Terms of Service

Last updated December 2024

Agreement to Terms
Intellectual Property Rights
User Representations
User Registration
Marketplace Offerings
Purchases and Payment
Return/Refunds Policy
Prohibited Activities
User Generated Contributions
Contribution License
Guidelines for Reviews
Social Media
Submissions
Site Management
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Miscellaneous
Contact Us

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and NinjaTako LTD, doing business as Public Pro Shop ("Public Pro Shop", “we”, “us”, or “our”), concerning your access to and use of the publicproshop.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

We are registered in Ireland and have our registered office at “Trustap LTD, 1-2 St Patrick’s Quay, Victoria Quarter, Cork T23 CY5X."

The Site provides an online marketplace for the following goods, products, and/or services: Golf Equipment, Clothing, and Shoes (the “Marketplace Offerings”). To create a secure environment for purchasing and selling Marketplace Offerings, all users must accept and comply with these Terms of Use. By accessing the Site and/or the Marketplace Offerings, you agree to these Terms of Use.

IMPORTANT: If you do not agree with these Terms, you must stop using the Site immediately.

Additional terms or policies may be posted on the Site, which are incorporated by reference. We reserve the right to modify these Terms at any time, with changes effective upon updating the “Last updated” date. Please review the Terms regularly to stay informed.

The Site is not tailored to comply with specific industry regulations (e.g., HIPAA, FISMA). It is also intended for users 18 years or older. Persons under 18 are prohibited from using or registering for the Site.

2. Intellectual Property Rights

Unless otherwise stated, the Site and Marketplace Offerings are our proprietary property. This includes, but is not limited to:

Source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”).
Trademarks, service marks, and logos (collectively, the “Marks”).

These are protected by copyright, trademark laws, and various international conventions.

You are granted a limited, personal, non-commercial license to access the Site and use its Content. Any other use, including copying, reproducing, distributing, or commercial exploitation, is prohibited without our prior written permission.

We reserve all rights not expressly granted to you under these Terms.

3. User Representations

By using the Site or the Marketplace Offerings, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update it as necessary;
You have the legal capacity and agree to comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose. Unauthorized Marketplace Offerings include intoxicants of any sort, illegal drugs, alcoholic beverages, games of chance, and pornography or graphic adult content. Posting any unauthorized products or content may result in immediate termination of your account and a lifetime ban from using the Site.

We make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the Marketplace Offerings. The content of the Site is for informational and advertising purposes only. We do not endorse or recommend any Marketplace Offerings and are not liable for any errors or omissions in the content.

4. User Registration

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Marketplace Offerings

We make every effort to display the colors, features, specifications, and details of the Marketplace Offerings as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or free of errors. Your electronic display may not accurately reflect the actual products.

All Marketplace Offerings are subject to availability, and we cannot guarantee stock levels. Some Marketplace Offerings may be available exclusively online and may have limited quantities. These items are subject to return or exchange only according to our Return Policy. We reserve the right to limit quantities and change descriptions or pricing without notice.

We do not warrant that the quality of any Marketplace Offerings will meet your expectations or that any errors in the Site will be corrected.

6. Purchases and Payment

By partnering with Trustap, we accept card payment, Apple Pay and Google Pay.

You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Site. You will update account and payment information as necessary to ensure the completion of transactions. Sales tax will be added where applicable.

We reserve the right to correct pricing errors and to refuse orders. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same account, payment method, or billing/shipping address. We also reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

7. Return/Refunds Policy

All sales are final, and no refunds will be issued unless the product is damaged or not as described.

8. Prohibited Activities

You may not access or use the Site for any purpose other than its intended use. Specifically, you agree not to:

Systematically retrieve data or content from the Site to create or compile a database or directory without written permission from us.
Trick, defraud, or mislead us or other users, especially to learn sensitive account information.
Circumvent or disable security features of the Site, including features that prevent or restrict copying of Content.
Disparage or harm us or the Site in any way.
Use the Site to harass, abuse, or harm others.
Use the Site in a manner inconsistent with applicable laws or regulations.
Engage in unauthorized framing or linking to the Site.
Upload or transmit harmful material such as viruses, Trojan horses, or excessive spamming.
Engage in automated uses, like data mining or scripts, to send comments or messages.
Attempt to impersonate another user or person.
Upload or transmit material that collects information without consent (e.g., cookies, web bugs).
Interfere with or create an undue burden on the Site or its networks.

You may not use the Site or its Marketplace Offerings for any commercial purpose that is not explicitly authorized by us.

9. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality (collectively, “User Generated Contributions”). By submitting User Generated Contributions to the Site, you agree that your contributions will not:

Violate any intellectual property rights or rights of privacy of others;
Be defamatory, libelous, offensive, obscene, or otherwise unlawful;
Promote illegal activities or provide instructions on how to conduct illegal activities;
Contain software viruses or other harmful code;
Impersonate another person or entity.

We are not responsible for the content of any User Generated Contributions. By submitting such contributions, you grant us a perpetual, irrevocable, and royalty-free license to use, modify, publish, and distribute such content.

10. Contribution License

By submitting User Generated Contributions, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute the Contributions in any media formats or distribution methods (whether known or later developed) for any purpose. You waive any moral rights you may have to the Contributions.

11. Guidelines for Reviews

If you post reviews or ratings of Marketplace Offerings, you agree that your review:

Is truthful and based on your genuine experience with the Marketplace Offerings;
Will not violate the intellectual property rights or privacy of others;
Does not contain harmful or offensive content;
Is not intended to manipulate the ratings or review process.

We may remove any review that violates these guidelines, and you agree that we are not liable for any reviews you post.

12. Social Media

You may be invited to follow us on social media platforms or participate in our social media campaigns. By doing so, you agree to adhere to the rules and guidelines set forth by the respective platforms. We reserve the right to remove any comments or posts that we deem inappropriate, offensive, or harmful to the community.

13. Submissions

You may submit suggestions, ideas, feedback, or other content ("Submissions") to us via the Site. By submitting any Submissions, you agree that we may use, reproduce, display, distribute, and otherwise exploit them without any obligation to compensate you.

14. Site Management

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms of Use;
Take appropriate legal action against anyone who violates the law or these Terms of Use;
Remove or disable access to the Site for any reason at our discretion;
Manage the Site in a manner that protects our rights and the rights of our users.

15. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which outlines how we collect, use, and share your personal information. Please review our Privacy Policy to understand our practices regarding data privacy.

16. Term and Termination

These Terms of Use will remain in full force and effect as long as you continue to use the Site or the Marketplace Offerings. We may suspend or terminate your access to the Site at any time, with or without cause, and with or without notice. Upon termination, your rights to use the Site and Marketplace Offerings will cease immediately.

17. Modifications and Interruptions

We reserve the right to modify, update, or temporarily suspend the operation of the Site at any time without notice. We are not responsible for any disruption or interruption of access to the Site. You agree that we shall not be held liable for any modifications, interruptions, or errors in the Site’s operation.

18. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction where our company is based, without regard to its conflict of law principles. You consent to the exclusive jurisdiction and venue of courts located in that jurisdiction.

19. Dispute Resolution

Any dispute arising out of or related to these Terms of Use shall be resolved in accordance with Trustap's Terms of Service. By agreeing to these Terms, you waive any right to a jury trial or participation in class-action litigation.

20. Corrections

We reserve the right to correct any errors, inaccuracies, or omissions on the Site at any time and without prior notice. This includes changes to pricing, availability, and descriptions of Marketplace Offerings.

21. Disclaimer

The Site and the Marketplace Offerings are provided "as is" without any warranty of any kind. We make no representations or warranties regarding the accuracy, completeness, or reliability of the Site or the Marketplace Offerings.

22. Limitations of Liability

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or Marketplace Offerings, even if we have been advised of the possibility of such damages.

23. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our employees, agents, and contractors from any claim, damage, loss, or liability, including legal fees, arising out of your violation of these Terms of Use.

24. User Data

We may collect and process your personal data in accordance with our Privacy Policy. By using the Site, you consent to our collection and use of your data as described therein.

25. Electronic Communications, Transactions, and Signatures

By using the Site, you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements for written communications.

26. Miscellaneous

These Terms of Use, together with any supplemental agreements, constitute the entire agreement between you and us regarding your use of the Site. If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full effect.

27. Contact Us

If you have any questions regarding these Terms of Use, please contact us at:

Public Pro Shop
Trustap LTD
1-2 St Patrick’s Quay, Victoria Quarter, Cork T23 CY5X
Email: support@publicproshop.com

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