Last Updated: June 10, 2019
Welcome to the Backspin Program, a part of the Gimme Platform where Users can lease golf clubs directly from Gimme (``Backspin Service``). Gimme’s Backspin program has been designed to allow golfers to get the latest technology in golf equipment in an affordable way.
By using or otherwise accessing the Backspin Service you agree to the terms of this Agreement, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE BACKSPIN SERVICE. Please note that we offer the Backspin Service ``AS IS`` and without warranties. If you use the Backspin Service on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the Backspin Service or accept the Agreement if you are not at least 18 years old.
We strive to improve the Backspin Service for you, so our Terms may change from time to time. We’ll make sure to change the ``Last Updated`` date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, We shall notify you via message or by means of a prominent notice on the Gimme Platform. By continuing to use the Gimme Platform following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of these Terms or with any changes that we make to these Terms, please do not use the Backspin Service.
1. The Backspin Service. The Backspin Service is a lease agreement (``Lease``) between you and Gimme for the golf club(s) (``Clubs``) you choose, and for the period of time for which such Clubs are leased to you (``Lease Term``). You do not own the Club(s). You are not allowed to sublease, pawn, pledge or otherwise encumber the Club(s) in any manner whatsoever. The Club(s) and materials sent with the Club(s), which include the cover and the wrench tool, but exclude the shipping box and packaging (the ``Club Materials``), exclusively remain the property of Gimme, and you must return the Club Materials to us upon the cancellation, return or termination of the Lease Term for any reason unless you elect to purchase the Club pursuant to any Buy-Out Option as permitted and defined herein. Your Lease will continue in effect on a month to month or week to week basis following the expiration of the Initial Lease Term unless and until you cancel your Lease or we terminate it. The Club(s) we lease is strictly for personal and non-commercial use. We agree to deliver Club(s) to you and grant you a license to access the Backspin Service for that limited purpose only. Any unauthorized use of the Website will terminate your Lease and the limited license granted by us.
1.1 The Clubs. The Backspin Service is only available for certain Clubs. We make an effort to include the most popular Clubs of every season. You can find all the offers in the Deals section of the Gimme Golf App. The Club(s) sent to you will be brand new (unless otherwise specified in listing). We obtain our Club(s) from various manufacturers, distributors, resellers and other third parties. We may list Deals for Used Clubs. Used Club(s) are those that have been returned to us by our customers after they’ve upgraded or canceled their lease. The condition of the Club(s) will be available for review within the individual Club listing on the Gimme Platform. Prices and availability are subject to change without notice. We also reserve the right to limit quantities.
1.2 Content, Pricing, and Accuracy. All features, content, availability, specifications, Clubs, and prices of Clubs described or depicted within the Backspin Services are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our Clubs and ensure that information is complete, accurate and up-to-date. Despite our efforts, the information may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information. For example, Clubs included in the Backspin Services may be unavailable or may carry a different price than what is stated. In the event of a pricing error or discrepancy with respect to Clubs, we reserve the right to cancel any request for such Clubs. The inclusion of any Clubs at a particular time does not imply or warrant that such Clubs will be available at any other time.
1.3 Shipping. When a Club order is placed, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Gimme Platform. All Club leases are made pursuant to a subscription agreement.
1.4 Confirmation, Cancellation and Coupons. While it is Gimme’s practice to confirm online Leases via email, the receipt of an email order confirmation does not constitute our acceptance nor our confirmation of an offer to lease the Club(s). We reserve the right, without prior notice and at any time: (a) to limit the lease quantity and/or to refuse fulfillment of any lease; (b) to bar any user from making or completing a transaction; and (c) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. For clarification, leases may be limited or canceled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any Clubs. For Clubs leased via the Backspin services using a credit card, an authorization may be placed on your credit card when you place an order. Partial shipment or partial cancellation of orders may occur.
1.6 Account. By registering for an account or placing a subscription order, you represent that the Clubs ordered will be used only in a lawful manner and as intended by such manufacturer. By accessing the Gimme Platform, you consent to have this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for our Services or provide any contact information, including an email address or cellphone number in connection with that activity, or service (``Contact Information``), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Clubs or Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
2. Term and Termination. Please refer to Section 13. of the general Gimme Terms of Service. In addition:
Term Commitment. Refers to the number of days/weeks/months and related payments that you are committing to complete. You will not be able to cancel or upgrade your item until you have completed that
2.1 Term Commitment. At the end of the Term Commitment, you may either (i) upgrade your subscription by selecting a new club from the available deals, (ii) keep the Club(s) while continuing to make your recurring payments, or (iii) cancel your subscription by clicking on the ``cancel`` button in the Gimme Golf App and following the instructions to return the Club(s) to Gimme. Even after clicking the ``cancel`` button, payments will continue until the Club(s) are received by Gimme.
2.2 Effective Dates and Billing Cycle. We typically ship the item(s) to you within 1-3 business days from the date you sign up and pay for your subscription (``Effective Date``). If the Effective Date is on the 10th of the month, you would be billed on the 10th of every month of the Lease Term. In addition, using the same example, the billing cycle (the ``Billing Cycle``) is considered to be from the 10th of the current month to the 9th of the following month.
2.3 Customer’s obligations and liabilities with respect to the use of the Backspin Services incurred prior to the termination of your relationship with Gimme shall survive the termination of these Terms for all purposes. These Terms shall be effective unless and until terminated by either Gimme or Customer.
2.4 Early Termination. You may cancel your Lease at any time, but you will still be responsible for payment of all Subscription Fees through the entire Term Commitment.
2.5 Buyout Term. At the end of the Term Commitment, Customer’s Club(s) become Upgrade eligible and/or the Customer may elect to cancel its Lease. However, the Customer may also elect to keep using the Club(s) beyond the Term Commitment. In such case, if the Customer keeps and continues to pay for the Club(s) for the additional amount of time as provided by Gimme (``Buyout Term``) then Customer will own the Club(s) outright. For example, if Customer selects a driver for $30/month for a Term Commitment of twelve (12) months, and then continues to pay for the Club for an additional (8) months (or another period of time as specified in the Buyout Term), the Customer would then own the Club at the end of month twenty (20). In addition, the Customer may elect to purchase the Club(s) prior to the expiration of the Buyout Term by paying the Buyout Price. The Buyout Price is equal to the sum of all remaining monthly payments in the Buyout Term minus the amount of one monthly payment. After the Buyout Term is completed or the Buyout Price is paid, Gimme will cancel your Lease and send you your final account and purchase summary.
3.1 Once you have completed the specified payments in the Term Commitment, you will be eligible for an Upgrade.
3.2 You will be able to select your new product based on the matching upgradeable items available. We reserve the right to decide which Club(s) you can upgrade to from your prior Club(s).
3.3 Upgrading to same priced Club(s). Upon subscribing to an Upgrade of a same-priced item, your Lease will continue with the same payment dates. However, a new Term Commitment will begin based on the subscription details.
3.4 Upgrading to differently price Club(s). Upon subscribing to differently priced Club(s), a new Lease (same or similar length as prior Lease) will commence based on the Effective Date of the Upgrade.
3.5 Upon placement of the Upgrade, the new Club(s) will be shipped to you, and materials will be sent to you free-of-charge for the return of the previously leased Club(s) and Club Materials to Gimme. The prior Lease Term will be automatically terminated when we receive the previously leased Club(s) and Materials, provided the previously leased Club(s) are in good condition.
3.6 Gimme reserves the right to refuse Upgrades at any time and for any reason.
3.7 Upgrade Eligibility Fee. Customers may decide to Upgrade Anytime by paying the Upgrade Eligibility Fee. This fee is calculated using the number of months left in the Term Commitment.
4. Access, Rights, and Restrictions. Please refer to Section 3. of the general Gimme Terms of Service.
5. Payment. Please refer to Sections 4.3 and 4.5 of the general Gimme Terms of Service.
5.1 Down Payment Fees. Certain Club(s) may require an upfront payment in addition to the Subscription Fees.
5.2 Ongoing Fees. The customer shall pay the Subscription Fees as set forth in the Lease agreement. By leasing the Club(s), you agree that we are permitted to charge your credit/debit item(s) on a monthly or weekly basis for your Subscription Fee plus any applicable taxes and any other charges you may incur in connection with your use of the Backspin Service.
5.3 Taxes. Taxes will be calculated and charged in addition to the applicable Down Payment and Subscription Fees. Taxes will be charged when you subscribe to a deal based on the full retail price of the Club(s) being leased.
5.4 Payments. The Subscription Fee will be billed in full on the first day of your paid subscription and on the same day of each week or month thereafter, as applicable.
Backspin is not responsible for any additional fees, interest charges, finance charges, overdraft charges, or other fees you incur and that may result from the Subscription Fees billed to you. If you lease additional Club(s) while your first lease is still active, then the Service will create a new subscription that will be billed separately from your first lease with a different monthly billing date. If Gimme is unable to charge your credit card on any payment due date, Gimme will notify you and use any other payment source in your account to process the payment. If Gimme is still unable to process the payment, Gimme will notify you and your account will be in default. If the default is not cured within thirty (30) days, Gimme will look to collect the amount from your Gimme Wallet’s linked bank account.
5.5 In addition, if we discover that any Clubs advertised in the Backspin Service have been mispriced, we will either charge the lower amount and ship you the item if an item’s correct price is lower than our stated price, or (at our discretion) contact you for instructions before shipping or cancel your lease and notify you of such cancellation if an item’s correct price is higher than our stated price.
5.6 I understand that if I have an unpaid balance and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of any fees from the collection agency, including all costs and expenses incurred collecting my account, and possibly including reasonable attorney’s fees if so incurred during collection efforts. In order for Gimme or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that Gimme and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using prerecorded/artificial voice message and/or use of an automatic dialing device, as applicable.
6. Confidential Information. Please refer to Section 6. of the general Gimme Terms of Service.
7. DMCA Copyright Policy. Please refer to Section 8. of the general Gimme Terms of Service.
8. Customer Representations. Please refer to Section 7. of the general Gimme Terms of Service.
8.1 In addition, Customer represents and warrants that:
8.1.1 They are eighteen (18) years of age or older and reside in the United States or the District of Columbia to subscribe to the Backspin Service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY ONLY DO SO UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. Parents who wish to create an account on behalf of their children may do so provided that the parent is the account holder.
8.1.2 They understand and acknowledge that in the event that Subscription Fees are overdue, without limitation of our rights to take actions, the Agreement may be terminated, Clubs may be repossessed, until the delinquent Subscription Fees together with Backspin’s standard late payment fees and interest charges are paid.
8.1.3 They have and will obtain no rights to the Backspin Services except for the limited rights to lease the Clubs and use the Backspin Services expressly granted by this Agreement.
9.1 We use commercially reasonable efforts to ship Club(s) within three (3) business days after receiving your lease order. We currently ship five days per week (Monday through Friday) using USPS, FedEx or UPS Ground. We do not ship during the holidays. We will send you an e-mail when your item(s) has been shipped along with the tracking number as provided by the applicable shipping service. If we do not have your item in inventory it may take up to seven (7) business days to ship your item.
9.2 When upgrading Club(s) and Club Materials, we will send you a prepaid postage label for free-of-charge return shipping. We encourage you to reuse the shipping box and cushioning materials that were sent with the original shipment. We do not reimburse for shipping charges if you elect to ship on your own. If/when you cancel your subscription, the Customer will be responsible for shipping the Clubs and Club Materials back to Gimme.
9.3 If for any reason, a shipment is returned to us as undeliverable, unclaimed or refused, you will be charged ten dollars ($10) or the return shipping fee, whichever is higher, and your Lease will be terminated.
10. Losses, Damages, Returns, etc.
10.1 If the Club(s) are delivered to you damaged (and not damaged in your possession), you need to contact Gimme customer service to inform us of your damaged or unusable Club(s) and request a return. If we accept the return after reviewing your request, we will ask you to return the item, and we will send you a new item within seven (7) days of receiving the damaged item.
10.2 Lost, Unreturned and Damaged Club(s). You agree that we may charge your Account for the current Buyout Price (as defined in section 2.e) of a Club(s) upon the occurrence of any of the following situations:
10.2.1 If you tell us that you lost the Club(s);
10.2.2 If you return a damaged the Club(s);
10.2.3 If Club(s) serial number has been removed and/or defaced or does not match the serial number of the Club(s) sent to you.
10.3 Club(s) may be returned for a FULL refund if all of the following conditions are met:
10.3.1 You’ve contacted Backspin customer service via e-mail to inform us of your damaged or unusable
10.3.2 Clubs(s) within fourteen (14) days after the Start Date (you will then receive an RMA number; Club(s) are in their original packaging;
10.3.3 Club(s) are received by Backspin in the damaged or unusable condition (as previously reported to Backspin customer service);
10.3.4 All Club Materials are returned; and
10.3.5 items are received by us or confirmed as in-transit to us by the shipping service provider within (fourteen) 14 days after informing the Backspin of your damaged or unusable Club(s).
11. Disclaimer of Warranties. Please refer to Section 9. of the general Gimme Terms of Service.
11.1 IN ADDITION, IN THE EVENT OF ANY PROBLEM WITH THE CLUBS THAT YOU HAVE LEASED THROUGH THE BACKSPIN SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH CLUB OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES PROVIDED HEREIN.
12. Privacy. Please refer to Section 10. of the general Gimme Terms of Service.
13. Limitation of Liability. Please refer to Section 11. of the general Gimme Terms of Service.
14.1 You agree to defend, indemnify and hold harmless Gimme, and its respective employees, agents, officers, directors, affiliates, and representatives from damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, ``Losses``) resulting from any and all claims, judgments or proceedings (collectively, ``Claims``) arising directly or indirectly out of: (a) your use of the Backspin Services or Clubs leased by you, including any acts or omissions taken in reliance on the Backspin Services; (b) your breach of this Agreement; or, (c) your violation of applicable law or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. General Provisions. Please refer to Section 14. of the general Gimme Terms of Service.
Contact Information: Gimme, LLC
Address: 2030 S Douglas Rd. Suite 208
Coral Gables, FL. 33134