MEMBERSHIP AGREEMENT

This Agreement sets out the terms on which you agree to become a member of The Golf Collective Pty Ltd ACN 643 467 547 ABN 16 643 467 547 (collectively and individually referred to as “The Golf Collective”, “we”, “our”, or “us”) and incorporates to the extent applicable, the Website Terms & Conditions and Privacy Policy.

When you sign this Agreement, you are entering into a legally binding contract with us and you accept the terms of this Agreement and any amendments to it.

If you are unclear or unsure or have any questions about this Agreement, please ask us before you sign. It is important that you carefully read the terms and conditions set out below before you sign.

MEMBERSHIP

Entering a Membership

Members can enter a Membership Agreement by completing the registration for via Our Website. By registering as a Member you agree that you are at least 18 years old or if under 18 years old have parent/guardian permission.

Membership Fees

Our Membership Fees are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). We reserve the right to change our Membership Fees from time to time and you acknowledge and agree that you will be responsible for all charges incurred by you.

Authority to Deduct Fees

(a) By nominating a credit or debit account, you are expressly agreeing to be billed on a recurring basis for your Membership. Your Membership payment will be deducted automatically on an “upfront” basis, with the first payment on the date you sign up and future payments on the monthly or annual anniversary of the date you signed up and your Membership will continue until your Membership is a) canceled or b) placed on hold. If placed on hold, the Membership will remain on hold until the requested resume date or if a resume date is not specified, the Membership will remain paused indefinitely.

(b) You will be charged the same monthly or annual amount based on the Membership package you have selected unless configuration changes are made to the Membership, or you cancel and then resume that Membership.

(c) Where you fail to pay your Fee or we are unable to deduct the amount, we reserve the right to suspend your Membership until all outstanding amounts have been paid. This is in addition to any other rights we have under this Agreement including the ability to terminate for non-payment.

Cooling Off

If you change your mind after joining, you have 3 days to cancel your Membership starting on the Commencement Date. For notice to be effective, you must complete this via Our Website within the Cooling Off Period. Additional written notice can be provided by email.

Cancellation

There is no contract or cancellation fee for cancellation of your Membership. Membership charges are dependent on the type of membership you have selected. Your Membership may be cancelled at any time via email communication with our customer support team or via Our Website. If contacting via email you must contact us at least 48 hours before the date you are scheduled to be charged next (Next Payment Date). If you request to cancel on your Next Payment Date, the cancellation will not be approved and you will be charged for that month.

The term of your Membership is continuous, unless cancelled or terminated.

Refunds

All payments made are non-refundable unless in the event that you cancel a 12 monthly Membership, a pro-rata refund may be available for the unused portion of your Membership. All cases will be considered on a case by case basis. The Golf Collective does not warrant that a refund will be given in any circumstances.

Loss or Damage to Property

You are responsible at all times for your personal property and we recommend that you have appropriate insurance to protect your belongings.

Golf Club/Courses

We will not be responsible under any circumstances for any costs or expenses incurred to attend a Golf Club.

YOUR OBLIGATIONS, HEALTH & SAFETY AND ACCEPTABLE CONDUCT

Your Obligations

You acknowledge and agree:

(a) That The Golf Collective offers its Membership program with no guarantee of results of any kind. You agree that any results that occur during your membership, whether positive or negative, are the effects of your own personal choices;

(b) That all of the information you have provided to The Golf Collective and its representatives is accurate, up to date, and without the omission of any requested information;

(d) That even if you have omitted any necessary personal information, whether knowingly or unknowingly, you will hold The Golf Collective harmless against all liability for any damages that may occur to you or others because of your actions or inactions;

(e) You are at least 18 years old, or if under 18 years old have parent/guardian permission;

(f)To notify The Golf Collective of any changes or upcoming changes concerning your personal information;

and

(g) That your participation in the Membership may involve risks. These risks may lead to tangible or intangible harm, and you agree that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of their own will and volition, to continue participating in the Membership.

Health & Safety and Acceptable Conduct

(a) When you sign this Agreement, you must ensure that you are in good physical condition and that there are no medical or other reasons that would prevent you from participating. If you are unsure, then you must not participate, and you must inform The Golf Collective as soon as possible.

(b) You must not participate if you are suffering from any illness or injury or such other condition that could risk your health and safety or the health and safety of others.

We reserve the right to suspend or cancel your Membership immediately if we have reason to believe that you have not complied with this clause or any other terms of this Agreement that apply to you and a refund will not apply in these circumstances.

OUR LIABILITY TO YOU

Statutory Guarantees

Under ACL, we guarantee that the services we supply will be provided with due care and skill; are reasonably fit for the purpose and the objectives you wish to achieve and/or are supplied in a reasonable time or as otherwise agreed based on the selected Membership package.

Express or Implied Warranties

(a) All express or implied warranties, representations, statements, terms and conditions relating to this Agreement or its subject matter, not contained in this Agreement will be excluded from this Agreement to the maximum extent permitted under ACL or any other applicable law.

(b) Nothing in this Agreement excludes, restricts or modified any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified.

(c) If any condition or warranty implied into this Agreement and cannot be excluded, and The Golf Collective is able to limit the Member’s remedy for breach of such a condition or warranty, then the liability of The Golf Collective is limited:

(i) in the case of goods to the replacing of the goods or of acquiring equivalent goods or the payment of the cost of having the good repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Indemnity

The Member must indemnify and hold The Golf Collective harmless from all claims and losses arising from loss, damage, liability, injury to The Golf Collective, its employees and third parties, or third party losses due to or arising out of any breach of the Member’s obligations under this Agreement.

Liability

(a) In no event shall either party be liable to the other party for any incidental, indirect, consequential, punitive or special damages (including but not limited to damages to business reputation, lost business, or lost profits), whether foreseeable or not and however caused, even if such party is advised of the possibility that such damages might arise. The foregoing restrictions shall not apply to a party’s confidentiality and indemnification obligations under this Agreement.

(b) The Member acknowledges and agrees that The Golf Collective’s liability (including under indemnity) will be capped to the return of all payments received for the Membership under this Agreement.

(c) The Golf Collective’s liability under this agreement (including under indemnity) will be reduced to the extent that the acts or omissions of the Member contribute to or cause the liability.

PRIVACY AND CONSENT

Privacy

When you apply for your Membership, we will require you to provide us with certain personal information about you; this may include information about your health and finances. Your privacy is extremely important to us and we take your privacy seriously. We will only use the personal information provided by you to us strictly for the purposes of providing you with our Membership services, and to market to you with your consent. Where you wish to withdraw your consent, you can unsubscribe within the body of any email we send or inform us via email.

Consent

By signing this Agreement, you consent to The Golf Collective collecting, using, disclosing and dealing with your information in accordance with our privacy policy which you can access at any time here.

MISCELLANOUS PROVISIONS

Entire Agreement

This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

Governing Law

The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws in force in the place specified in the “Details” section at the start of this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

Counterparts and Electronic Signature

This Agreement shall become binding when any one or more counterparts, individually or taken together are signed by the parties. This Agreement may be executed in counterparts, and may be executed by way of electronic signature, including accepting by clicking “I consent” or “I agree” or similar and if so, shall be considered an original, properly executed agreement.

Amendments

We may sometimes make changes to the terms of our Agreement. In the event that we do, we will ensure that we do this fairly and provide you with sufficient notice of any changes to allow you the opportunity to cancel your Membership if you are adversely affected by the change and do not agree to it.

The effective date of any change will be at least 30 days from the date we inform you of the change unless it is not practical for us to inform you in this time. Your Membership will be amended to reflect the date the changes are implemented, being the effective date of that change.

Severability

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

No Representations

Each party acknowledges that no party (nor any person acting on a party’s behalf) has made any representation or other inducement to it to enter into this Agreement or as to future conduct, except for the representations or inducements expressly set out in this Agreement.

Assignment

You cannot assign or novate this Agreement or otherwise deal with the benefit of it or a right under it, without the prior written consent of The Golf Collective. The Golf Collective may assign or novate this Agreement or otherwise deal with the benefit of it or a right under it without your prior written consent.

Complaints and Feedback

If you have a complaint about your Membership, please inform The Golf Collective representative as soon as possible and follow up in writing via email at hello@thegolfcollective.co. Please provide us with all details relating to your complaint and we will ensure that we do our best to respond as soon as reasonably practicable to assess your complaint and advise you of the outcome.

Unexpected Events

In the unlikely event that The Golf Collective is unable to provide the Membership, for any reason including, but not limited to illness, injury, emergency, or act of God, sudden event or the other circumstances beyond the control of The Golf Collective (Force Majeure Event), then The Golf Collective will give you written notice providing full details of the Force Majeure Event and resolve, to the extent practicable, as soon as possible.

Notices

Any written notice under this Agreement can only be given in writing solely by email (in which case notice is deemed to have been received at the time the message enters the recipient’s server, except if the notice is set out of normal business hours or on a day other than a Business Day (a Business Day is a day not a Saturday, Sunday or a public holiday or a bank holiday in the place where The Golf Collective is located), in which case notice is deemed to have been given on the next Business Day.

Summary of Key Terms

Cooling Off Period – You can cancel this agreement within 3 days from the Commencement Date by giving us written notice (see ‘Cooling Off’)

Membership Transfer – Memberships are unable to be transferred.

Membership Fees – Fee will vary, depending on the membership package selected.

Placing your Membership on Hold – You many pause your membership at any time, by accessing your online account via our website.

Cancelling your Membership – You may cancel your membership at any time, by accessing your online account via our website.

Insufficient Funds – Where you have opted to pay by direct debit, you have an obligation to ensure that you have sufficient funds in your account. Please note that your bank or credit provider may charge you a fee for overdrawing your account.

Standard Terms

Definitions and Interpretation

Definitions

In this Agreement, the following terms have the stated meaning unless a contrary intention appears:

ACL means Australian Consumer Law as set out in the CCA.

Agreement means the Membership Agreement, including the Confirmation of Services, any recitals or annexures or attachments.

CCA the Competition and Consumer Act 2010 (Cth).

Cooling Off Period means the period of 3 days from the Commencement Date.

Commencement Date means the date that this Agreement and your Membership commences, as set out in the Confirmation of Services.

Direct Debit Amount means the amount set out in the Confirmation of Services that you have agreed to pay by direct debit during each Payment Period.

Fees means the fees payable by you to join and participate in the Membership as set out in the Confirmation of Services.

Membership means your membership of the The Golf Collective, being the type selected by you and as set out in the Confirmation of Services.

Payment Period means the frequency of your direct debit payments as set out in the Confirmation of Services.

Term means the term of this Agreement, as set out in the Confirmation of Services.

Interpretation:

In this Agreement:

(a) clause and other headings are for ease of reference only and do not affect the interpretation of the Agreement;

(b) words in the singular include the plural and vice versa; and

(i) a party to this Agreement include that party’s permitted assigns; and

(ii) including and similar words do not imply any limit.