Indemnity and Terms and Conditions Agreement for AnyBirdie Pte. Ltd.

Introduction

Welcome to AnyBirdie. Please read this Indemnity and Terms and Conditions Agreement ("Agreement") carefully before using our golf simulator facilities ("Facilities"). By accessing and using our Facilities, you signify your agreement to be bound by these terms.

1. Acceptance of Risk and Indemnity

Acknowledgment of Risks: You acknowledge that participating in activities using our Facilities involves inherent risks, including but not limited to the risk of physical injury. You voluntarily assume all risks associated with your participation.

Indemnity: You hereby agree to indemnify and hold harmless AnyBirdie Pte. Ltd., its directors, employees, agents, and representatives from any claims, demands, losses, damages, costs, and liabilities, including legal fees, arising out of or in connection with your use of the Facilities or your breach of this Agreement.

2. Use of Facilities

Compliance with Rules: You must adhere to all operational rules, guidelines, and instructions provided by AnyBirdie Pte. Ltd. while using the Facilities.

Proper Conduct: Disruptive behavior, harassment, or endangering the safety of others is strictly prohibited and may result in immediate termination of your access to the Facilities without refund.

3. Accuracy of Simulation

Please be aware that while AnyBirdie Pte. Ltd. utilizes sensors and technology that are comparable to industry standards, the accuracy of our golf simulator may not perfectly mirror the experience of playing golf in a natural environment. The complexities of real-world golf dynamics cannot be fully replicated by any simulator. Therefore, users should set realistic expectations regarding the precision of simulation results.

Users are expected to engage with the simulator in a manner that reflects fair play and an understanding of the inherent limitations of simulated golf. Misuse of the simulator or intentional manipulation of sensor input to skew results is prohibited and undermines the integrity of the simulation experience for all users.

4. Liability for Inaccuracies

AnyBirdie Pte. Ltd. strives to ensure the highest possible fidelity in our simulation experience. However, we cannot be held liable for any discrepancies or inaccuracies between simulated outcomes and real-world performance. By using our facilities, users acknowledge this limitation and agree not to hold AnyBirdie Pte. Ltd. responsible for any variations between simulated and actual golf performance.

5. Continuous Improvement

Our commitment to delivering a premier golf simulation experience means we are continually seeking to enhance the accuracy and realism of our simulations. Feedback from our users is invaluable in this ongoing effort to refine and improve our technology and processes.

6. Penalties for Non-Compliance

Banning of Users: AnyBirdie Pte. Ltd. retains the absolute discretion to temporarily or permanently exclude individuals from the Facilities for any breach of this Agreement, for engaging in misconduct, or for any behavior judged to be inappropriate or hazardous. This decision is final and aims to ensure a safe and respectful environment for all users.

Cleaning Fee: Users are expected to maintain cleanliness within the Facilities and return their bay to its initial condition post-use. Failure to do so may result in a cleaning fee, the amount of which will be determined by AnyBirdie Pte. Ltd. based on the required cleaning services.

Capacity Limits: Users must comply with the specified capacity limits for each area within the Facilities. Violation of these limits may incur additional charges or restrictions on access, as determined by AnyBirdie Pte. Ltd.

7. Liability for Damages:

Users are fully responsible and liable for any damage inflicted upon the Facilities or its equipment due to their actions. AnyBirdie Pte. Ltd. will assess the extent of the damages and determine the appropriate compensation required.

The calculated damage costs will be charged directly to the payment method used for the booking. Should this payment not process successfully, AnyBirdie Pte. Ltd. will contact the responsible party via phone or email to arrange for payment. Upon being contacted, the individual has 14 days to fulfill the payment obligation.

Failure to comply with this payment procedure may result in additional penalties or legal action to recover the costs incurred.

8. General Terms

Amendment: AnyBirdie Pte. Ltd. may revise this Agreement from time to time. Your continued use of the Facilities after any such changes constitutes your acceptance of the new terms.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.

Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be submitted to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre.

Acknowledgment

By accessing and using our Facilities, you confirm that you have read, understood, and agree to be bound by this Agreement.