GOLF AUSTRALIA SOCIAL GOLF CLUB (GASGC) WEBSITE AND MEMBERSHIP TERMS AND CONDITIONS
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.casualgolfer.com.au (the "Website") and your membership to the GASGC, if applicable. By accessing or using this Website (including registering as a member of the GASGC) you agree to be bound by these terms and conditions.
In addition to the terms and conditions set out in this document, other terms of use or conditions may apply to your use of this Website, parts of this Website, or services offered in connection with your membership of the GASGC. By using those parts of this Website or using those services you also agree to be bound by those additional terms.
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.
Membership of GASGC
We have established the Golf Australia Social Golf Club (“GASGC”) and this Website to provide services to casual golfers in Australia. In order to obtain access to the full range of services available, you are required to register as a member of the GASGC. This will provide you access to a wide range of benefits, including casual handicapping and access to special events and promotions. This membership is not transferable.
How to become a member
To become a member of the GASGC you must complete the online registration form on this Website and pay the yearly membership fee as set out on this Website. The membership fee is stated in Australian dollars and includes Australian GST (where applicable). In addition to the membership fee, a transaction fee for the payment transaction is also included in the total fee charge.
Passwords
During the registration process, you will be asked to provide a password,you will also be allocated a membership number which will be entered along with your password for future log ins. Please ensure that you keep your password confidential. We will assume that any use of this Website and any service in connection with the GASGC made using your membership number and password is you, and you will be responsible for any such use unless you have notified us prior to such use in accordance with the paragraph below.
You must notify us as soon as you become aware of any improper use or disclosure of your username and password.
Membership Requirements
To become a member of the GASGC you must be at least 18 years of age. By completing the registration process, you warrant to us that you are at least 18 years of age. You acknowledge that if you are an overseas resident you may become a member of the GASGC, however, you may not be able to receive some of the benefits available to GASGC members who are Australian residents.
You must not provide us with inaccurate or incomplete information during the registration process or at any other time. All memberships must be registered with a current and valid email address that you access, and have permission to access, regularly. At any stage we may require you to validate your email address if we suspect that an invalid email address or an email address which you do not have permission to use is registered to your membership.
Payment of the membership fee must be made online at the time of registration by credit or debit card and must be renewed each year. The credit and 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.
At any stage we may ask you to provide photo ID where necessary to ensure that your identity matches the registration identity. A record and/or copy of this photo ID may be retained by us to minimise the risk of fraudulent credit card usage and for verification purposes with your credit card provider in the event of a dispute.
Period of Membership
Membership continues for a period of 12 months from the date of your registration. Prior to the expiry of this period, we will notify you that your membership is due for renewal. If you wish to renew your membership, you will be required to pay the then current yearly membership fee. Renewals will be automatically processed – if your credit card has does not expire within the 30 day renewal notice period – using your credit or debit card provided to us at registration. If you do not wish to renew your Membership, please contact sgchelp@golflink.com.au.
If you do not pay your membership renewal fees by the required date, your membership will expire and you may lose any data, including handicapping data, held by us in connection with your membership.
Welcome Pack
Once you have received confirmation from us that your membership to the GASGC has been accepted, we will send a GASGC welcome pack to the address specified by you during the registration process. Please note that it will usually take up to10 business days before you receive the welcome pack. In some cases due to unforseen circumstances this timeframe may be longer. Each member is entitled to one Welcome Pack only upon new or renewed registration to the program.
The welcome pack will include your GASGC membership card.
Changes and/or Cancellations
If you wish to change or update any details of your membership, you must contact our Customer Service Centre – click here for contact details or use the functionality included in this Website.
Please carefully consider your decision to register as a member of the GASGC as we do not normally allow refunds of the membership fee.
In extenuating circumstances, you may request a refund however you must do so within 5 days of registering as a member and prior to your receipt of the welcome pack. If we do permit a refund of the membership fee, a transaction fee of $4 will be deducted from the total refund amount. Any refund will only be made back to the same credit or debit card which was used to make the initial payment of the membership fee.
You may also request a pro-rata refund of your membership fees if we vary the terms and conditions of your membership and such variation results in a significant adverse impact on your ability to enjoy the full benefits of the GASGC.
Our Cancellation and Alteration of Benefits
We may cancel your membership at our sole and complete discretion if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of either these terms and conditions or any other relevant laws or regulations. We reserve the right to suspend or terminate the GASGC at any time by providing not less than 30 days notice to you. We expressly reserve the right to terminate or alter (materially or otherwise) any benefits associated with the GASGC or any aspect of the operation of the GASGC without notice to members.
Promotions and Advertising
From time to time, this Website will display information, including promotions and advertising (collectively “Promotions”), from Foster's Australia Limited, its related bodies corporate and other third parties. Please be aware that, unless expressly stated otherwise, such Promotions are offered by third parties and not by us and we make no representations to you with respect to any Promotion, including whether or not any offers represent good value for money.
We have not reviewed any other sites linked from this Website or any Promotions included on this Website, and are not responsible for the content or accuracy of any sites linked from this Website or any such Promotions. The inclusion of any such link or Promotion does not imply that we endorse the linked site or Promotion.
Issues and Complaints
If you have any complaints with respect to your membership of the GASGC or this Website in general please contact us using the details set out below:
Mail: Attention: Customer Service, GASGC, Level 3, 95 Coventry Street, South Melbourne Victoria, 3205 Australia.
Facsimile: +61 03 9626 5095.
Email: info@golf.org.au
General Restrictions
In using this Website and any service in connection with the GASGC you must not:
· 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.
Information on this Website
While we attempt to ensure all information displayed on this Website 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 at any time without notice to you.
Linking to this Website
We encourage you to provide links to this Website. While you may use the name "Golf Australia Social Golf Club” in the text of any such link, you may not use the Golf Australia Social Golf Club logo or any of our other trademarks or any trade marks owned or licensed by Foster's Australia Limited (or its related bodies corporate) without our prior written consent or the express written consent of Foster's Australia Limited (or its related bodies corporate). You may not use the trade marks owned or licensed by Golf Australia without our prior written consent or the express written consent of Golf Australia.
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.
Warranties and Liability
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 by us and Foster's Australia Limited (and its related bodies corporate) to the maximum extent permitted by law.
In particular, and without limiting the above paragraph:
- 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
- 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:
- 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
- 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 and Foster's Australia Limited and its related bodies corporate are not liable for, and no measure of damages will, under any circumstances, include:
- special, indirect, consequential, incidental or punitive damages; or
- 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 and Foster's Australia Limited's (and its related bodies corporate) 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.
Intellectual Property
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 and in accordance with your membership.
We (or Foster's Australia Limited 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 and Foster's Australia Limited.
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.
Privacy Policy and Consent
In using this Website or the services available through the GASGC you may give us personal information in which you have certain rights. By using this Website or registering as a member of the GASGC, you grant us consent to use and disclose your personal information in accordance with our privacy policy (which forms part of these terms and conditions). Please click on this link to view our privacy policy.
By becoming a member of the GASGC, you consent to the storage of your personal information in the Golf Australia Social Golf Club database which will be disclosed to Foster's Australia Limited (and its related bodies corporate) and we and Foster's Australia Limited (and its related bodies corporate) may use this information for future marketing and promotional purposes regarding their products including contacting the members via electronic messaging. By becoming a member of the GASGC, members consent to receiving SMS or email messages from us or Foster's Australia Limited (or it's related bodies corporate).
General
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.
Where any party to a dispute or difference whatsoever arising out of or in connection with these terms and conditions is not at that time primarily resident in Australia, such dispute or difference shall be and is hereby submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia Expedited Commercial Arbitration Rules..
The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one arbitrator, the language of the arbitration shall be English, the place of the arbitration shall be Victoria, Australia. For disputes in which the quantum is less than $50,000 arbitration shall take place using the submission of documents alone unless both parties agree otherwise.
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.