Terms & Conditions
Who we are?
Go Golfer is a registered Business Name of Grange and Gentry Pty Ltd(We, Us or the Company). This website (gogolfer.com.au) is owned and operated by us. We welcome you to our website but point out that your use is dependent on you accepting these terms and conditions and abiding by our rules of use.
What we do?
On this website, we provide a platform for us, third parties, users and others to publish or make available information, advertisements, hyperlinks, products, services generally in relation to golfing equipment (Information).
To the extent permissible by law, other than as expressly stated in these terms and conditions:
- we do not warrant the accuracy or completeness of any information or advertisements placed on our website;
- we will not be liable in any way for any loss which arises as a result of any misrepresentation or inaccuracy or any failure of any goods or services supplied to meet their description or required standard of quality.
When you use our search engine on our website, we do not warrant the accuracy or completeness of the search results.
By accessing and using our website, you agree to be bound by these terms & conditions and any other terms and conditions referred to in them or notified from time to time by us on the website or by amendment to these terms and conditions.
Personal and non-commercial use
You are not permitted to access or use our website for commercial purposes unless expressly authorised by us in writing. Unless so authorised, you must not use or access our website except for personal and non-commercial use. This means that you must not download or copy information from the website for anything other than personal use. You must not re-distribute any information from the website without our prior written permission (which we will not unreasonably withhold). In particular, you must not do any other following things or allow anyone else to do them on your behalf:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any Information;
- use or attempt to use any Information to create or populate any website, publication or database;
- mirror or frame any Information on any website;
- use any automated or manual process to obtain or copy any of the Information;
- publish, transfer or sell any of the Information;
- undertake any similar action which is in violation of these terms and conditions, inconsistent with them or in breach of any applicable law.
Access to website
If we reasonably consider that you or any party related to you has not complied with these terms and conditions, we may terminate the right of access to the website of you or such related party with a full reservation of rights to take any action we deem necessary to prevent any future access and recover any loss.
Use of website
The Information made available on our website is provided as general information only. The Information has not necessarily been prepared by professional, expert or qualified persons. The Information may not be appropriate for your circumstances and this should all be taken into account in your decision-making. In particular, your golf swing is unlikely to improve solely as a result of the equipment you use.
You agree to indemnify us against any liability, loss, claim or demand if we (or any of our officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or anyone related to or associated with you) of these terms and conditions, except to the extent that such loss or damage is directly caused by our own acts or omissions (or those of our officers, representatives, employees or agents.)
You must keep confidential your username and password used to access our website. You are solely responsible for any unauthorised access or use of your login details unless such unauthorised access was solely our fault.
Circumventing our systems
Our website and systems are designed to create a safe environment within which users can transact. We have designed the system so that your success is our success. Sellers pay us on a successful sale transaction. You agree not to do or refrain from doing anything that might involve a transaction taking place other than through our website and systems, or that might prevent or diminish the payment we would otherwise receive. In addition to our other remedies, you must indemnify us against any loss we suffer as a result of or arising out of any breach of the terms of this paragraph.
Goods and services provided by others
In relation to the goods and services offered by third parties on our website, to the extent permitted by law:
- you are responsible for making all relevant searches, enquiries and investigations in relation to the goods and services (including searching on Personal Property Securities Register);
- we do not act as any person’s agent or broker, or arrange any contract between you and any person. We do not provide any warranty or make any representation in relation to any goods or services supplied (unless we expressly say so in writing);
- we will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person;
- we will not be responsible for resolving any dispute between you and any other person.
Our liability to you
Other than as expressly set out in these terms and conditions, and the full extent permitted by law, all implied guarantees, warranties and representations in respect of any goods or services provided by us or via our website are excluded. To be clear, we are not excluding any right or remedy you may have under any applicable law (such as, for example, the Australian Consumer Law) that is non-excludable. In relation to those rights or remedies which cannot be excluded, our liability to you will be limited to the greater of (i) the fees paid to us for the relevant goods or services; or (ii) $100.00.
As far as is permitted by Law, we will not be liable to you for any indirect or consequential loss or damage.
Intellectual Property Rights
Our Information is protected by copyright. You must not use the Information other than as set out here. You may only use, copy or reproduce the Information for the purpose of browsing the website or making one copy for personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cwlth). Copies that are made in computer caches or backups are permissible. You must not alter or modify the Information in any way or remove any legal notice associated with it.
Our business name “Go Golfer” and domain name “gogolfer.com.au” are registered or unregistered trademarks owned by us. Other names of goods or services published on our website are trademarks of third parties. We cannot and do not give you a licence to use any intellectual property rights belonging to any third party.
By using our website, you grant to us a non-exclusive, payment-free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post or upload via our website for any purpose as we reasonably determine at any time. You warrant that by doing anything permissible under this license, we will not be infringing the intellectual property rights of any person. You also waive all moral rights in relation to any Information.
Communications
As part of our website, we may provide you with the ability to communicate with other users. Unless we state otherwise, you must assume that all communications are public and unencrypted. We may collect and/or store your communications but you should not rely on this.
In any communications via our website you must ensure that you do not:
- transmit anything that is incorrect, misleading or deceptive;
- transmit anything that is racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful or any information we otherwise deem to be inappropriate;
- transmit spam, contests, junk mail, surveys or other mass mailings;
- upload files that contain viruses, worms, malware, defects or anything similar;
- delete any legal notices or proprietary claims or labels;
- advertise or offer to sell any goods or services other than as reasonable approved by us;
- deal with any other communication that is contrary to these terms & conditions.
We may delete, prevent, edit or modify any communications and/or suspend your access if you are in breach of these terms & conditions.
Privacy
By using our website, you agree to our Privacy Policy which sets out how we collect, use and disclose your personal information.
Age
You warrant to us that you are at or above the minimum age in the place you reside to enable you to utilise our website, including entering into any transaction facilitated by it.
Governing Law
These terms and conditions are governed by the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the Courts situated there.
Variations
We may modify or amend these terms and conditions from time to time by publishing the modified or amended terms and conditions on our website.