About Terms and Conditions Welcome to GOLF Link Mates, a subscription-based site (the "Site") where members can share handicaps, statistics, charts, leaderboards, stay in touch in with their friends and more (the "Service") all online within the GOLF Link website. GOLF Link Mates is operated by GOLF Link Partners Pty Limited ACN 081 497 154 ('GLP, we, us, our'). By using the Service you accept and agree to be bound by the following terms and conditions (the 'Terms').
1. CHANGES TO GOLF LINK MATES AND THE TERMS
We reserve the right, at out sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the effective date of change. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms so that you will be appraised of any changes.
2. ELIGIBILITY AND REGISTRATION
The Service is made available for your personal, non-commercial use only. You must not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws and these Terms regarding online conduct and acceptable content, including laws regulating online data. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Material') that you submit, post, and display on the Site. We may, at our sole discretion, host some or all of the Material on a third party server.
If you chose a 12-month Mates subscription package, it will be renewed every 12 months unless you request to stop the subscription renewal via email at help@golflink.com.au or phone on 1300 650 750. If you opted for the three-year subscription package, it will not be automatically renewed.
Mates Reader subscriptions will be renewed at the current Mates Reader package membership price (AUD $84.95). Other 12-month Mates subscriptions will be renewed at the current Mates Par package membership price (AUD $ 29.95). Please note that pricing of Mates subscriptions is subject to change at any time.
3. MEMBER CONDUCT AND APPROPRIATE CONTENT
The Service is made available for your personal, non-commercial use only. You must not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws and these Terms regarding online conduct and acceptable content, including laws regulating online data. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Material') that you submit, post, and display on the Site. We may, at our sole discretion, host some or all of the Material on a third party server.
We may, but shall have no obligation to, remove Material that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or which infringe or violate any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does GLP have any obligation to check the accuracy or truthfulness of any Material, nor to monitor any Member’s use of the Service.
4. SMS HANDICAP ALERTS
If you tick the box that states "Tick this box if you do not want to receive free SMS handicap alerts" you will not be subscribed to SMS Handicap Alerts. By subscribing to Golf Link Mates you can receive a number of free SMS handicap alerts (the number will vary based on the package purchased, please check package information for details). When the free SMS alerts expire you will receive a notification message with options to continue receiving SMS alerts or to stop them by texting STOP to 199 GLINK (19945465). By subscribing to Golf Link Mates you agree to the SMS Handicap Alerts Terms and Conditions which can be found at here.
5. CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
By using the Service, you agree to accept marketing material and other emails from GLP which may include special offers on goods and services, golfing and other news including news of upgrades to the Site.
We may, but shall have no obligation to, remove Material that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or which infringe or violate any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does GLP have any obligation to check the accuracy or truthfulness of any Material, nor to monitor any Member’s use of the Service.
6. PROPRIETARY RIGHTS
GLP does not claim any ownership rights in any Material that you submit, post, or display on or through the Site. After submitting, posting or displaying Material on or through the Site, you continue to retain all ownership rights in such Material, and you continue to have the right to use your Material in any way you choose. By submitting, posting or displaying any Material on or through the Service, you hereby grant to GLP a licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material solely on and through the Service.
Without this licence, GLP would be unable to provide the Service. For example, without the right to modify your Material, GLP would not be able to digitally compress music files that you or other Members submit, or otherwise format Material to satisfy technical requirements. Again, without the right to publicly perform Material, GLP could not allow users and Members to listen to music posted by Members. The license you grant to GLP is:
This licence will terminate at the time you remove your Material from the Site, except that you agree that the licence will continue solely with respect to other Members’ continued use of your Material that are not music or video (i.e. photos and skins); provided, however that if you remove any of the Material from the Site, then GLP reserves the right to removal all of your Material from other Member’s pages. This licence does not grant GLP the right to sell your Material, nor does the licence grant GLP the right to distribute your Material outside the Service.
You represent and warrant that:
You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Material posted by you to or through or on the Site.
GLP and its associated and related entities - as those terms are known under section 9 of the Corporations Act 2001 (the "Associated and Related Entities") - and licensors own and retain all rights in the Golf Link Mates Site and Service, including all proprietary rights and confidential information that is protected by applicable intellectual property and other laws, including without limitation all
presented through and as part of the Service by GLP. Except as expressly authorized by GLP, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of GLP’s proprietary information. ‘Golf Link Mates’ and ‘Golf Link Partners’ are trademarks of Golf Link Partners Pty Limited A C N 081 497 154.
7. PRIVACY POLICY
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Golf Link Mates Privacy Policy.
8. COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. GLP respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on the Site, please contact us and provide us with the following information:
9. INTERNET ACCESS
GLP shall not be responsible for any connection or access to the Golf Link Mates Site by you or the quality of the transmission of any information passing between you and the Site. You will be responsible for providing your own communications equipment to access the Golf Link Mates Site via the internet, and the applicable internet access charges.
10. PAYMENT, PRICES AND PRICE INCREASES
Unless you are the recipient and redeemer of a GOLF Link Mates Pass (see item 12 below), you must be authorised to use the payment method you use on the GOLF Link website. You authorise us to charge you for the service using your payment method and for any other paid feature of the service for which you choose to sign-up or use while this contract is in force. You pay the annual subscription fee in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
The price for the service includes GST. You are responsible for any taxes that you are obligated to pay or that we may collect from you. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time.
11. MATES PROGRAM MEMBERSHIPS ACTIVATED BY COUPONS OR VOUCHERS (“PASS”)
On a regular basis, some GOLF Link Mates memberships will be activated through the redemption of GOLF Link issued coupons or vouchers (“Passes”).
GOLF Link Mates Passes are defined as serialised activation codes generated by GOLF Link for specific promotional, marketing or commercial purposes and intended for limited use by the direct or indirect target recipients.
Passes enable eligible GOLF Link members to become GOLF Link Mates members upon redemption, generally at a price and period different to those published as part of the publicly available GOLF Link Mates memberships.
Passes types and special conditions for redemption and use are specific to the intended redeemer, which will be outlined in the email which includes the activation code. Redemption of Passes imply acceptance of the GOLF Link Mates Site and Service Terms of Use here in. Unless otherwise stated, GOLF Link Mates Passes will not include limited-time offers or promotions linked to published GOLF Link Mates program memberships. Strictly speaking, Passes will enable standard GOLF Link membership functionality and benefits (e.g. discounts on tee times, green fee vouchers).
12. TERMINATION OR CANCELLATION OF THE SERVICE
These Terms will apply to your use of the Service. At any time, you can terminate or cancel your account and upon any termination or cancellation (by you or us), GLP will remove such parts or the whole of your Material from view as it sees fit.
Should you wish to cancel your use of the Service, you can do so by calling our Help Desk on 1300 650 750 at any time between 8 am and 8 pm Mondays to Fridays.
Payments made monthly in advance or yearly in advance are non-refundable in the event of any cancellation or termination of this agreement by either party during the period in respect of which such payment has been made. No pro rata refunds are given.
We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other miscellaneous provisions shall survive any termination of your membership.
GLP may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Site or use of the Service under any provision of the Terms may be effected without notice, and you acknowledge and agree that GLP may immediately deactivate or delete your account and all related Material and files on or in your account and/or bar any further access by you to such Materials and files or the Service. Where possible, GLP will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Service. Further you agree that GLP shall not be liable to you or to any third party for any termination or suspension of access to the Service or modification of the Service.
13. DISCLAIMER OF WARRANTIES
GLP and its Associated and Related Entities, licensors, partners, members, suppliers, employees, consultants and agents (the 'Disclaimers') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Material displayed on the Site.
The Disclaimers further expressly disclaim:
GLP expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Material of the Service input by other Members is correct or accurate.
THE SERVICE, AND ALL MATERIAL, INFORMATION (INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIAL OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS', 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. GLP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
14. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL GLP, ITS ASSOCIATED AND RELATED ENTITIES AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT GLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY:
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE, AND
TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONITNUE USING THE SERVICE AND THE SITE.
Certain legislation, including the Trade Practices Act 1974, as amended, may imply warranties or conditions or impose obligations upon GLP which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read and construed subject to any such statutory provisions. If such statutory provisions apply, to the extent to which GLP is entitled to do so, its liability shall be limited at its option to:
in the case of supply of goods:
in the case of services:
YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
15. HOLD HARMLESS AND INDEMNITY
You agree to hold harmless and indemnify, and at GLP’s request defend, GLP, its Associated and Related Entities and their respective owners, officers, managers, members, agents, and employees from and against any third party claim arising from or in any way related to your use of or conduct in using the Service, including any liability or expense arising from any action or claim of any kind and of any nature. In such a case, GLP will provide you with written notice of such action or claim.
16. NOTICES
GLP may provide you with notices regarding the Service or these Terms by regular mail, email, or postings to the Site.
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17. LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances, regulations, contracts and applicable licences regarding your use of the Services.
18. MISCELLANEOUS
These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the courts located in the State of New South Wales.
If a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
You shall not assign this agreement or assign any right or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be void and of no effect.
Without limiting the foregoing, under no circumstances shall GLP be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or material, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance by third parties, or loss of fluctuations in heat, light, or air conditioning.
These Terms constitute the entire agreement between you and GLP with respect to the subject matter hereof and supersede all prior agreements or understandings whether written or oral, regarding such subject matter. Any waiver of any provision of the Terms by a party will be effective only if in writing and signed by both parties.
