TERMS AND CONDITIONS
These terms and conditions apply to the subscription-based website Golfer Bank (GB) available at www.golferbank.com or, www.golfbank.com.au, or www.golferbank.com.au when available, on a web and/or mobile application and any other like software utilised by Golfer Bank from time to time. The GB website is made available by Golf Surprize Pty Ltd. ABN: 40 606 923 620, 5 Horizons Dr, Salamander Bay NSW 2317. Golfer Bank offers registered subscribers access to a free and paid Subscription Service, including access to prize and point draws, challenges, spending points, selling points. In these Terms, we refer to you as 'you', 'your' or 'Subscriber'.
By engaging with Golfer Bank you acknowledge and agree that your access to, and use of the website is subject to the Terms. The Terms include these terms and conditions as updated from time to time, including but not limited to any promotions, our Privacy Policy and our Cookies Policy.
DEFINITIONS
MOBILE/CELL NUMBERS
You hereby agree to enter a relationship with Golfer Bank. As a registered handicapped golfer, or social golfer, you agree to register any customer mobile/cell number with Golfer Bank as required.
You agree that the registered number entered on the Golfer Bank system is your number used in day to day business or personal life.
Golfer Bank™ retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Golfer Bank™ Services at its discretion.
MAXIMUM LIABILITY
Except as expressly provided in these Terms, the maximum liability of Golfer Bank™ is the amount paid to Golfer Bank™ by the customer.
CLIENT PRIVACY
Golf Surprize™ agrees to adhere to its Privacy Policy which can be found at http://www.targetscores.com.au/privacy.php
INDEMNIFICATION
You agree to indemnify and hold Golfer Bank™, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Golfer Bank™ Material or Golfer Bank™ Services.
GOLFER BANK SUBSCRIPTION
In consideration for joining the site and paying the Subscription Fee when due, Golfer Bank provides its Subscribers with access to the Subscription Service.
‘Subscription Fee’ means the annual fee charged to Subscribers for the Subscription Service.
‘Subscription Service’ means the service provided by Golfer Bank to a Subscriber under these Terms and Conditions.
In order to sell points, you must pay the yearly Subscription Fee and register as a Subscriber in Golfer Bank under these Terms.
In completing your subscription, personal information shall be handled and collected in accordance with our Privacy Policy.
By registering, subscribing and creating an account with the Subscription Service, you declare and warrant that you:
(a) are at least eighteen (18) years of age;
(b) are of a legal capacity enter into a legally binding agreement with Golfer Bank;
(c) will use the Subscription Service in accordance with these Platform Terms.
SUBSCRIPTION FEES
In these Terms, the Subscription Fee for the Subscriptions are the fees last published on the Golfer Bank at the time of subscription, and renewal thereof. Subscriptions must be paid in full at the time of purchase.
YOUR OBLIGATIONS
As a Subscriber, you agree and acknowledge the following:
(a) You will not upload a virus or malicious malware to the website.
(b) You will not collect any content via any electronic, digital or any other means without written consent.
(c) You will not hack anyone other Subscriber’s content or account.
(d) You will not ‘troll’ against any other Golfer Bank Subscribers.
(e) You will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission.
(f) You will not share any of your password login information with any person, and if you do are personally responsible for the access your account and any illegal or inappropriate content they may post or share under your account.
(g) You agree and acknowledge not to violate any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law applicable in that jurisdiction.
(h) You agree and acknowledges not to create any account under another person’s name or a false name or impersonate another person, when using the website.
(i) The winner of a prize acknowledges and agrees that Golfer Bank and its related bodies corporate hold all rights, and are the sole, unencumbered, legal and beneficial owner of all rights, title and interest (including copyright, whether vested, future or contingent) in and to the Content throughout the world in perpetuity and the winner grants all consents which may be required for the exploitation of the Content on a worldwide, royalty free, perpetual, irrevocable and exclusive basis to use, reproduce, edit and display any Content in any and all media now known or hereinafter devised, throughout the world. In addition, and without limiting the foregoing, the winner agrees that Golfer Bank may, in its sole discretion, post and/or use the Content in whole or in part, on social media platforms and/or website.
YOUR GOLFER BANK ACCOUNT
As a Subscriber, when you provide us with your Personal Information, you warrant the following:
(a) You will only provide true information when you are creating your account, and you will keep your information current.
(b) You will not create an account in the name of any other person or use any other person’s information in creating an account which you control.
(c) If we have deleted or restricted your account, you will not create another account in your name or alternative name without the written consent, given in its absolute discretion.
TERMINATION
Golfer Bank can terminate your Subscription, access and/or participation in any aspect of Golfer Bank, at our sole discretion if Golfer Bank believes you have breached any of the Terms and/or you have yourself, are facilitating the unlawful activity or have entered false scores, or If Golfer Bank suspects that any information provided by you is inaccurate or incorrect. You forfeit all points in you Golfer Bank account without compensation.
If you wish to cancel your Subscription, you can do by notifying Golfer Bank in writing by email to ask@golferbank.com
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
These Terms of Use are governed by the laws of the State of New South Wales, and the federal laws of Australia. Any claim or dispute between you and Golfer Bank that arises in whole or in part from the website will be decided exclusively by a court of competent jurisdiction located in the State of New South Wales.