Emajin Golf – Terms and Conditions

1. About the Website

Welcome to Emajin Golf (the ‘Website’).  The Website allows you to access and use the Emajin Membership and Services (the ‘Services’).

This Website site is owned and operated by Emajin Pty Ltd, ABN 68 638 176 413, trading as Emajin Golf.  Access to and use of the Website, or any of its associated Products and Services, is provided by Emajin Pty Ltd.  Please read these terms and conditions (the ‘Terms’) carefully.  By using, browsing and/or reading the Website, this signifies that you have read understood and agree to be bound by the Terms.

2. Acceptance of Terms

By submitting an application form and becoming a member at Emajin Golf, participating in our events, clinics or tours, signing up to our newsletter, or by clicking on “Join”, “Buy”, “Enter”, or by ticking the ‘I agree to Terms and Conditions” (or similar) button, you indicate your accent to be bound by these Terms.

These Terms, in conjunction with our Privacy Policy apply to all site visitors, customers, subscribers and other users of our products and services.

Please take time to read our Terms and Conditions and familiarise yourself with them, as they apply to the use of our site and our services.  By accessing and using our website, social media channels and any other materials, products and services provided by Emajin Golf and by joining Emajin Golf as a member, you are taken to have accepted our Terms.

3. Changes to these Terms

Emajin Golf reserves the right to change or modify these Terms and Conditions at any time, consistent with applicable laws and principles and without notice to you.  These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our site and services.

If you are uncertain about the Terms and Conditions or anything else on our site, please do not hesitate to contact us before completing any purchase.   Remaining on the site, and your continued use of our services, events, membership, social media channels, newsletters and other products or services is deemed as acceptance of any modifications and amendment to our terms.

4. About the Service

We are a social golf club, providing official Golf Australia Handicaps, and organising golf competitions, events, clinics and tours.

If you are joining Emajin Golf or purchasing our products or services, you warrant that you are over 18 years of age and have the legal capacity to enter into a legally binding contract, or if you are under 18 years of age, then you must have parent/guardian permission.  If you do not qualify, please do not submit your application to us for membership.

Emajin Silver, Golf Networking and Weekly Online Competition Memberships are currently offered.  You acknowledge and agree that the accounts offered, as well as the account features may change from time to time and may be governed by separate terms which apply specific to the account.  Where special account specific terms apply, you will be informed, and must accept those terms before you are given such an account.  For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

Some accounts may be governed by a separate Software Licensing Agreement with Emajin Golf, which may amend the terms of use.  For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

5. Acceptable use of the Service

Emajin Membership and Services, its related features, and website must only be used lawfully.  Emajin Golf reserves the right to suspend, cancel or otherwise deny access to users and accounts who use the service.

6. Membership obligations

Use of your membership and information provided to Emajin Golf, must not be false, inaccurate, misleading, fraudulent or deceptive.

By taking up membership of Emajin Golf or participation at any of our events, clinics, tours or other activities, you agree to the following:

• • Adhere to all the rules, dress code, and other requirements at our host clubs or other venues
  • Not to bring Emajin Golf, the club, the events and the organisers into disrepute in any way
  • Adhere to all the rules of golf while playing our competitions or other club competitions using your Emajin Golf issued Golf Australia handicap
  • Familiarise yourself with and follow all the Rules of Golf, etiquette of golf, and local rules and regulations of the club that you are attending
  • Ensure that any social scorecards presented to Emajin Golf for handicapping have been completed accurately and duly signed by a “Marker”, with an official Golf Australia Handicap.

7. Security and Data Privacy

Emajin Golf takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Emajin Golf’s Privacy Policy, which is available on the Website.  The Privacy Policy also addresses Emajin Golf’s processes, policies, and obligations in respect of Emajin Membership and Services breaches.

8. Use of your image

As a member of Emajin Golf you grant the Emajin Golf permission to use any images taken of you by or on behalf of the Emajin Golf during your participation at any Emajin Golf or associated events  for commercial or non-commercial materials and collateral, including, but not limited to, the Emajin Golf’s websites, social media, publicly-filed documents, presentations, signage and advertisements. I understand that I will not receive any additional compensation for such use and hereby release the Emajin Golf and anyone working on behalf of the Emajin Golf in connection with the use of your images.

9. Data Use

Emajin Golf collects, stores, and processes your data on Emajin Membership and Services.  The data is used to provide Services to you, as well as to facilitate Emajin Golf’s business operations.   When you register for Emajin Membership or enter our competitions or events, as part of the application process, we will validate your personal information.  You consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

The Privacy Policy outlines how your data is collected, stored and processed by Emajin Golf.  The Privacy Policy also addresses Emajin Golf’s processes, policies and obligations in respect to data encryption and removal requests.

10. Subscription to use the Service

• • In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a member (‘Member’).
  • In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
  • Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
  • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to Name, Contact details, Golf link number if applicable.
  • You warrant that any information you give to Emajin Golf in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (“User”). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
  • You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Emajin Golf; or
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

11. Payments

• • Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website and may change from time to time.
  • Payments made in the course of your use of Emajin Membership and Services may be made using third party applications and services not owned, operated, or otherwise controlled by Emajin Golf. You acknowledge and agree that Emajin Golf will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Emajin Membership and Services.
  • You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
  • You agree and acknowledge that Emajin Golf can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription

12. Refund Policy

Emajin Golf has a no refunds policy.

However, Emajin Golf may at its discretion provide you with a refund of the Subscription Fee or Event Fee in the event they are unable to continue to provide the Services or if the manager of Emajin Golf makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee or Event Fee that remains unused by the Member (the ‘Refund’)

13. Copyright and Intellectual Property

• The Website, the Services and all of the related products of Emajin Golf are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Emajin Golf or its contributors.All trademarks, service marks and trade names are owned, registered and/or licensed by Emajin Golf, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a User to:
  • • • Use the Website pursuant to the Terms
      • Copy and store the Website and the material contained in the Website in your device’s cache memory; and

• • Print pages from the Website for your own personal and non-commercial use.
    • Emajin Golf does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Emajin Golf.
    • You may not, without prior written permission of Emajin Golf and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

14. General Disclaimer

• • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
    • All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    • Emajin Golf will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services of the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Emajin Golf make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Emajin Golf) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • Failure of performance, error, omission, interruption, deletion, defect, failure to current defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

• • Costs incurred as a result of you using the Website, the Services or any of the products of Emajin Golf; and

• • The Services or operation in respect to links which are provided for your convenience.

15. Limitation of Liability

1. 1. Emajin Golf’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
   2. You expressly understand and agree that Emajin Golf, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

16. Termination of Contract

• • Emajin Golf subscriptions and membership have a minimum period of 12 months.
  • After the minimum period, the Terms will continue to apply until terminated by either you or by Emajin Golf as set out below.
  • If you want to terminate the Terms, you may do so by:
    1. • not renewing the Subscription prior to the end of the Subscription Period
       • providing Emajin Golf with 30 days’ notice of your intention to terminate and

• • closing your accounts for all of the services which you use, where Emajin Golf has made this option available to you.
  • Any notices pursuant to the Clause above should be sent, in writing, to Emajin Golf via the ‘Contact Us’ link on our homepage or via email to admin@emajingolf.com.
  • Emajin Golf may at any time, terminate the Terms with you if:
    • you do not renew the Subscription at the end of the Subscription Period
    • you have breached any provision of the Terms or intend to breach any provision
    • Emajin Golf is required to do so by law
    • the provision of the Services to you by Emajin Golf is, in the opinion of Emajin Golf, no longer commercially viable.
  • Subject to local applicable laws, Emajin Golf reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Emajin Golf’s name or reputation or violates the rights of those of another party.

17. Force Majeure

1. • If we are rendered unable, wholly or in part, by Force Majeure to carry out or observe any of our obligations under these Terms and Conditions, we shall give you prompt written notice providing full details of the Force Majeure.
   • Our obligations under these Terms and Conditions, to the extent affected by Force Majeure, will be suspended and no claim by you will avail by reason of such Force Majeure provided that we, to the extent practicable, take all reasonable steps to remove the Force Majeure as soon as possible. We may require your assistance to overcome the Force Majeure and you must provide all reasonable assistance promptly.
   • For the avoidance of doubt, we shall not be liable for any Loss suffered by you as a result of Force Majeure.

18. Indemnity

You agree to indemnify Emajin Golf, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so, and/or
  • any breach of the Terms

19. Dispute Resolution

• • Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
    • • Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree
      • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Directors of Emajin Golf or his or her nominee

• • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

• • The mediation will be held in Sydney, Australia

• • Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation: If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

20. Venue and Jurisdiction

The Services offered by Emajin Golf is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

21. Governing Law

The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

23. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.