This User Agreement was posted on 01 December 2016. It is effective upon acceptance for those users who accept it through registration of an Golf Market account, and from 01 December 2016 for all other users.
In this User Agreement:
"Golf Market" means Australian Golfer Pty Ltd T/A Golf Market
"Golf Market services" means the golfmarket.com.au website and any related Golf Market service or tool.
Welcome to Golf Market. By using the Golf Market services, you agree to the following terms with Golf Market. If you have any questions, please contact Customer Service.
This Agreement is effective on 01 December 2016 for all users and upon acceptance for new users.
Before using the Golf Market services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the Golf Market User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the Golf Market services, or when you use the tools we make available to interact with the Golf Market services. If you use an Golf Market site other than Golf Market.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some Golf Market services may have additional or other terms that we provide to you when you use those services.
- By automatic reversal of the transaction from the seller's PayPal account, or
- As otherwise invoiced by Golf Market to the seller,
in accordance with the seller's authorisation provided to us under this User Agreement.
3. Using Golf Market
While using the Golf Market services, you will not:
post content or items in inappropriate categories or areas on our sites and services;
infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
use the Golf Market services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Golf Market services;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Golf Market;
post false, inaccurate, misleading, defamatory or offensive content (including personal information);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Golf Market);
transfer your Golf Market account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
distribute viruses or any other technologies that may harm Golf Market or the interests or property of Golf Market users;
export or re-export any Golf Market tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify or distribute rights or content from the Golf Market services or Golf Market's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
4. Abusing Golf Market
Golf Market and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Golf Market's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Golf Market services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Golf Market transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Golf Market services.
5. Fees and Services
Joining Golf Market and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Golf Market site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Golf Market users). You may use catalogue content solely in connection with your Golf Market listings during the time your listings are on Golf Market's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all Golf Market policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
7. Trading on Golf Market and Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold Golf Market responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.
When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-Binding Bid Policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not Golf Market – are responsible for enforcing any rights that you may have.
You alone, and not Golf Market, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Golf Market services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Golf Market services.
To the extent that Golf Market is able to limit the remedies available under this Agreement, Golf Market expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
the supply of the services again; or
the payment of the cost of having the services supplied again.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without limiting other remedies available to Golf Market at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 22 below);
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
10. Golf Market Money Back Guarantee
The Golf Market Money Back Guarantee Policy (which may sometimes be referred to as the Golf Market Buyer Protection policy), is part of this User Agreement and incorporated by reference. Buyers and sellers agree to comply with the policy and acknowledge that we may exercise our reasonable discretion to make a final decision on any case where a buyer and seller cannot come to agreement.
The cost of return postage for an item that is not as described will usually be the seller's responsibility and you (as a seller) authorise Golf Market to place the return postage costs on your invoice, subject to your automatic payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. Buyers are to pay the cost of return postage for remorse returns, subject to any other agreement reached between the buyer and seller.
Sellers must have a payment method on file with Golf Market. Sellers may change this payment method at any time. If we resolve a case in the buyer's favour, Golf Market may notify PayPal of the relevant case and seek to remove funds from the seller's PayPal account to reimburse the buyer for the full cost of the item, and postage. Where there are insufficient funds in the seller's PayPal account, we will directly refund the buyer and charge the seller's designated payment method or put the amount on the seller's invoice ("Reimbursement").
For this purpose, you, in the capacity of a seller:
authorise and instruct us and PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal account to carry out a buyer reimbursement;
authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process (which may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies – see clause 11: Restricting funds);
authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
authorise and instruct us to place the reimbursement amount on the seller invoice.
You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to implement the terms of the Golf Market Money Back Guarantee policy. If sellers do not provide Golf Market with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the Golf Market Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Golf Market Money Back Guarantee refund or reimbursement.
If a transaction is cancelled and you agree to refund the buyer via Golf Market, you authorise Golf Market to instruct PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer.
You will be precluded from bringing an Golf Market Money Back Guarantee claim if you already have made or are making a claim with PayPal in respect of the same transaction. We may suspend the Golf Market Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.
11. Restricting Funds
To protect against the risk of liability, Golf Market may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.
12. Click & Collect at Woolworths Service
The Click & Collect at Woolworths Service is an Golf Market service that allows a person to opt to collect goods they purchase on Golf Market websites at selected retail outlets operated by Woolworths and its related bodies corporate ("Woolworths"). You must not misrepresent the Click & Collect Service as your own service (whether through direct hyperlink, advertising, promotions or any other means) or advertise or promote the Click & Collect Service in a manner not approved by Woolworths and Golf Market in writing.
For the purposes of the Click & Collect Service, Woolworths, like us, is not involved in the actual transaction between buyers and sellers made on Golf Market.com.au or other Golf Market websites and has no control over the acts or omissions of users of the Golf Market services or their agents. Accordingly, to the extent permitted by Law, Woolworths excludes any and all liability (whether in contract, tort, statute, equity or otherwise) arising out of or in connection with the Golf Market services, including the Click & Collect Service, and including any Indirect Loss suffered paid or incurred in connection with the Click & Collect Service. "Indirect Loss" means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.
If its liability cannot be excluded by law, Woolworths' liability is limited, at its discretion and to the extent permitted by law, to the re-supply of those parts of the Click & Collect Service for which it is responsible or to the payment of the cost of re-supplying those services.
Golf Market enters into this clause on behalf of Woolworths as its agent. You agree that Woolworths may enforce this clause directly against you in consideration of it making its retail outlets available to you in connection with the Click & Collect Service.
13. Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Golf Market by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Golf Market services for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Golf Market and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
14. Listing Conditions
By listing an item on Golf Market's sites, you agree to pay Golf Market's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on Golf Market's sites, your listing will be posted on Golf Market's sites and can be viewed in My Golf Market.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Golf Market can't guarantee exact listing durations.
Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings. Learn more about where your listings appear in search and browse results.
15. Selling Internationally
You may be able to sell your items internationally by listing items for sale directly on one or more of Golf Market's international sites or where you choose to list items with an international postage option. You agree that we may display your listing on an Golf Market site other than the Golf Market site where you listed your item for sale, including those situations where you choose to list items with an international postage option (such as worldwide postage). However, you may restrict international buyers from purchasing your items if you explicitly exclude international postage locations from your listings or by creating and applying an exclusion list to your listings. If your item is sold to a buyer on an Golf Market site other than your Golf Market site of registration, you agree to be subject to that other site's policies and the terms and conditions in Golf Market's International Selling Agreement. You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers.
16. Closing Your Account
You may close your Golf Market account at any time, subject to:
not having any outstanding items listed on the website; and
resolving any outstanding matters (such as a suspension or restriction on your account); and
paying any outstanding fees owing on the account.
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Golf Market User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Golf Market User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.
Privacy of Others; Marketing
If Golf Market provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Golf Market services.
19. No Agency
Golf Market is not your agent for any purpose in relation to this Agreement or your use of the Golf Market services.
Legal notices must be served on Golf Market's registered agent (in the case of Golf Market) or to the email address you provide to Golf Market during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Golf Market's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to Golf Market Suite 301 50 Clarence Street Sydney 2000.
21. Legal Disputes
If a dispute arises between you and Golf Market, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact Customer Service to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Golf Market irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
22. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the Golf Market site. You should read the Golf Market Rules and Policies Overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:
Each of these policies may be changed from time to time. Changes take effect when we post them on the Golf Market.com.au site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
Golf Market is located at Suite 301 50 Clarence Street Sydney 2000.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
We may amend this Agreement at any time by posting the amended terms on Golf Market.com.au and by notifying you through Golf Market Messages (in My Golf Market) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 15 of this Agreement.
This Agreement contains the entire understanding and agreement between you and Golf Market. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.