TERMS AND CONDITIONS

By Golf Network

1.          GENERAL

1.1       These Terms govern your use of our website located at http://golfer.com.au/ (the Site) and form a binding contractual agreement between you, the Customer of the Site and us, Australian Golfer Pty Ltd ABN 57147594625 trading as Golf Network. For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and the Services.

1.2       By signed up to our website 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.

1.3       You warrant that:

(a)       you are at least 18-years-old and you are legally capable of entering into binding contracts; or

(b)       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

(c)       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.

1.4       If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on or through the Site.

2.          DIGITAL SIGNATURE

By signing this agreement, 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:

Basic Member means a registered User of the Site and Services who has opted not to pay the Membership Fee and is granted access to basic functionalities of the Site and the Basic Membership Scope of Services.

Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Golf Network to you.

Drone Footage means the footage of the Premium Member’s golfing facilities captured by drone, which forms part of the Premium Member scope of Services.

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 listed on the Site.

Facility Listing means profiles and information regarding a Member’s Facility listed on the Site by the Member using the Services.

Member means a registered User, whether as a Basic Member or a Premium Member.

Membership Fee means the amount of AUD $999 plus GST per annum.

Member Materials means any data, text, software, images, audio or video material and other content, in any medium whatsoever posted by Members on the Site and Services in any manner, including but not exclusive to Facility Listings.

Premium Member means a registered User of the Site and Services who has opted to pay the Membership Fee and is granted access to additional functionalities of the Site and the Premium Membership Scope of Services.

Services mean:

(a)       the online platform provided by Golf Network through the Site to provide general information regarding Facilities;

(b)       the Services enable Members to publish and maintain Facility Listings for their Facilities and to provide information regarding memberships at various Facilities, promote function bookings, good enquiries, corporate days, and social rounds available at their respective Facilities, course reviews, and details regarding any PGA Professionals at the Facilities; and

(c)       includes any Services currently offered by Golf Network and any Services or products that Golf Network may choose to offer in the future.

Site means http://golfer.com.au/.

Terms means these Site 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 Site and Services, whether as a registered User or casual website browser.

Us, We, Our means Australian Golfer Pty Ltd ABN 57147594625 trading as Golf Network.

4.          ACCESSING THE SITE

4.1       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 Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

4.2       All Content and Services provided on or through this Site are provided "AS IS" and "AS AVAILABLE" for your use.

4.3       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 Site and the Services is solely at your risk.

4.4       We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site or Services, from time to time.

5.          REGISTRATION INFORMATION AND PASSWORDS

4.1       You do not need to register to the Site in order to view the Facility Listings on the Site. 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 (golfnetwork.com.au/privacy-policy). By registering to the Site and providing any such data or other personal information:

(a)       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

(b)       you agree to the terms of our privacy policy (golfnetwork.com.au/privacy-policy).

5.2       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.

5.3       Membership Fee Payment Methods

(a)       If registering as a Premium Member, the Membership Fee may be paid using direct debit or credit card. You acknowledge and agree that Golf Network will not be liable for any loss or damage arising out of your use of a third party payment gateway. Golf Network advises that you should read and understand the terms and conditions of the third party payment gateway prior to using them.

(b)       All Membership Fees are shown in AUD excluding GST.

(c)       You acknowledge and agree that some banks and financial institutions may charge you an additional fee for specific transactions.

6.          SCOPE OF SERVICES

6.1       General

(a)       The Site and Services are provided for to Members for personal and business use only.

(b)       The Site allows for Users to browse Facility Listings. Golf Network provides the Site as a platform only.

(c)       Golf Network does not recommend or endorse any particular Facilities or Facility Listings. The Site and Services are not designed to provide qualitative advice regarding the fitness for purpose and suitability of any Facilities. Golf Network strongly advice Users to exercise caution and do their own due diligence and inspections prior to engaging any Facilities.

(d)       The Site and Services are intended for browsing and use by individuals and businesses based in Australia only.

(e)       Members agree to provide all the information and materials as may reasonably be required by the Site and Services in relation to transactions conducted on, or through, or as a result of the use of the Site 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 Site and Services.

(f)         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 Site or Golf Network 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.

6.2       Basic Member Scope of Services

(a)       The Services allow Basic Members to 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.

(b)       Basic Members may cancel their Membership at any time.

6.3       Premium Member Scope of Services

(a)       In addition to the functionality in clause 6.2, in consideration of the Membership Fee, for a period of 12 months Premium Members are granted access to additional functionalities for the Site and Services including but not exclusive to:

(i)         Optional Drone Footage of the Facility if applicable;

(ii)        Optional photographs of the Facility if applicable;

(iii)       Facility Listing above Basic Members’ Facility Listings; and

(iv)      unlimited free website enquiries.

(b)       Premium Members may renew their Membership on before the expiry of the 12-month period from the date they paid the Membership Fee. If such a payment is not received by Golf Network before the expiry of the 12-month period, the Membership will revert to a Basic Membership.  Upon payment Membership Fee, a Premium Member’s Membership will continue for a further 12-month period commencing from the day after current 12-month period expires.

(c)       Premium Members may cancel their Membership at any time with 30 days’ prior written notice to Golf Network.  There is no refund if a Premium Member cancels their membership during the 12-month period.

7.          DISCLAIMER

7.1       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.

7.2       The Site contains a directory of Facility Listings. The directory is populated with information from third party sources, from Members, and from other Users. Golf Network provides this directory as a convenience and does not confirm or verify the information contained in it.

7.3       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 Site 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 Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.

8.          THIRD PARTY WEBSITES

8.1       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 Golf Network. 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.

8.2       We make no representation about any other website you access through this one.  Please understand other websites are independent from our Site so we do not accept responsibility for such websites.

9.          GOLF NETWORK INTELLECTUAL PROPERTY

9.1       General

(a)       Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

(b)       We own and retain all proprietary rights to the Site, the Services provided through the Site, 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 Site and Services to create, display, use, play, and download Content subject to these Terms.

(c)       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.

(d)       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.

9.2       Drone Footage

All Drone Footage and Intellectual Property rights relating to the Drone Footage are the owned by Golf Network. 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 Golf Network.

10.       MEMBER INTELLECTUAL PROPERTY

10.1    You must not add any Member Materials to the Site:

(a)       unless you hold all necessary rights, licences and consents to do so;

(b)       that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c)       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;

(d)       that is unsolicited, undisclosed or unauthorized advertising;

(e)       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;

(f)         that would bring us, or the Site, into disrepute; or

(g)       that infringes the Intellectual Property or other rights of any person.

10.2    You agree to keep all records necessary to establish that your Member Materials does not violate any of the requirements under clause 10.1 and make such records available upon our reasonable request.

10.3    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.

10.4    You also grant to Golf Network, 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 Site and Services, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats through any media channels.

10.5    You also grant each User a non-exclusive licence to access your Member Materials through the Site, and to use, reproduce, distribute, display, and perform such Member Materials, only to the extent permitted through the normal functionality of the Site and subject to all confidentiality and other provisions of these Terms.

10.6    The above licences under clause 10.4 and 10.5 granted by Members will terminate within a commercially reasonable time after the Member removes or deletes the Member Materials from the Site, except that the Member grants Golf Network, 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.

10.7    We are under no obligation to regularly monitor the accuracy or reliability of Member Materials appearing on the Site or using the Services. We reserve the right to modify or remove any Member Materials at any time.

10.8    You hereby grant Golf Network 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.

10.9    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 Golf Network.

11.       FAIR USE

11.1    You must not:

(a)       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 Golf Network; or

(b)       disassemble, decompile or otherwise reverse engineer all or any portion of the Site, Services or Content; or

(c)       impose or attempt to impose an unreasonable or disproportionately large load, as determined by Golf Network in its sole discretion, on the Site’s and Services’ infrastructure; or

(d)       interfere or attempt to interfere with the normal course and process of the Services; or

(e)       bypass any computer systems or secured networks connected to the Services; or

(f)         use manual or automated software, devices, or other processes to harvest or scrape any Content from the Site and Services; or

(g)       do any other act that may constitute an improper use of the Site and Services, as determined by Golf Network in its sole discretion.

12.       LIMITATION OF LIABILITY AND INDEMNITY

12.1    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 Site.

12.2    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.

12.3    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.

12.4    You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site 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 Site and Services. You must not assign or otherwise dispose of Customer account to any other person.

12.5    Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

12.6    As a condition of your access to and use of the Site, you agree to indemnify Golf Network 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:

(a)       your access to and use of the Site and Services; or

(b)       your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

13.       TERMINATION

13.1    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 Site and Services, and/or your registration, or suspend or block your access to the Site and Services.

13.2    We may terminate or suspend your access to the Site 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.

13.3    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.

13.4    If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

14.       NOTICE

14.1    By using the Site 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 Site.

14.2    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.

14.3    Notice will be deemed received and properly served immediately when posted on the Site, 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:

(a)       for letters, the letter was properly addressed, stamped and placed in the post; and

(b)       for emails, the email was sent to the specified email address.

15.       NO WAIVER

15.1    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.

15.2    If we waive a default, it does not constitute a waiver of any subsequent defaults.

15.3    No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 12.

16.       FORCE MAJEURE

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:

(a)       acts of god;

(b)       natural disasters;

(c)       sabotage;

(d)       accident;

(e)       riot;

(f)         shortage of supplies, equipment, and materials;

(g)       strikes and lockouts;

(h)       civil unrest;

(i)         computer hacking; or

(j)         malicious damage.

17.       SEVERABILITY

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.

18.       ENTIRE AGREEMENT

18.1    These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Golf Network, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Site and Services.

18.2    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.

19.       GOVERNING LAW

These Terms is governed by the laws of the State of Western Australia, Australia and each party submits to the jurisdiction of the courts of the State of Western Australia, Australia.

20.       UPDATES TO THESE TERMS

20.1    We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site 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.

20.2    Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.

20.3    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 Site and will be effective immediately, unless expressed otherwise.

20.4    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 Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.

20.5    We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.

 

Last updated on: 20 Sep 2018