Please read these terms carefully before using GemTees.com or GemTees.ie. By accessing or using this website you agree to be bound by them in full.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Rise Investments Limited, a company incorporated under the laws of Ireland ("Company", "we", "us", "our"), operator of the websites located at GemTees.com and GemTees.ie (collectively, the "Website").
By accessing, browsing or using the Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of the Website.
These Terms apply to all visitors, users, and others who access or use the Website, whether or not they register an account.
All content published on or made available through GemTees.com and GemTees.ie — including but not limited to golf course data, rankings, descriptions, ratings, classifications, green fee information, curated trip itineraries, editorial commentary, photography, illustrations, graphics, logos, icons, user interface design, software, source code, and the selection and arrangement of all such materials (collectively, the "Content") — is the exclusive property of Rise Investments Limited and is protected by Irish and international law. The following two rights apply separately, independently, and cumulatively. Infringement of either is sufficient to give rise to liability; infringement of both compounds that liability.
Copyright Protection. The selection, arrangement, editorial curation, and original expression embodied in the Content constitutes an original literary and artistic work protected by copyright under the Copyright and Related Rights Act 2000 (CRRA 2000) and the Berne Convention. Unauthorised reproduction, adaptation, or communication to the public of any such work constitutes copyright infringement.
Sui Generis Database Right. Separately from and independently of copyright, the compilation and presentation of golf course data on this Website constitutes a database in which Rise Investments Limited has made a substantial investment in obtaining, verifying, and presenting the data. Rise Investments Limited asserts the full sui generis database right under the European Union Database Directive (96/9/EC) as implemented by the European Communities (Protection of Databases) Regulations 2001 (S.I. No. 306 of 2001) and under the CRRA 2000. This right protects against extraction or re-utilisation of the database contents regardless of whether individual facts or data points are independently copyrightable.
Continuous Renewal of Database Right. Rise Investments Limited continuously invests in the database through the ongoing addition of new course records, updated green fee data, revised rankings, editorial updates, new photography, and other new content. Each such substantial new investment restarts the 15-year term of the sui generis database right from the date of that investment. The database right protecting this Website is therefore effectively continuous and always current.
Qualitative Substantiality. "Substantial" for the purposes of these Terms and applicable law is assessed both quantitatively and qualitatively. The extraction of a numerically small portion of the database may nonetheless constitute extraction of a qualitatively substantial part where that portion represents the most valuable, most commercially significant, or most sought-after data within the database — including, without limitation, rankings, ratings, green fee data, or any curated selection of courses. A defendant cannot avoid liability by arguing that the number of records taken was small.
Any unauthorised reproduction, extraction, re-utilisation, scraping, copying, redistribution, republication, framing, deep-linking, mirroring, or commercial exploitation of the Content or any portion thereof — by any means, whether automated or manual — is strictly prohibited and constitutes a material breach of these Terms and an infringement of Rise Investments Limited's intellectual property rights.
You may not, without the prior written consent of Rise Investments Limited:
Technical Measures. The Website employs technical measures to detect and prevent automated access and unauthorised data extraction. Circumventing or attempting to circumvent these measures constitutes a further and independent breach of these Terms, in addition to any other infringement that may arise.
Criminal Liability. Unauthorised access to or extraction of data from this Website may also constitute a criminal offence under applicable Irish legislation, including the Criminal Justice (Theft and Fraud Offences) Act 2001 and provisions relating to computer misuse under Irish law. Rise Investments Limited expressly reserves the right to refer any suspected infringement to An Garda Síochána and relevant prosecuting authorities, and will do so as a matter of course.
Permitted use is limited to personal, non-commercial browsing of the Website solely for the purpose of planning golf travel in Ireland. Any other use requires the express prior written authorisation of Rise Investments Limited.
Rise Investments Limited has made substantial commercial investment in creating, verifying, curating, and maintaining the database underlying this Website. The following provisions apply in the event of any unauthorised extraction, re-utilisation, possession, or use of Content in breach of Section 2 above, and represent a genuine pre-estimate of the loss that would be suffered by Rise Investments Limited in such circumstances, having regard to the Company's investment in obtaining and verifying that data and the commercial value of the database to the Company's business.
Basis of Estimate. The per-record figures below reflect a genuine pre-estimate of loss calculated by reference to: the direct staff costs of researching, sourcing, and verifying each course record; the cost of original photography and editorial production attributable to each course; the proportionate cost of the technical infrastructure used to collect, store, and present the data; the ongoing cost of maintaining and updating each record over time; and the commercial licensing value of each record as a component of the database as a whole. These figures are not punitive. They are a reasonable reflection of the investment made by Rise Investments Limited in building and maintaining this database, and of the competitive harm caused by each unauthorised extraction.
Liquidated Damages — Extraction Charge. In the event of any unauthorised extraction or re-utilisation of Content, the infringing party agrees to pay Rise Investments Limited a sum of €5,000 per course record extracted or re-utilised. This charge is payable immediately upon extraction and applies regardless of how many individual fields within a course record are taken — extraction of any data from a course record triggers the full charge for that record. The minimum claim under this provision is €5,000, which is due irrespective of any subsequent deletion or destruction of the extracted data.
Liquidated Damages — Ongoing Possession and Use. In addition to the extraction charge above, the infringing party agrees to pay €500 per course record per day for each day on which the infringing party: (a) retains possession of the extracted Content in any form; (b) uses, displays, publishes, or derives benefit from the extracted Content in any form; or (c) has failed to provide Rise Investments Limited with certified written confirmation of the complete and permanent destruction of all copies of the extracted Content. The daily charge begins on the date of extraction and ceases only upon Rise Investments Limited's receipt of such certified written confirmation of destruction. The daily rate applies cumulatively across all extracted records.
Floor, Not Ceiling. The liquidated damages set out above are a contractual minimum floor only and are without prejudice to any and all other remedies available to Rise Investments Limited under these Terms, at law, or in equity. They do not cap or limit the total liability of the infringing party in any way.
Account of Profits. Rise Investments Limited reserves the right, at its sole election, to claim an account of all profits made by the infringing party — or by any company, entity, or individual connected to the infringing party — arising directly or indirectly from the unauthorised extraction or use of Content, as an alternative to or in addition to damages. The burden of proving that any portion of profits is not attributable to the infringement lies entirely with the infringing party. Failure to provide clear, complete, and independently audited evidence of such apportionment will be treated as an admission that all profits of the infringing party's business arose from the infringement.
Exemplary Damages. Where infringement is found to have been deliberate, profit-driven, or conducted with conscious disregard for Rise Investments Limited's rights, the Company further reserves the right to seek exemplary damages in addition to all other remedies.
Personal Liability of Directors and Officers. Where the infringing party is a company or other legal entity, the directors, officers, and controlling shareholders of that entity shall be jointly and severally personally liable for all sums due under this Section to the extent that they authorised, directed, permitted, or had knowledge of the infringement and failed to prevent it. This provision shall not be limited by any corporate veil or limited liability protection.
Full Indemnity Legal Costs. The infringing party agrees to pay all legal costs, professional fees, and expenses incurred by Rise Investments Limited in investigating, pursuing, and enforcing its rights under these Terms, on a full indemnity basis. This is not limited to the standard party-and-party costs basis that courts award by default and applies regardless of whether proceedings are issued.
Criminal Referral. Rise Investments Limited will refer all suspected infringements to An Garda Síochána and, where applicable, to relevant regulatory and prosecuting authorities. Civil proceedings and criminal referral are not mutually exclusive and will proceed simultaneously where Rise Investments Limited considers it appropriate.
Injunctive Relief. The infringing party acknowledges that any breach of Section 2 would cause immediate and irreparable harm to Rise Investments Limited for which monetary damages alone would be an inadequate remedy, and the infringing party hereby consents to the granting of injunctive or other equitable relief by a court of competent jurisdiction without the requirement to post bond or other security and without the need to establish actual loss.
In plain terms: If you extract data from this Website without authorisation, you owe €5,000 for every course record you take the moment you take it, plus €500 per record for every single day you hold it, plus every euro of profit you make from it, plus our full legal costs. Directors of any infringing company are personally liable. There is no cap on total liability. We will pursue every available remedy in the Irish courts and we will refer the matter to An Garda Síochána.
Subject to these Terms, Rise Investments Limited grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use only.
In using the Website you agree that you will not:
Rise Investments Limited reserves the right to terminate or suspend your access to the Website at any time, without notice, for any breach of these Terms or for any other reason at its sole discretion.
While Rise Investments Limited endeavours to ensure that the information contained on this Website is accurate and up to date, the Website is provided for general informational and travel-planning purposes only. Golf course rankings, ratings, classifications, and associated data are subject to change. We make no representations or warranties of any kind, express or implied, as to the completeness, accuracy, reliability, suitability, or availability of the Content.
You should independently verify any information before relying upon it for the purpose of making travel bookings, financial decisions, or any other material decisions.
The Website and all Content are provided on an "as is" and "as available" basis, without any warranty of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Rise Investments Limited expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Rise Investments Limited does not warrant that the Website will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected.
To the maximum extent permitted by applicable law, Rise Investments Limited, its directors, officers, employees, agents, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, business interruption, or any other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the Website or Content, even if Rise Investments Limited has been advised of the possibility of such damages.
In no event shall Rise Investments Limited's total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Website exceed the amount of one hundred euros (€100).
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Rise Investments Limited. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We strongly advise you to review the terms and privacy policy of any third-party website you visit.
The inclusion of any link does not imply endorsement by Rise Investments Limited of the linked website or any association with its operators.
Where Rise Investments Limited shares your personal data with third-party partners — including golf clubs, accommodation providers, or tour operators — in connection with an enquiry or request you have submitted, such sharing occurs only on the basis of your explicit consent, obtained separately at the point of form submission and not bundled into acceptance of these Terms. Rise Investments Limited accepts no liability for the acts or omissions of any third party following such referral.
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.
You agree to defend, indemnify, and hold harmless Rise Investments Limited and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party rights, including without limitation any intellectual property or privacy right; or (d) any claim that your use of the Website caused damage to a third party.
Rise Investments Limited reserves the right, at its sole discretion, to modify or replace these Terms at any time. Where changes are material, we will provide reasonable notice by posting the updated Terms on this page. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.
Rise Investments Limited also reserves the right to modify, suspend, or discontinue the Website (or any part thereof) at any time without notice and without liability to you.
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Rise Investments Limited reserves the right, at its sole election, to bring proceedings against any party in breach of these Terms in the courts of Ireland or in the courts of any jurisdiction in which that party is domiciled, incorporated, or carries on business, or in which the relevant act or omission occurred. You irrevocably submit to the jurisdiction of whichever court Rise Investments Limited elects and waive any objection to proceedings being brought in that jurisdiction.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with any policies or guidelines incorporated herein by reference, constitute the entire agreement between you and Rise Investments Limited with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
The failure of Rise Investments Limited to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
If you have any questions about these Terms, or wish to request permission to use any Content on this Website, please contact Rise Investments Limited at:
Rise Investments Limited
GemTees.com / GemTees.ie
Ireland
legal@gemtees.com