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Golf24 Centre Membership Terms & Conditions

DEFINITIONS “Access Code” means your booking code allowing you to enter the Centre; “Agreement” means this Membership Agreement made between you and Golf 24;  “Billing Account” means the credit card account nominated by you to have your Membership Fees deducted from; “Centre” means the Golf 24 Centre your Membership Agreement pertains to; “Centre Access” means your right to access the Centre any time of the day or night; “Centre Rules” mean the rules applying to you as amended from time to time which are posted at the Centre and available on the Golf 24 website; “Golf 24” means Golf 24 Pty Ltd and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees;  “Joining Fee” means the fee specified in clause 3(h) of this Agreement which must be paid as a condition of being granted membership; “Member Portal” means the Golf 24 Member Portal; “Member” means the individual who has entered into this Agreement with Golf 24; “Membership Agreement” means the completed application for membership accepted by Golf 24 Pty Ltd, these terms and conditions, the Centre Rules and the Policies; “Membership Fees” means the annual fee payable for membership in the amount stated in clause 3(g) pursuant to this Agreement; “Minor” means a person under the age of 18 years; “Policies” means the Golf 24 membership policies as amended from time to time, which are located at www.golf24.com.au and available at your Centre on request; “Privacy Policy” means the Golf 24 privacy policy which is available at https://www.golf24.os-dev.com.au/privacy-policy/ or by emailing privacy@golf24.com.au; “Products” means any products that are purchased by you from Golf 24; “Staffed Hours” means the staffed hours for the Centre. Golf 24 reserves the right to change the Staffed Hours at any time without notice; “Written Notice” means a notice in writing, given in person, by email or post to the addressees last known address;  “You” means the person who has applied for membership of Golf 24 Centre. MEMBERSHIP APPLICATION All persons applying for membership of Golf 24 must complete and submit to management an application for membership in the form prescribed by Golf 24. All membership applications must be accompanied by the Joining Fee by the method specified by Golf 24. All applicants for membership must have attained at least the age of 14 years. Any application by a Minor must be accompanied by a form of consent signed by the Minor’s parent or legal guardian.  A Minor’s application for membership must be completed in person at Golf 24 Centre by both the Minor and their parent/guardian. All applicants for membership warrant that the information provided in their membership application is true, correct and complete. Upon acceptance of your membership application, you will be notified by Golf 24 of that you have become a Member of Golf 24 Centre. Golf 24 reserves the right to reject any application for membership and is not liable for any compensation in respect of such rejection.  MEMBERSHIP Nature of RelationshipBy becoming a member of Golf 24 Centre, you have a contractual right to use Golf 24’s premises, facilities, equipment and services on the terms and conditions contained in this Agreement.  In becoming a Member of Golf 24 Centre, you do not become the member of any club, an incorporated association or a private company.  Consequently, the statutes and rules governing those types of associations do not apply to your membership of Golf 24 Centre. GovernanceYour membership is governed solely by this Agreement. Right to AmendGolf 24 reserves the right, in its sole discretion, to amend these terms and conditions at any time upon giving the Member notice by text message or email. Personal MembershipAll applicants for membership of Golf 24 must be natural persons only. Not TransferableAs your membership of Golf 24 is a personal right, your membership is not transferable to any other person or entity. Change of DetailsYou must provide Golf 24 with details of any changes to your personal information which is relevant to your membership in writing. Membership CancellationGolf 24 may cancel your membership in its absolute discretion without cause.  You may cancel your membership upon giving written notice to Golf 24, but in that event, any Membership Fees paid in advance will not be refundable in whole or in part. Joining FeeThe Joining Fee is the sum of $190  The Joining Fee must accompany your application for membership.  In the event that your application is not accepted, the Joining Fee will be refunded to you in full. Membership FeeThe Membership Fee is the sum of $190 per annum which can be paid either: in a lump sum upon the applicant’s membership application being accepted If Membership Fees are paid by a credit card or other method attracting a merchant’s fee, the Member will pay an agreed surcharge of 1.5% of the amount paid by the Member on the relevant card.  Increase of FeesGolf 24 reserves the right at any time to increase the Membership Fee, provided that if you paid your annual Membership Fee in advance, then there will be no increase of this fee until the expiry of your current membership. Membership RenewalIf you are invited to renew your membership, you will receive a membership renewal notice and an invoice for the Membership Fee.  Your membership will be renewed for 12 months upon payment of the Membership Fee. PROVISIONS FOR MINORS Any Member of Golf 24 Centre who is a Minor, must be accompanied by an adult or a guardian when visiting the Centre.  Minors cannot be left at the Centre unattended. ACCESS BY NON-MEMBERS Golf 24 grants only Members of Golf 24 Centre access to the Centre. No Member is permitted to bring a non-member into the Centre. If you breach clause 5(a) of this Agreement, you acknowledge that: you accept sole responsibility and liability for any injury, loss or damage to the non-member whether or not caused or contributed to by the negligence of Golf 24; Golf 24 reserves the right to terminate your membership for bringing a non-member into the Centre; You authorise Golf 24 to debit your credit card for the sum of $250.00, being the agreed fee payable by you for breaching this term of your Membership Agreement. ORIENTATION A membership will not be granted to any applicant unless and until they have successfully completed Golf 24’s member orientation/induction program. The orientation focuses on various aspects of the Centre including, but not limited to, Centre layout, amenities, entry and exit areas; the safe use of equipment and fire escape instructions. If Golf 24 determines that you are not using Golf 24’s premises, amenities or equipment as required by Golf 24, then Golf 24 can require you to undertake further orientation in which case your membership is suspended until such time as your additional orientation is successfully completed in the determination of Golf 24. 30 DAY GUARANTEE  If you are not satisfied with your Golf 24 membership within the first 30 days, your membership may be cancelled and the Membership Fee will be refunded. The Membership Fee is non-refundable after 30 days. The Application Fee is not refundable.  COMMUNICATION You agree to receiving marketing and promotional emails from Golf 24 unless and until you opt to unsubscribe to material of this type. You may not opt out of receiving emails regarding your membership of Golf 24 Centre. Any Written Notice required to be given by Golf 24 to you may be provided by way of email or text message to the address/number provided in your membership application or as updated by you. ENTRY TO PREMISES  As a member your entry to the Golf 24 Centre is by way of the Golf 24 booking system which sends a unique access code each time you make a session booking. the Access Code issued to you is personal to you and must not be transferred or disclosed to any third party. If your Access Code is lost or stolen, you must immediately notify Golf 24 to obtain a replacement. If you allow another person to use your Access Code for any purpose, that conduct will be regarded as serious misconduct entitling Golf 24 to terminate your membership immediately without notice.  If at any time Golf 24 suspends or terminates your membership you will no longer have access to the booking system. MEMBER’S PROPERTY You must supply and use only your own equipment. Golf 24 will not provide any equipment for your use at the Centre.  All golf clubs used by you must be in good order and condition and must be free of dirt and mud. Golf balls must be clean and free of dirt and mud. Golf shoes must be clean and free of dirt and mud. You acknowledge that you bring your golf equipment and any other permitted property at your own risk. You accept that Golf 24 will not be liable for any of your property that is lost, damaged or stolen while you are at the Centre.  PHOTOS AND VIDEOS  You are prohibited from taking any photos or video of any person or activity at the Centre, unless specifically authorised by Golf 24 personnel. You acknowledge that 24 hour surveillance of the Centre is necessary for security purposes. You consent to being videoed while at the Centre for this purpose. DRUG/ALCOHOL USE You may not bring any alcohol or illicit drug into the Centre. You are prohibited from coming upon or remaining at the Centre premises when Golf 24 personnel determine in their sole discretion that you are or may be adversely affected by liquor or drugs. Your membership may be summarily terminated if you breach any of the rules contained in this clause 12. MEMBER’S CONDUCT You will at all times conduct yourself in a polite and orderly fashion whilst at the Centre. You must be respectful and polite to other Members and Golf 24 staff. You must be well dressed at all times that they are at the Centre. If a Golf 24 staff member determines that your clothing is not befitting of the image given to the public by Golf 24, then you agree to leave the premises upon request by Golf 24 staff. Golf 24 will not tolerate outbursts of temper involving the use of profanities, yelling or any action which might cause fear or discomfort to other Members or Golf 24 staff. Golf 24 absolutely prohibits any damage or abuse to its facilities by you, in particular damage caused by club throwing or wild ball striking. You must not use Golf 24’s facilities except as directed by Golf 24 staff and/or the manufacturer of the facilities in use. You must abide by directions given by Golf 24 staff, particularly as regards the proper use of Gold 24’s equipment. No smoking is permitted upon the premises which includes the use of e-smoking utensils. You may wear only closed in golf-suitable footwear when using Golf 24’s facilities. You must not attend the premises wearing thongs, sandals, slippers, Ugg boots, dirty work boots or in bare feet. No food or drink is to be brought upon the premises. Only food and beverages supplied by Golf 24 may be consumed by you on the premises. You must not behave or conduct yourself in a way that would jeopardise Golf 24’s premises lease, agreements that it has with equipment suppliers, or its insurers. A breach of any of the conduct rules contained within this clause 13 entitles Golf 24 to suspend or terminate your membership in its absolute discretion. Golf 24’s determination in this regard will be final and binding on you and you acknowledge and accept that you have no right to appeal any such determination.  LIMITATION AND EXCLUSION OF LIABILITY Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law (ACL), or the exercise of a right conferred by such a provision, or any liability of Golf 24 in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL as regards the supply of services. If Golf 24 is entitled to limit its liability for the supply of the services as provided for under this Agreement, then to the full extent permissible, Golf 24 limits its liability to you to resupply any services regarded as defective or to pay the cost of them being resupplied up to the limit of the value of the services supplied to you. To the full extent permitted by law, Golf 24’s liability for all of your claims in the aggregate, whether those claims be for breach of contract, negligence or otherwise, and whether those claims are only for economic loss or for personal injury or other damage arising under or in connection with these terms and conditions is excluded for: any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you howsoever caused and under any theory of liability including, but not limited to, loss of profit, loss of goodwill or business reputation, loss of data, costs of procurement of substitution, goods or services or other intangible losses; any reliance placed upon membership of Golf 24 or the Member benefits available to the Member under this Agreement; or any service that Golf 24 provides in connection with membership. Golf 24’s liability for the matters stated above will be limited to the greater of: the lowest amount permitted by law; or the total money paid by the Member to Golf 24 for membership in the one month period preceding the date the event giving rise to the relevant liability occurred. INDEMNITY You agree to indemnify Golf 24 from and against all losses, claims, expenses, damages and liabilities (including any direct, indirect, special of consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs brought against Golf 24, by or on behalf of the Member, in excess of the Member’s rights as limited in this clause 15. INTELLECTUAL PROPERTY The Member acknowledges that the equipment provided by Golf 24 is subject to intellectual property protections and the Member’s use of that equipment will always be subject to those rights. The Member uses Golf 24’s equipment based on a revokable non-exclusive personal licence to use the equipment for the duration of their membership and subject always to the terms and conditions of this Membership Agreement. Members agree not to copy, reproduce, alter, modify, create derivative works or publicly display any of the intellectual property associated with the equipment used in Golf 24’s facilities.