In these terms and conditions, "we", "us" and "our" means Golf Australia Ltd (ABN 54 118 151 894).
Please read these terms and conditions carefully as they apply to your use of this website at "www.swingfit.org.au" (the "Website"). By accessing or using this Website (including by purchasing any products or services advertised on this Website) you agree to be bound by these terms and conditions.
We may at any time vary these terms and conditions by publishing the varied terms and conditions on this Website. Where we do so, we will include a notice on this Website notifying you that these terms and conditions have been revised.
From time to time, this Website may display information about offers (“Offers”) made available by various golf clubs and other third parties (“Providers”).
It is important that you understand that when you place an order for an Offer on this Website, you are placing an order with a particular Provider, and not us. In some instances, we may make an Offer available to purchase through functionality provided on this Website, including by taking orders and collecting payment for an Offer. Where we do so, we are acting as the agent of the Provider and not on our own behalf.
Please be aware that some Providers make their Offer available to you on additional terms and conditions (“Provider Terms”). Where this occurs, these Provider Terms may be displayed on, referred to or linked from this Website or may be set out on the Provider’s own website or other documentation (for example a golf club’s standard terms and conditions of membership).
You should read any Provider Terms applicable to any Offer you purchase or are interested in purchasing. By purchasing an Offer, you agree to be bound by any relevant Provider Terms. However, please note that we are not a party to, and have no obligations under, any contract that may arise as a result of the purchase of any Offer (including any Provider Terms) as such contract will only be between you and the relevant Provider.
We make no representations to you with respect to any Offer, including whether or not the Offer represents good value for money.
This Website is only intended for use by customers in Australia. Orders for Offers will only be accepted by customers who provide a local delivery address for their credit or debit card in Australia.
The person making payment for any Offer on this Website (the “Purchaser”) must be at least 18 years of age. By making any payment for any Offer the Purchaser warrants to us that they are at least 18 years of age.
Any order placed through this Website is an offer by you to purchase the particular Offer.
Unless otherwise stated in the Provider Terms, payment for any Offer ordered on this Website must be made by credit card or debit card online and at the time of order. The credit or debit cards that are accepted from time to time will be described on this Website. A surcharge may apply for the use of certain credit or debit cards, and where this is the case this will also be described on this Website.
When you make an order for an Offer, the amount debited will be the amount shown on our purchase page prior to you clicking the "Pay Now" (or any similar) button on that page. However, your credit or debit card provider may charge you additional fees and charges.
Golf Australia credit card information security policy:
Golf Australia uses the Payment Express Payment Gateway for its online credit card transactions. Payment Express processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.
- Payments are processed in real-time
- Golf Australia does not have access to your full card number, this credit card payment is secured by Payment Express
- Payment Express have bank grade security. All transaction details are stored in their PCI-DSS compliant Data Centre
- Payment Express Software is certified with over 200 banks globally
Visit www.paymentexpress.com for more info on online credit card payments.
Once the Purchaser receives confirmation from either us (on behalf of the Provider) or the Provider that their order has been accepted, the Offer is redeemable from the Provider.
Please be aware that resale, reproduction or trade in any Offer is prohibited, however the Purchaser may provide the purchased Offer to another person for redemption as a gift (unless otherwise stated on this Website).
The person seeking to redeem an Offer (“the Redeemer”) must provide some proof of purchase of the Offer to the Provider (for example, a receipt of payment or confirmation of purchase printout) in order to redeem the Offer. The particular form of proof of purchase required may be set out in this Website and/or as part of any Provider Terms.
Please note that the Provider may request the Redeemer to provide photo ID when redeeming the Offer. A record and/or copy of this photo ID may also be retained by the Provider to minimise the risk of fraudulent credit or debit card usage and for verification purposes with your credit or debit card provider in the event of a dispute. In addition, you also consent to us providing certain information about you, including your contact details, to the Provider.
The Provider may not accept an order placed by you for an Offer if there has been any pricing error during the order process (including if an incorrect price was mistakenly displayed on this Website). The Provider may also cancel a previously accepted order for an Offer if the Provider suspects that you are acting fraudulently (such as using a credit or debit card without proper authorisation) or in breach of either these terms and conditions or the Provider Terms or you are otherwise unable to comply with the Provider Terms.
If you want to change any details of any order for an Offer you have made through this Website, you must contact our Customer Service Centre – click here for contact details. We will do our best to assist you, but cannot guarantee that changes can be made. Golf Australia will oversee the management of change requests where necessary.
When ordering an Offer please choose carefully as we do not normally allow changes or give refunds, including if you change your mind or make a wrong decision.
In extenuating circumstances you may request a refund or a change, however you must do so within 5 days of receiving confirmation of your order.
If we do permit a change or provide a refund, please be aware that additional fees and charges may be applied by the Provider of the Offer, including cancellation fees.
In addition, please be aware that Offers purchased online include a transaction fee which is payable at the time of purchase. If a refund is provided, any transaction fees are not refunded.
If you have any complaints in relation to any Offer you purchased through this Website you should contact the relevant Provider directly. If you are unhappy with the manner in which your complaint or issue is dealt with by the Provider or if you have any complaints with respect to this Website please contact us using the details set out below:
Mail: Attention: Customer Service, Swing Fit, Level 3, 95 Coventry Street, South Melbourne Victoria, 3205 Australia.
Facsimile: +61 03 9626 5095.
In using this Website, including when purchasing any Offers, you must not:
- provide us with inaccurate or incomplete information, including any email or contact details which are not yours or in respect of which you do not have permission to use;
- violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
- impersonate any person;
- distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store personal data about other users of this Website; or
- engage in any other conduct that inhibits any other person from using or enjoying this Website.
While we attempt to ensure all information displayed on our site is accurate, we are not able to guarantee the accuracy of all information nor are we able to guarantee that the site is free of errors or faults. We reserve the right to change information displayed on our site (including these terms and conditions) at any time without notice to you.
Much of the information on this Website is provided by the Providers, including all of the information and Provider Terms relating to Offers that may be purchased from those Providers. While we believe that the Providers are reliable sources of this information, we cannot be responsible for such information.
We have not reviewed any of the third party sites linked from this Website or any advertisements included on this Website, and are not responsible for the content or accuracy of any sites linked from this Website or any such advertisements. The inclusion of any such link or advertisement does not imply that we endorse the linked site or advertisement.
We encourage you to provide links to this Website. While you may use the name "Swing Fit”, or “Golf Australia” in the text of any such link, you may not use the "Swing Fit”, or “Golf Australia” logo or any of our other trademarks without our prior written consent, unless these have been provided to you.
You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or this Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
In particular, and without limiting the above paragraph:
(a) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of this Website will be uninterrupted, error free or that this Website or the server from which it operates them are free of viruses or other harmful components; and
(b) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
Nothing in these terms and conditions excludes, restricts or modifies any term, condition, guarantee, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Term”), which may include the guarantees imposed under the Australian Consumer Law.
If any Non-Excludable Term applies and we are able to limit your remedy for a breach of the Non-Excludable Term, then our liability for breach is limited to one or more of the following at our option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to our obligations under any implied Non-Excludable Terms, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions or this Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100.
Subject to our obligations under the Non-Excludable Terms, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You acknowledge that this Website and all related content are subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in the paragraph above, licence you to exercise any Intellectual Property Rights unless this is expressly stated.
Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
Subject to applicable law, we may revoke the permission referred to in this section at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.
If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms and conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and of the Commonwealth of Australia.
These terms and conditions constitute the entire agreement between us and you in relation to this Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to this Website.
Your use of this Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.
The term “including” when used in these terms and conditions is not a term of limitation.