Terms and Conditions
1. Introduction
1.1 These terms and conditions govern your access to and use of the Golf Rewards website, mobile applications and any Golf Rewards membership, rewards, offers or promotions made available through them (together, the Service).
1.2 By creating an account, purchasing or activating a Golf Rewards membership, or otherwise using the Service, you agree to be bound by these terms and conditions. If you do not agree, you must not use the Service.
1.3 Golf Rewards may update these terms from time to time by posting the updated version on the Golf Rewards website. Your continued use of the Service after any change takes effect constitutes acceptance of the updated terms.
2. Eligibility and Membership
2.1 To become a member of Golf Rewards (Member) you must:
- be at least 18 years of age
- reside in Australia; and
- provide accurate and complete registration information.
2.2 Golf Rewards may accept or refuse any application for membership at its discretion.
2.3 Membership types, inclusions and pricing will be described on the Golf Rewards website and may be varied from time to time. Any variation will apply to new memberships and renewals, and (where permitted by law and any applicable contract) to existing memberships on reasonable notice.
2.4 You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account. You must notify Golf Rewards promptly if you become aware of any unauthorised access to your account.
3. Membership Fees, Billing and Cancellation
3.1 Membership fees (including any recurring subscription fees) are stated in Australian dollars (AUD) and include GST where applicable, unless otherwise indicated.
3.2 If your membership is on a recurring basis, you authorise Golf Rewards (or its payment provider) to automatically debit your nominated payment method at the start of each billing period until you cancel in accordance with these terms.
3.3 Golf Rewards may change membership fees from time to time. Where you have a recurring membership, Golf Rewards will provide reasonable notice of any fee increase and the change will take effect from your next billing period. If you do not agree to the increase, you may cancel your membership before the next billing date.
3.4 You may cancel your membership at any time via your online account or by another method notified by Golf Rewards. Cancellation will take effect at the end of your current billing period and you will continue to have access to your membership benefits until that date. Unless required by law, membership fees already paid are non-refundable.
3.5 Golf Rewards may offer free trials, introductory offers or promotional pricing from time to time. The specific terms of any such offers will be stated at the time of the offer and form part of these terms. If you sign up for a free trial and do not cancel before the end of the trial, your nominated payment method will be charged in accordance with the then-current membership fees for the plan selected.
4. Benefits, Rewards and Third-Party Partners
4.1 Members may receive access to discounts, offers, promotions, competitions, loyalty points, bonus entries, or other benefits as described on the Golf Rewards website from time to time (Benefits).
4.2 Benefits may be provided directly by Golf Rewards or by third-party partners such as golf clubs, retailers, travel providers or service providers (Partners). The availability, value and conditions of benefits may change at any time and may be subject to additional terms imposed by the relevant Partner.
4.3 Golf Rewards uses reasonable efforts to ensure that information about Benefits is current and accurate, but does not guarantee the continued availability of any particular Benefit. Benefits may be limited in time, quantity, geographic area, or to particular membership tiers.
4.4 Where a Benefit is supplied by a Partner, the contract for that product or service is between you and the Partner. Golf Rewards is not a party to that contract and is not responsible for the quality, suitability, fitness, safety, delivery or any other aspect of goods or services supplied by a Partner, except to the extent required by law.
4.5 Golf Rewards may receive commissions or other payments from Partners in connection with your use of Benefits, including cashback arrangements or affiliate links.
5. Competitions and Trade Promotions
5.1 From time to time Golf Rewards may conduct competitions, prize draws or trade promotions (Promotions) for Members. Each Promotion will be subject to specific terms and conditions published at the time of the Promotion (Promotion Terms).
5.2 If there is any inconsistency between these terms and any Promotion Terms, the Promotion Terms will prevail to the extent of the inconsistency in relation to that Promotion.
5.3 Golf Rewards will ensure that Promotions are conducted in accordance with applicable Australian laws, including any required permits or authorisations.
6. Your Obligations and Acceptable Use
6.1 You must use the Service lawfully and in accordance with these terms. You must not:
engage in any conduct that is fraudulent, misleading, deceptive or otherwise unlawful;
misuse the Service, including by attempting to circumvent eligibility criteria, entry limits or membership rules; harass, abuse or harm Golf Rewards staff, Partners or other Members;
attempt to interfere with or compromise the security or integrity of the Service; or use the Service for any commercial purpose not expressly authorised by Golf Rewards.
6.2 Golf Rewards may, acting reasonably, suspend or terminate your membership or access to the Service if you breach these terms or if your conduct is likely to damage the reputation or legitimate interests of Golf Rewards or its Partners.
7. Australian Consumer Law and Refunds
7.1 Nothing in these terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.
7.2 Where Golf Rewards supplies services to you as a consumer and those services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Golf Rewards’ liability for failure to comply with a consumer guarantee is limited, to the maximum extent permitted by law, at Golf Rewards’ option, to resupplying the services or paying the cost of having the services supplied again.
7.3 Subject to your rights under the Australian Consumer Law and any other non-excludable rights, Golf Rewards does not provide refunds for change of mind or where you simply no longer want or use your membership.
8. Disclaimers and Limitation of Liability
8.1 To the maximum extent permitted by law and subject to clause 7, the Service and all information and Benefits are provided on an “as is” and “as available” basis and Golf Rewards does not make any representation or warranty of any kind, express or implied, about: the accuracy, completeness or reliability of information on the Service; the availability, performance or security of the Service; or the suitability, quality or performance of any goods or services supplied by Partners.
8.2 To the maximum extent permitted by law and subject to clause 7, Golf Rewards is not liable (whether in contract, tort including negligence, statute or otherwise) for any:
loss of profit, revenue, opportunity, data or goodwill; or indirect, special or consequential loss,
arising out of or in connection with the Service, your membership, or any Benefits or Promotions.
8.3 To the extent Golf Rewards is liable to you and that liability cannot be excluded but can be limited, Golf Rewards’ total aggregate liability to you for all claims arising out of or in connection with the Service or these terms is limited to the amount of membership fees you have paid to Golf Rewards in the 12 months immediately prior to the event giving rise to the claim.
9. Privacy and Data
9.1 Golf Rewards will handle personal information in accordance with its Privacy Policy, which is available on the Golf Rewards website.
9.2 By using the Service, you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy, including: to operate and administer the Service and your membership; to provide Benefits and Promotions, including by disclosing limited information to relevant Partners; and for marketing and analytical purposes, in accordance with applicable privacy laws.
9.3 You may opt out of certain marketing communications at any time by using the unsubscribe function in those communications or by contacting Golf Rewards.
10. Intellectual Property
10.1 All intellectual property rights in the Service, including content, trade marks, logos, graphics, and software, are owned or licensed by Golf Rewards.
10.2 You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for personal, non-commercial purposes in accordance with these terms.
10.3 You must not reproduce, modify, distribute, adapt, publish, sell, license or create derivative works from any part of the Service without Golf Rewards’ prior written consent, except as permitted by law.
11. Termination and Suspension
11.1 Golf Rewards may suspend or terminate your membership or access to the Service (in whole or part) if: you materially breach these terms and the breach is not remedied within a reasonable time after notice; Golf Rewards reasonably suspects fraud, misuse or unauthorised use of your account; or required by law or by an order of a court or regulatory authority.
11.2 Golf Rewards may cease offering memberships or discontinue the Service by providing reasonable notice to Members, where practicable. In that event, Golf Rewards will comply with its legal obligations in relation to any prepaid membership fees.
11.3 Termination of your membership does not affect any rights or obligations that have accrued up to the date of termination, including any rights to remedies in respect of past breaches.
12. General
12.1 These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts.
12.2 If any provision of these terms is held to be invalid, illegal or unenforceable, the provision will be read down or severed to the extent of the invalidity and the remaining provisions will continue in full force and effect.
12.3 You must not assign or transfer your rights or obligations under these terms without Golf Rewards’ prior written consent. Golf Rewards may assign or transfer its rights and obligations under these terms at any time on notice to you, where such assignment does not materially adversely affect your rights.
12.4 Any failure or delay by Golf Rewards in exercising a right under these terms does not operate as a waiver of that right. A waiver of a right must be in writing and is only effective in relation to the specific instance and purpose for which it is given.
12.5 These terms, together with any documents expressly incorporated by reference (including any applicable Promotion Terms and the Privacy Policy), constitute the entire agreement between you and Golf Rewards in relation to the Service and supersede any prior representations or agreements.