LIV Golf Public WiFi Terms and Conditions

These terms of use (the “Terms”) set out the terms and conditions on which wireless internet access (the “Service”) is provided to you by LIV Golf (or its partners) inclusive of any parent or partner companies (“we”, “us” or “ours”) in consideration for your agreement to these terms of use. The Service may only be used by our current guests, spectators, associates, and service providers. If you (i) are not a current guest, spectator, associate, or service provider of ours or (ii) do not agree to or understand these Terms, then you must immediately discontinue access to or use of the Service.

When you click to accept these Terms, or when you access or use the Service, you agree that you have read, understand, and accept all of the requirements and conditions presented, and agree to be legally bound by them for the benefit of us. We reserve the right to update or revise these Terms at any time without prior notice.

1. Extent of the Service

1.1 We do not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and your use of Internet Services is carried out entirely at your own risk.

1.2 Internet Services, such as other websites, communication services, information, applications or other networks, have not been independently authenticated or tested in whole or in part by us. We do not maintain and have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free, and we are not responsible in any way for it. Availability of such Internet Services via the Service does not imply endorsement by us.

1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.

1.4 We provide the Service to you as a convenience, and your ability to use it to access the Internet Services does not guarantee:

1.4.1 the availability of the Service;

1.4.2 the speed at which information may be transmitted or received via the Service; or

1.4.3 that the Service will be compatible with your equipment or any software which you use.

1.5 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data. As such, you agree to take appropriate steps to help protect yourself and your device, and to ensure the security of the Service for others.

1.6 We reserve the right at all times to withdraw or terminate the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

2. Your Use of the Service

2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:

2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;

2.1.2 contain obscene, profane or abusive language or material;

2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit nature);

2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

2.1.5 contain material which infringe LIV Golf or any third party’s rights (including intellectual property rights);

2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or

2.1.7 are otherwise unlawful or deemed inappropriate by us.

2.2 Music, video, pictures, text and other content on the internet are copyrighted works and you agree not to download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.

Notwithstanding the generality of the foregoing, you are expressly restricted from recording, accessing, sharing or otherwise distributing the ‘broadcast feed’ from the LIV Golf event or any part thereof.

2.3 We may terminate or temporarily suspend the Service if we believe that you are in breach of any provisions of the Terms, including but not limited to clauses 2.1 to 2.2 above.

2.4 All intellectual property, including trademarks, logos, and service marks as may be displayed in connection with the Service or in any other manner are our registered and unregistered trademarks, or the registered and unregistered trademarks of our affiliates, licensors, or other third parties. All such trademarks, logos, and service marks are the property of us and/or their respective owners. Nothing displayed or accessed in connection with the Service shall be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Service without the owner’s prior written permission.

2.5 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.

2.6 The Service is intended for consumer use only.

2.7 We are making available the Service from the location from where you are using the Service and make no representation that the Service is appropriate or available for use in other locations.

3. Criminal Activity

3.1 You will not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence in any territory throughout the world.

3.2 You agree and acknowledge that we may be required to provide assistance and information regarding your use of the Service to law enforcement, governmental agencies and other authorities.

3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service, the activity associated with that IP address, and other information as further described in these Terms.

3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to,

disclosure of such information as we have (whether pursuant to clause 3.3, clause 4, or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

4. Our Use of your Information

4.1 In the course of providing the Service to you and operating the Service for you, we may receive certain information about content you access, send, receive or use while accessing the Service, such as URLs and, for transmissions via HTTP or HTTPS, search terms, application commands, files names, file sizes and file types, when you use or access the Service. We also may receive certain information about communications you may engage in, access, send, receive or use while accessing the Service, such as any of the information noted above, and address information, such as recipient and sender email address, or recipient or sender phone number in the case of text messaging via phone when such information is transmitted via an unencrypted manner. We may also receive information that may identify you or the device you are using. That information may include MAC address, IP address, and unique device identifier such as a name or number assigned to the device. If you were required to login in order to access or use the Service, then registration information we obtain from you may include your name, phone number and email address. We also may receive the real-time location of your device while it is accessing the Service.

4.2 You agree and understand that we may, but are not required to, proactively monitor content, communications and activities undertaken using the Service. It is your responsibility to know and understand the risks of using public communication means, such as unsecured Wifi, for transmission of any communications and content.

4.1 We confirm that we shall use the contact details you provide solely in accordance with the Terms and our privacy policy accessible on www.livgolf.com, and as such you hereby consent to the same.

5. Other Terms

5.1 YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; NON-INFRINGEMENT; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ACCESS TO OR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF WE ARE ON NOTICE OF SUCH PROBLEMS. YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THIS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR OUR AFFILIATES SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE SERVICE IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR OTHERWISE.

5.2 You agree to indemnify, defend, and hold harmless us and our affiliates, and our and their officers, directors, employees, agents, suppliers, and vendors from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your breach of any provision of these Terms or any warranty or promise you provide herein, or otherwise arising in any way out of your use or accessing of the Service. We reserve the right to assume exclusive defence and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with us in defence of such matter.

5.3 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence, we have no responsibility (to the extent permitted by law) to compensate you

(whether or not we are negligent) for any direct or indirect financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, privacy use, business, goodwill, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time, damage to physical property, or for any other direct or indirect loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage, including indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Service, or for any information, products, services, or other networks accessed or obtained through the Service.

5.4 This Agreement and the legal relations among the Parties hereto shall be governed by and construed in accordance with the laws of the State of New York applicable to such agreements wholly made and to be performed within New York, notwithstanding any conflict of law provisions to the contrary.

5.5 The Parties hereby agree that any action which in any way involves the rights, duties and obligations of any Party hereto under this Agreement shall be brought in courts located in New York County, New York, and the Parties hereby submit to the personal jurisdiction of such courts. Each of the Parties waives any objection that it may have based on improper venue or forum non conveniens to the conduct of any such suit or action in any such court. The Parties agree that service of process deposited in certified or registered mail addressed to the other Party at the address for the other Party set forth in this Agreement shall be deemed valid service of process for all purposes.

5.6 WAIVER OF JURY TRIAL. EACH OF THE PARTIES HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY AND ALL ACTIONS OR PROCEEDINGS IN ANY COURT, WHETHER THE SAME IS BETWEEN THEM OR TO WHICH THEY MAY BE PARTIES, AND WHETHER ARISING OUT OF, UNDER, OR BY REASON OF THIS AGREEMENT (AS APPLICABLE), OR ANY ACTS OR TRANSACTIONS HEREUNDER OR THE INTERPRETATION OR VALIDITY HEREOF, OR OUT OF, UNDER OR BY REASON OF ANY OTHER CONTRACT, AGREEMENT OR TRANSACTION OF ANY KIND, NATURE OR DESCRIPTION WHATSOEVER, WHETHER BETWEEN THEM OR TO WHICH THEY MAY BE PARTIES.

5.6 These Terms constitute the entire agreement between us and you regarding its subject matter, and it supersedes any prior or contemporaneous agreements between us and you regarding its subject matter.

5.7 If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of the Terms shall remain in full force.

By using the Service you are confirming that you accept the terms and conditions as the basis of your use of the wireless internet access provided.