.

GA Fairway Co. reserves the right to accept or decline an order for any lawful reason at our discretion. Your order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it.

Because many GA Fairway Co. products are made to order, orders may enter production shortly after they are placed. Once production or fulfillment has begun, changes, cancellations, or modifications may no longer be possible.

If you need to request an order change or cancellation, please contact us as soon as possible. We will make reasonable efforts to accommodate the request, but we cannot guarantee that an order can be changed or cancelled once production has started.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or telephone number provided with the order.

Returns, refunds, replacements, and exchanges are governed by our Return and Refund Policy.

You represent and warrant that purchases made through the Services are for lawful purposes and will not be used in violation of these Terms or applicable law.

SECTION 4 – PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless expressly stated otherwise, listed product prices do not include shipping charges, sales tax, customs duties, import charges, or other applicable fees.

We may periodically offer discounts, promotional offers, coupon codes, or other incentives. Such promotions may be subject to additional terms and may be modified or discontinued at any time.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information.

You represent and warrant that payment information provided by you is accurate, that you are authorized to use the applicable payment method, and that charges incurred by you will be honored by your payment provider.

You agree to pay all charges associated with your order, including product costs, shipping charges, applicable taxes, and other disclosed fees.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery dates are estimates only and are not guaranteed.

Because products may be made to order, fulfillment time and shipping transit time are separate. Production must generally be completed before an order is transferred to a shipping carrier.

GA Fairway Co. is not responsible for delivery delays caused by shipping carriers, customs processing, severe weather, natural disasters, incorrect or incomplete customer information, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

If an order cannot be delivered or is returned because an incorrect or incomplete address was provided, additional shipping charges may apply if the customer requests reshipment.

If a shipment is lost, damaged, defective, misprinted, incorrectly fulfilled, or otherwise experiences a delivery or production problem, please contact GA Fairway Co. in accordance with our Return and Refund Policy.

SECTION 6 – CHARITABLE SUPPORT

GA Fairway Co. is a for-profit business and is separate from Golfing Angels Charity, a nonprofit organization recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code.

GA Fairway Co. donates 10% of merchandise sales, less discounts and refunds and excluding shipping charges and sales tax, to Golfing Angels Charity.

For purposes of this commitment, “merchandise sales” means amounts actually paid for merchandise after applicable discounts and refunds and does not include shipping charges, sales tax, or similar taxes or government-imposed charges.

Purchases made from GA Fairway Co. are commercial purchases.

A customer's purchase from GA Fairway Co. is not a charitable contribution by the customer and is not a tax-deductible donation to Golfing Angels Charity.

Any charitable contribution described on this website is made by GA Fairway Co. and not directly by the purchaser.

GA Fairway Co. and Golfing Angels Charity maintain separate business operations and financial records.

SECTION 7 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, trade names, logos, text, graphics, photographs, product artwork, designs, videos, audio, website content, and the selection and arrangement thereof, are owned by GA Fairway Co., its affiliates, licensors, or other applicable rights holders and are protected by United States and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit materials from the Services without prior written authorization from the applicable rights holder.

Nothing contained in these Terms grants you any license or ownership rights in any trademark, copyright, patent, trade name, logo, design, or other intellectual property belonging to GA Fairway Co., Shopify, Golfing Angels Charity, or any third party.

GA Fairway Co. names, logos, designs, slogans, and product names may be trademarks or other intellectual property of GA Fairway Co. or its licensors.

Shopify names, logos, products, and service names are trademarks of Shopify.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 8 – OPTIONAL TOOLS

We may provide access to tools, applications, features, integrations, or services supplied by third parties.

We do not necessarily monitor or control such third-party tools.

You acknowledge and agree that access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind.

Your use of optional third-party tools is at your own risk and discretion, and you are responsible for reviewing any applicable third-party terms and policies.

We may introduce additional features, tools, or resources in the future. Such features will also be considered part of the Services and will be subject to these Terms.

SECTION 9 – THIRD-PARTY LINKS

The Services may contain links to websites, applications, services, content, or materials provided or operated by third parties.

GA Fairway Co. is not responsible for evaluating or guaranteeing the accuracy, security, policies, products, services, or content of third-party websites or services.

If you leave our Services to access third-party materials or websites, you do so at your own risk.

GA Fairway Co. is not responsible for damages, losses, disputes, or other issues arising from your use of third-party products, websites, content, or services.

You should review the applicable third party's policies and terms before entering into transactions with them.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

GA Fairway Co. is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our Store are made directly with GA Fairway Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and GA Fairway Co., including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made with GA Fairway Co.

SECTION 11 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide, operate, secure, and improve the platform.

Information you submit through the Services may be transmitted to Shopify and other third-party service providers involved in operating our store, processing payments, fulfilling orders, delivering products, providing customer service, marketing, analytics, fraud prevention, or other business functions.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 12 – FEEDBACK

If you submit, upload, post, email, transmit, or otherwise provide ideas, suggestions, reviews, photographs, comments, proposals, plans, or other content to GA Fairway Co. (“Feedback”), you grant us a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for legitimate business purposes.

You represent and warrant that you have the necessary rights to provide any Feedback you submit and that your Feedback does not violate applicable law or the rights of another person.

You agree that your Feedback will not contain unlawful, defamatory, abusive, obscene, infringing, deceptive, or malicious material or software.

We may monitor, edit, decline to publish, or remove Feedback at our discretion.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, availability, shipping charges, fulfillment times, transit estimates, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time without prior notice.

If incorrect information materially affects an order you have already placed, we may contact you, modify the order with your approval, or cancel and refund the affected portion of the order as appropriate.

SECTION 14 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

(a) for unlawful or fraudulent purposes;

(b) to violate any federal, state, provincial, local, or international law or regulation;

(d) to harass, threaten, abuse, defame, intimidate, discriminate against, or harm another person;

(e) to submit false or misleading information;

(f) to upload or transmit malicious software, viruses, or harmful code;

(g) to spam, phish, scrape, harvest, or improperly collect information;

(h) to impersonate another person or entity;

(i) to interfere with or circumvent security features or access restrictions;

(j) to reproduce, duplicate, copy, sell, resell, or exploit portions of the Services without authorization; or

(k) to engage in activity that restricts or interferes with another person's use or enjoyment of the Services.

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

SECTION 15 – AUTOMATED AGENTS

This section applies if you use, enable, or cause automated or semi-automated software, artificial intelligence systems, bots, or similar tools (“Agents”) to access or interact with the Services.

Agents may not access, use, or interact with the Services in a manner that conceals their automated nature, circumvents access restrictions, defeats security controls, bypasses CAPTCHA or similar protections, or otherwise violates these Terms.

We may limit or block automated access to the Services through technical or other measures.

SECTION 16 – TERMINATION

We may suspend or terminate your access to the Services, or any portion of the Services, if you violate these Terms, applicable law, or our policies.

Termination does not affect obligations incurred before termination, including payment obligations.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and privacy.

SECTION 17 – DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not guarantee that all information is complete, current, error-free, or appropriate for every purpose.

EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY LAW OR EXPRESSLY STATED BY GA FAIRWAY CO., THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

SECTION 18 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, GA FAIRWAY CO., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITIES, OR OTHER SIMILAR LOSSES.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 19 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless GA Fairway Co., Shopify, and their respective affiliates, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses, damages, costs, and reasonable attorneys' fees arising from:

(a) your breach of these Terms;

(b) your violation of applicable law;

(d) your misuse of the Services.

We may assume control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate in the defense.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

The unenforceable portion will be deemed severed from these Terms, and the remaining provisions will continue in full force and effect.

SECTION 21 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and GA Fairway Co. regarding your use of the Services.

These Terms supersede prior or contemporaneous communications or agreements concerning the same subject matter.

SECTION 22 – ASSIGNMENT

You may not assign or transfer these Terms or your rights or obligations under these Terms without our prior written consent.

GA Fairway Co. may assign or transfer its rights and obligations under these Terms in connection with a business transfer, restructuring, merger, acquisition, sale of assets, or other lawful transaction.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements through which GA Fairway Co. provides Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes arising from or relating to these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in the Texas county in which GA Fairway Co.'s principal place of business is located.