Welcome to GOLFMATE. GOLFMATE is originated in Australia and is operated under Golf Technology Services Pty Ltd (ACN 638 912 393). Please read this agreement (The “Agreement”) carefully when using GOLFMATE mobile application (“GOLFMATE App”). The Agreement constitutes all Terms & Conditions with legally binding effect between you as an GOLFMATE App User (the “User” or “You”) and Golf Technology Services Pty Ltd (the “Company” or “We”).
By accessing https://www.golf-mate.com.au (the “Website”), downloading, installing, or using GOLFMATE App, you as the user are deemed to be:
By using the Services via GOLFMATE App, you will need to create a User Account by downloading the GOLFMATE App in customer version on either the Apple App Store or Google Play Store. You must be at least 18 years of age, to obtain an Account. If you choose to create ‘the Account’, you are required to create a password, or other secure login method, and provide GOLFMATE certain personal information, such as your name, address, mobile phone number, and at least one valid payment method. You must agree to maintain accurate, complete, and up to date information in your account. It is your responsibility to keep your password and / or other secure login method secretly in order to prevent others from accessing your email account or mobile phone. You must not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive coaching services from third party unless they are accompanied by you. Your account is not transferable, and you may only access or use the Services for unlawful purposes (e.g. no transport of unlawful or hazardous materials). If another person uses these methods to access your account, you will be responsible to pay any Classes they order, and GOLFMATE is not liable for any other losses you suffer, unless the person using your password obtained it in that we did not keep it secure.
You may close your account permanently at any time by logging out and remove GOLFMATE App from your device completely. We reserve the right to suspend your account, or close it permanently, if we believe that your account has been used unlawfully or by someone else. We may also close your account if in our opinion you are abusing our Services, for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason.
When you place an order from any Coach through the GOLFMATE App, that order is fulfilled by the Coach and not by the Company. The Company is not responsible for the Coaching Services supplied by the Coach and has no responsibility or liability for acts or omissions by any Coaches. GOLFMATE has no responsibility or liability for acts or omissions by any Coaches other than as stated in this Agreement.
Once an order is placed via GOLFMATE App, a text message will be sent to your mobile for order confirmation within a short period of time. If you do not receive the order confirmation more than 15 minutes after the order is placed, the system may automatically cancel your order and a refund will be processed by the third-party payment portal (i.e. Stripe). This may be caused by the Coach who did not accept your order within the required time frame (i.e. 15 minutes). The contract for delivering your order will take effect when you received the order confirmation text message.
You are responsible for paying through your registered App account for all Classes ordered, even if you have ordered the Classes for someone else.
For any above listed reasons, should you have any special needs, you will need to contact the Coach directly.
We do not provide Coaching Service directly and only act as an agent on behalf of the Coach to conclude your order from GOLFMATE App and to manage your experience via the order process. Once you placed an order, your Classes will be delivered to you by the Coach.
Under the below listed circumstances, you may be still charged for the ordered class and the delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons that you might cause a delivery to fail include (but are not limited to) are as follows:
Your order can be cancelled without charge at any time prior to the GOLFMATE’s Coach has accepted your order. If you wish to cancel an order before it is accepted, please contact us by using the contact number in the Recitals immediately. If the Coach User confirms the order will not been accepted, we will refund your payment using the same payment method which you have used for paying the order (excluding any discount, voucher that is applied to the order). If you intend to cancel any order after it is accepted by the Coach, you will be charged for the Class in full. GOLFMATE may notify you that your order has been cancelled at any time. You will not be charged for any orders cancelled by GOLFMATE or the GOLFMATE’s Coach User, and we will reimburse you for any payment already made using the same method you used to pay for your order.
To the extent permitted by law, charges paid by you for completed and delivered orders are final and non-refundable and GOLFMATE has no obligation to provide refunds or credits. Nothing in this clause takes away from any rights you may have under the Australian Consumer Law.
You have a legal right to receive services which match their description as close as possible, which are of acceptable quality, and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the classes you have been delivered do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit (in the form of voucher etc.) in respect of the affected, unless we have reasonable cause to believe that the problem was caused outside the delivery of classes. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, your account history, the actual facts on delivery and information from the Coach when determining the remedy that will apply in the circumstances. This process may take at least 14 working days to complete.
GOLFMATE reserves to right to determine, within reasonable ground, appropriate compensation for errors made by GOLFMATE and the Coach User.
In the event that GOLFMATE and the Coach User are required to be jointly liable for the refund, GOLFMATE will reserve the right of final interpretation.
You acknowledge that your use of the GOLFMATE App/Website is at your sole risk. The GOLFMATE App/Website is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the GOLFMATE App/Website. This site and all contents of the App/Website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the GOLFMATE App/Website, and that GOLFMATE shall not be liable for any damages of any kind related to your use of the GOLFMATE App/Website
We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of GOLFMATE. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the GOLFMATE App/Website.
GOLFMATE’s App, website, software, and services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Subject to the Non-Excludable Provisions and to the maximum extent permitted by Law, GOLFMATE is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
Under no circumstances will GOLFMATE be liable for any losses or damages whatsoever (including death injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information or opinions contained in the GOLFMATE App/Website. To the extent permitted under the locally applicable Consumer Laws, GOLFMATE excludes all the liabilities (negligent or otherwise) to uses of the GOLFMATE App/Website or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of system or process of date) arising from or in connection with any use of the information in the GOLFMATE App or on the Website.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the GOLFMATE App/Website, are copyrights trademarks and/or other intellectual properties owned, controlled or licensed by the GOLFMATE App/Website. The GOLFMATE App/Website as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by GOLFMATE.
All other trademarks, service marks, product names and company names or logos appearing on the App/Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
The materials on the GOLFMATE App/Website, and the GOLFMATE App/Website as a whole, are intended solely for personal, non-commercial use by you. You may download or copy the downloadable materials displayed on the GOLFMATE App/Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the GOLFMATE App/Website, the GOLFMATE App/Website as a whole, or any related software without the prior written permission of GOLFMATE.
All comments, feedbacks suggestions, ideas and other submissions disclosed, submitted or offered to GOLFMATE or otherwise disclosed, submitted or offered in connection with your use of the GOLFMATE App/Website shall be and remain GOLFMATE’s property. Such disclosure, submission or offer shall constitute an assignment to GOLFMATE of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
In using GOLFMATE App, website, software, or services, you may give the Company personal information and permit the Company to collect personal information about you. As the GOLFMATE’s Customer User, you consent and authorise GOLFMATE to use such information in connection with any online or offline offering or any electronic mail that we collect about you will be used to provide a more personalized purchasing experience. By using the GOLFMATE App/Website, you consent to the collection, use and management of this information by GOLFMATE.
GOLFMATE may from time to time change, move or delete portions of, or may add to the Terms that govern your use of the GOLFMATE App and Website. Such changes, deletions or additions shall be effective immediately upon notice thereof. We will use reasonable endeavours to notify you of the change either via e-mail or through a notice published on the GOLFMATE App or Website. Any use of the GOLFMATE App or Website by you after such notice shall be constitute acceptance by you of such changes, deletions or additions.
You agree to use the GOLFMATE App/Website for lawful purposes only. You shall not transmit through the GOLFMATE App/Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the GOLFMATE App/Website for any breach of this provision or any other provision of this Agreement.
The supply of Services and application(s) and website(s) set out in this Agreement is provided and controlled by GOLFMATE in Australia. The Federal Laws of Australia and the State Laws will govern all the terms, conditions and disclaimers on the GOLFMATE App/Website, including this Agreement without giving effect to any principles of conflicts of laws. Both you and GOLFMATE agree to submit to the non-exclusive jurisdiction of the courts of all the states in Australia or any other courts which may have jurisdiction to hear appeals therefrom.
In the event of a dispute arising in respect of any aspect of these terms and conditions, you and GOLFMATE agree to refer the matter to mediation as provided below and only upon failure to settle the dispute through mediation will you and GOLFMATE initiate legal proceedings with respect to the same. The mediation procedure is as follows:
For further questions regarding this Agreement, please contact firstname.lastname@example.org