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Terms and Conditions

 

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”).

 

  1. Your Acknowledgement

 

By accessing https://www.golf-mate.com.au (the “Website”), downloading, installing, or using GOLFMATE App, you as the user are deemed to be:

 

      • Your use of the Service, software and products is subject to these Terms of Service as well as the Privacy Policy and any other rules and policies of the GOLFMATE App/Website that We may publish from time to time. This document and such other rules and policies of the GOLFMATE App/Website are collectively referred to below as the “Terms”. By accessing the GOLFMATE App/Website or using the Service, you agree to accept and be bound by the Terms. Please do not use the Service or the GOLFMATE App/Website if you do not accept all of the Terms.
      • Fully understand and agree to be bound by the Terms and Conditions set out in this Agreement.
      • You acknowledge and agree that We may amend any Terms at any time by posting the relevant amended and restated Terms on the GOLFMATE App/Website. By continuing to use the Service or the GOLFMATE App/Website, you agree that the amended Terms will apply to you.
      • If GOLFMATE App/Website has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Service or the GOLFMATE App/Website.
      • Fully understand the Company does not provide actual coaching service, which means all coaching services are conducted by Company’s Coaching Partners (the “Coach User” or “Coach”) who work as independent contractors. The Company only facilitates the coaching service via GOLFMATE App so that your order can be delivered by the coach you choose.
      • The Terms may not otherwise be modified except in writing by an authorized officer of GOLFMATE App/Website.

 

  1. Services

 

      • You must register as a member on the app in order to access and use Service. Further, GOLFMATE App/Website reserves the right, without prior notice, to restrict access to or use of certain Service (or any features within the Service) to paying Users or subject to other conditions that GOLFMATE App may impose in our discretion.
      • Service (or any features within the Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. GOLFMATE App may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different Users.
      • GOLFMATE App may launch, change, upgrade, impose conditions to, suspend, or stop any Service (or any features within the Service) without prior notice except that in case of a fee-based Service, Users shall be notified no less than fourteen (14) days prior to any change in such Service.
      • Some Service may be provided by GOLFMATE App’s affiliates on behalf of Golf Coach App.

 

  1. User Account

 

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.

 

  1. Placing Orders

 

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.

 

  1. Order Delivery

 

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:

 

      • You do not come to the class in the scheduled time.
      • The Coach User suspects that your age is under 18 and refuses to deliver the Class to you when you are not accompanied.

 

 

  1. Prices and Payment

 

      • Prices include GST or other applicable consumption taxes outside Australia. You will need to understand that the prices from menu items displayed on GOLFMATE App may differ from the prices offered or published by the Coach for the same menu items and / or from prices available at other third – party websites, and that such prices may not be the lowest prices at which the menu items are sold. To the extent permitted by law, GOLFMATE has no obligation to itemise its costs, profits or margins when publishing such prices. GOLFMATE reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement. GOLFMATE may operates dynamic pricing some of the time, which means prices of Classes may change while you are browsing. Prices may also change at any time at the discretion of the Coach (Coach user). GOLFMATE reserves the right to charge distinctive service fees on using online payment methods, which the service fees may be subject to change. Any applicable service fee is displayed on the App before you are finalizing your payment on the checkout page of the GOLFMATE App.
      • Payment will be processed by the Company, using preferred payment method designated in your account. The most prevailing method of the payment when you place your order via the GOLFMATE App is to adopt the online payment method. We have partnered with several online payment service providers, by which you are able to use the specific online payment methods such as Visa, Master, Apple Pay, WeChat Pay, Alipay, and UnionPay. Without a doubt, you can bind your Visa Card and Master Card to your Account to proceed with the payment in the GOLFMATE App. We act on behalf of the Coach (the Coach user) to collect the payment from you. The amount of the payment will include the Coach’s charges on the ordered classes plus the online payment surcharge. You may request a tax invoice via GOLFMATE App after the order has been completed. Upon your request, the tax invoice of the order will be sent to your email account which is linked to your GOLFMATE App account.
      • By placing your order via the GOLFMATE App, you will be charged for the Class on a GST or other applicable consumption taxes exclusive basis. Charges will be inclusive of applicable taxes where required by law. Charged paid by you are final and non-refundable, unless otherwise determined by GOLFMATE or required by the local consumer law. Refund Policy will be explained in Clause 9. You may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. All charges are due immediately and payment will be facilitated by GOLFMATE using your preferred payment method designated in your Account, after which GOLFMATE will send you a text message or in-app notifications to inform you the process and status of your order. If your preferred payment method is determined to be expired, invalid or otherwise not able to charge, you agree that GOLFMATE may use a secondary payment method in your Account, if available.

 

  1. Cancellation

 

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.

 

 

  1. Refund and Return Policy

 

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.

 

  1. Disclaimer of Liability

 

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.

 

  1. Limitation of Liability

 

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.

 

  1. Copyrights, Trademarks and other Intellectual Property Rights

 

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.

 

  1. Privacy and Data Protection

 

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.

 

  1. Modification

 

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.

 

  1. Legal Compliance

 

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.

 

  1. Governing Law

 

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.

 

  1. Dispute Resolution

 

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:

 

      • a party may commence mediation by serving a mediation notice on the other party;
      • the notice must state that a dispute has arisen and identify the nature of the dispute;
      • the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within 7 days of service of the mediation notice, either party may apply to the President of the Law Institute of Australia or the nominee of the President to appoint a mediator;
      • once the mediator has accepted the appoint the parties must comply with the mediator’s instructions;
      • if the dispute is not resolved within 30 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases;
      • The mediator may fix charges for the mediation which charges must be borne equally by the parties.

 

  1. General

 

      • No joint venture, partnership, employment, or agency relationship exists between you, GOLFMATE or any third-payment provider as a result of this Agreement or use of GOLFMATE App.
      • GOLFMATE may subcontract any of its obligations under this Agreement without your prior written consent.
      • GOLFMATE may from time to time vary, modify or discontinue, temporarily or permanently, any or all of the website, application or software.
      • You consent to receive communications from GOLFMATE in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to your electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

 

  1. Contact Information

 

For further questions regarding this Agreement, please contact info@golf-mate.com.au