Golfer Terms and Conditions

Published: 19-Sep-2016      Updated: 14-Oct-2019
  1. General

    1. These Terms govern your use of our websites, including but not limited to golfer.com.au and tour.golfer.com.au (the Sites) and form a binding contractual agreement between you, the Customer of our Sites and us, Australian Golfer Pty Ltd (ABN 57 147594625) "Golfer". For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use our Sites and/or Services.
    2. Additional terms and conditions may apply to our individual websites, products and services, and these will be clearly available when accessing them.
    3. By signing up, subscribing, or purchasing any product from the Sites or using our Services, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
    4. You warrant that:
      1. you are at least 18-years-old and you are legally capable of entering into binding contracts; or
      2. if you are under 18-years-old, you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf; or
      3. if you are browsing and propose to use the Services on behalf of a business, you are authorised to enter into transactions on behalf of that business and the business agrees to be bound by these Terms.
    5. If you do not agree to these Terms, you may not access or otherwise use the websites, products or Services offered on or through the Sites.
  2. Digital Signature

    1. By registering on any of the Sites or signing an agreement from us that is linked to these Terms, you are deemed to have executed these Terms effective on that date. Doing so constitutes an acknowledgement and acceptance that you are able to electronically receive, download, and print these Terms.
  3. Definitions

    In these Terms:
    • Member means a registered User on the Sites, whether as a Subscriber or a Basic Member or a Premium Member.
    • Basic Member and Free Member means a registered User of the Sites and Services who has opted not to pay a Membership Fee and is granted access to basic functionalities of the Sites and the Basic Membership Scope of Services.
    • Premium Member means a registered User of the Sites and Services who has opted to pay a Membership Fee and is granted access to additional functionalities of the Sites and the Premium Membership Scope of Services. There are different types of Premium Members including both personal and business.
    • Subscriber means a person who has opted-in to receive communications from Golfer via email, SMS or other methods.
    • Account means the Member's information as well as User settings stored with us.
    • Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Golfer to you.
    • Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
    • Facility means a Member's golfing facility, business or other information listed on the Sites.
    • Facility Listing means profiles and information regarding a Member's Facility listed on the Sites by the Member using the Services.
    • Membership Fee means the cost to be a Premium Member, outlined in the membership options pages on the Sites.
    • Member Materials means any data, text, software, images, audio or video material and other content, in any medium whatsoever posted by Members on the Sites and Services in any manner, including but not exclusive to Facility Listings.
    • Drone Footage means the footage of some Premium Member's golfing facilities captured by drone, which forms part of some Premium Member's scope of Services.
    • Services mean:
      1. the online platform is provided by Golfer through the Sites to provide information and news regarding Facilities as well as to sell products and services;
      2. the Services enable certain Members to publish and maintain Facility Listings for their Facilities and to provide information such as memberships at various Facilities, function bookings, corporate days, accomodation, travel, social golf, facility reviews, details regarding any PGA Professionals at the Facilities as other products and services; and
      3. includes any Services currently offered by Golfer and any Services or products that Golfer may choose to offer in the future.
    • Sites means the websites located at the domains listed in 1. above, as well as any related domains these Terms may appear on.
    • Terms means these Sites Terms and Conditions and the documents referred to in it.
    • You means you, the person using the site in your capacity as a User.
    • User means a person who gains access to the Sites and Services, whether as a registered User or casual website browser.
    • Us, We, Our means Golfer.
  4. Accessing the Sites

    1. You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Sites may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
    2. All Content and Services provided on or through this Sites are provided "AS IS" and "AS AVAILABLE" for your use.
    3. The Content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Sites and the Services is solely at your risk.
    4. We reserve the right to withdraw or amend the Services and Content we provide on the Sites without notice. We may restrict access to some parts of or the entire Sites or Services, from time to time.
  5. Registration Information and Passwords

    1. You do not need to register to the Sites in order to view the Facility Listings and other news and information on the Sites. However, to obtain full access to the Services, registration is required. Any personal data or information provided by you is processed by us in accordance with our Privacy Policy. By registering to any of the Sites and providing any such data or other personal information:
      1. you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
      2. you agree to the terms of our Privacy Policy (link at the top of this page and on the registration pages on the Sites).
    2. During the registration process, you will be asked to select a password for your Member account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your Member account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your Member account.
    3. Membership Fee Payment Methods
      1. If registering as a Premium Member, the Membership Fee may be paid using the various payment options provided such as Paypal, Credit Card and Direct Debit. You acknowledge and agree that Golfer will not be liable for any loss or damage arising out of your use of a third party payment gateway. Golfer advises that you should read and understand the terms and conditions of the third party payment gateway prior to using them (details are provided at time of payment).
      2. All Membership Fees are shown in AUD($) in Australia. We are required to charge TAX (GST) which will be shown on your invoice and receipt.
      3. You acknowledge and agree that some banks and financial institutions may charge you an additional fee for specific transactions.
  6. Scope of Services

    1. General
      1. The Sites and Services are provided to Members for personal and business use only.
      2. The Sites allows for Users to browse Facility Listings, browse and comment on news and information and purchase products and services both from Golfer as well as Members and Merchants of the Sites. Golfer provides the Sites as a platform only.
      3. Golfer does not recommend or endorse any particular Facilities or Facility Listings or Merchants. The Sites and Services are not designed to provide qualitative advice regarding the fitness for purpose and suitability of any Facilities. Golfer strongly advice Users to exercise caution and do their own due diligence and inspections prior to engaging any Facilities.
      4. The Sites and Services are intended for browsing and use by individuals and businesses based in Australia.
      5. Members agree to provide all the information and materials as may reasonably be required by the Sites and Services in relation to transactions conducted on, or through, or as a result of the use of the Sites and Services. We have the right to suspend or terminate any Member account if the Member fails to provide the information and materials as required by the Sites and Services.
      6. We may refuse to process Facility Listing for any reason or refuse to provide the Services to anyone at any time at our sole discretion. The Sites or Golfer will not be liable to you or any third party by reason of such a refusal or by reason of the unwinding or suspension of any transaction after processing has commenced.
    2. Member Scope of Services
      1. There are various Member registration options (both freeand paid) each with different features and functionalty.
      2. The features for each Member Account type are outlined on the registration page(s) on the Sites and may also be customised on any particular Account.
    3. Basic Member Scope of Services
      1. The Services allow Basic Members to create an account and access our products and Services.
      2. Some Basic Members can create and maintain a Facility Listing with their own Intellectual Property. Basic Members warrant that they hold all rights and licences to reproduce and use any Intellectual Property incorporated into their Facility Listings.
      3. Basic Members may cancel their Membership at any time.
    4. Premium Member Scope of Services
      1. In addition to the functionality in the above Basic Member Scope of Services, in consideration of the Membership Fee, Premium Members (both personal and business users) are granted access to additional functionality for the Sites and Services including but not limited to:
        1. Personal users:
          1. Exclusive Member offers and discounts;
          2. Access Member handicap information (if applicable);
        2. Business users:
          1. Featured listing on the website;
          2. Promote and sell products and Services;
          3. Optional Drone Footage of the Facility;
          4. Optional photographs of the Facility;
          5. Create a Member website
          6. Upgraded Facility Listing; and
          7. Unlimited website enquiries.
  7. Refunds / Cancellations

    1. Premium Memberships, Products and Serices

      1. Premium Memberships and other products and Services sold on the Sites are generally non-refundable once payment has been made.
      2. Please contact us if you have special circumstances and would like to request a credit.
    2. Third Party Products and Services on our Sites

      1. Certain products and Services advertised on the Sites are purchased directly via the Third Party payment gateway and/or websites. Please contact the third party directly regarding their returns and refunds policy.
    3. Consumer Right Under the Law

      1. You have consumer rights under the law. We will always do our best to comply with any applicable Laws.
      2. Australia consumer rights, visit: https://www.accc.gov.au/consumers/consumer-rights-guarantees
  8. Referrals - "Refer a Friend"

    1. When you refer someone to any of our Sites using the referral link on the Sites, if that person visits the website and purchases any product, Voucher or Service from Us, your account will be credited the stated referral fee, as long as the person referred is not already a Member of any of our sites.
    2. This credit will automatically applied to the next item you purchase form us - the amount will be displayed in your shopping cart.
  9. Disclaimer

    1. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
    2. The Sites contains a directory of Facility Listings. The directory is populated with information from third party sources, from Members, and from other Users. Golfer provides this directory as a convenience and does not confirm or verify the information contained in it.
    3. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Facility Listings or the Content contained on the Sites for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Sites will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Sites or the Services.
  10. Third Party Websites

    1. The Services or any Facility Listing may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by Golfer. We are not responsible for the content of those websites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
    2. We make no representation about any other website you access through this one. Please understand other websites are independent from our Sites so we do not accept responsibility for such websites.
  11. Golfer Intellectual Property

    1. General
      1. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
      2. We own and retain all proprietary rights to the Sites, the Services provided through the Sites, and all associated Intellectual Property rights. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Sites and Services to create, display, use, play, and download Content subject to these Terms.
      3. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
      4. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
    2. Drone Footage
      1. All Drone Footage and Intellectual Property rights relating to the Drone Footage are the owned by Golfer. Premium Member are granted a limited, non-exclusive, non-transferrable right to use the Drone Footage for internal marketing purposes only, including use on the Premium Members' website. The Premium Member must not use the Drone Footage for any other purpose without the prior written consent of Golfer.
  12. Member Intellectual Property

    1. You must not add any Member Materials to the Site:
      1. unless you hold all necessary rights, licences and consents to do so;
      2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
      4. that is unsolicited, undisclosed or unauthorized advertising;
      5. that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      6. that would bring us, or the Sites, into disrepute; or
      7. that infringes the Intellectual Property or other rights of any person.
    2. You agree to keep all records necessary to establish that your Member Materials does not violate any of the requirements above and make such records available upon our reasonable request.
    3. You retain ownership of your Intellectual Property and proprietary rights in any Member Materials. These Terms does not prevent you front granting non-exclusive rights to use your Member Materials to others.
    4. You also grant to Golfer, its successors and affiliates, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Materials and your name, voice, or likeness hereafter developed, for use in connection with the Sites and Services, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats through any media channels.
    5. You also grant each User a non-exclusive licence to access your Member Materials through the Sites, and to use, reproduce, distribute, display, and perform such Member Materials, only to the extent permitted through the normal functionality of the Sites and subject to all confidentiality and other provisions of these Terms.
    6. The above licences granted by Members will terminate within a commercially reasonable time after the Member removes or deletes the Member Materials from the Sites, except that the Member grants Golfer, its successors and affiliates, the irrevocable and perpetual licence to retain and use, but not publicly display, distribute, or perform, server, or archival copies of all Member Materials that you have removed or deleted to the extent permitted by applicable law.
    7. We are under no obligation to regularly monitor the accuracy or reliability of Member Materials appearing on the Sites or using the Services. We reserve the right to modify or remove any Member Materials at any time.
    8. You hereby grant Golfer a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to Member Materials worldwide or to incorporate Member Materials in other works in any media now known or later developed for the full term of rights that may exist in Member Materials.
    9. Any opinions, advice, statements, services, offers, or other information or Member Materials expressed or made available by Members are those of the respective author(s) or distributor(s) and not of Golfer.
  13. Fair Use

    1. You must not:
      1. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the Services without the prior written consent from Golfer; or
      2. disassemble, decompile or otherwise reverse engineer all or any portion of the Sites, Services or Content; or
      3. impose or attempt to impose an unreasonable or disproportionately large load, as determined by Golfer in its sole discretion, on the Site's and Services' infrastructure; or
      4. interfere or attempt to interfere with the normal course and process of the Services; or
      5. bypass any computer systems or secured networks connected to the Services; or
      6. use manual or automated software, devices, or other processes to harvest or scrape any Content from the Sites and Services; or
      7. do any other act that may constitute an improper use of the Sites and Services, as determined by Golfer in its sole discretion.
  14. Limitation of Liability and Indemnity

    1. You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Sites.
    2. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
    3. We do not endorse any Facility Listings, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Facility Listings due to information provided by Members. It is your sole responsibility to undertake due diligence into the Facility Listings and inspections at the relevant Facility.
    4. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Sites and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Sites and Services. You must not assign or otherwise dispose of Customer account to any other person.
    5. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
    6. As a condition of your access to and use of the Sites, you agree to indemnify Golfer and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
      1. your access to and use of the Sites and Services; or
      2. your breach of these Terms and any applicable law or the rights of another person or party.
    7. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
  15. Termination

    1. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Sites and Services, and/or your registration, or suspend or block your access to the Sites and Services.
    2. We may terminate or suspend your access to the Sites or Services if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
    3. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
    4. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Sites or by sending a communication to any address (email or otherwise) that we have for you in our records.
  16. Notice

    1. By using the Sites and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites.
    2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
    3. Notice will be deemed received and properly served immediately when posted on the Sites, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
      1. for letters, the letter was properly addressed, stamped and placed in the post; and
      2. for emails, the email was sent to the specified email address.
  17. No Waiver

    1. If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
    2. If we waive a default, it does not constitute a waiver of any subsequent defaults.
    3. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
  18. Force Majeure

    1. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
      1. acts of god;
      2. natural disasters;
      3. sabotage;
      4. accident;
      5. riot;
      6. shortage of supplies, equipment, and materials;
      7. strikes and lockouts;
      8. civil unrest;
      9. computer hacking; or
      10. malicious damage.
  19. Severability

    1. If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
  20. Entire Agreement

    1. These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Golfer, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Sites and Services.
    2. We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
  21. Governing Law

    1. These Terms is governed by the laws of the State of NSW, Australia and each party submits to the jurisdiction of the courts of the State of NSW, Australia.
  22. Updates to These Terms

    1. We reserve the right, in our discretion, to correct any errors or omissions in any part of the Sites and Services. We may restrict access to parts or the entire Sites and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
    2. Any material on the Sites and Services may be out of date at any given time and we are under no obligation to update such material.
    3. We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Sites and will be effective immediately, unless expressed otherwise.
    4. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Sites and Services. Your continued use of the Sites and Services will be deemed as your acceptance thereof.
    5. We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.

Contact Us

If you have questions about this Privacy Policy, our privacy practices, or our Services, you may contact us by email at [email protected]. We endeavour to respond to all requests, enquiries, and concerns within seven (7) days of receipt. General enquiries may also be directed to:

Golfer

Australia / Head office
Australian Golfer Pty Ltd - ABN 57 147594625
Suite 301, 50 Clarence Street, Sydney, NSW 2000
PH: +61 02 80113182

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