These Terms & Conditions govern the use of the topgolf.com.au website (“the Website”) and are governed by the laws of Queensland.
Village Golf Australia Pty Ltd ABN 54 615 018 865 (“Village”) as agent for TG-VR Australia Joint Venture is the operator of Topgolf Australia and the website topgolf.com.au
Use of the Website
The Topgolf Australia website is interactive and public and in posting content you understand, acknowledge and agree:
a) any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary;
b) any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit may be used by Village anywhere, anytime, and for any reason whatsoever;
c) not to use any obscene, indecent, or offensive language;
d) not to place on the Website any material that is defamatory, abusive, harassing, racist, hateful, encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation;
e) to use the Website only for lawful purposes
f) you are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights
g) not to disrupt, overwhelm, attack, modify or interfere with the Websites or their associated software, hardware and/or servers in any way;
h) not to impede or interfere with others' use of the Website;
i) not to post any software, files or links to other sites;
j) not to post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or any feature of the Websites; and
k) not to alter or tamper with any information or materials on or associated with the Websites.
If Village conducts any competitions on the Website then:
a) Village, in its absolute discretion, reserves the right to refuse any competition entry or to deny access to the Website for any conduct it believes may breach these Terms & Conditions or any law;
b) competitions are subject to individual terms and conditions available at the time of entry; &
c) employees of Village and its related bodies corporate, including immediate family members, may not become members of the Website and cannot enter any competitions promoted on the Website.
The information on the Website (including prices and product offerings) and may change at any time without notice. The availability of features or products shown or referred to on the Website is subject to change, delay, cancellation or closure due to inclement weather, preventative maintenance, refurbishment or other operational requirements - detailed particulars can be obtained by contacting Village directly.
Limitation of Liability
Any representation, warranty, condition or undertaking that would be implied in these Terms & Conditions by legislation, common law,
equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, Village's liability for a breach of a non-excludable condition or warranty is limited, at Village's option, to:
a) in the case of goods, any one or more of the following:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; or
b) in the case of services:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.
Indemnity & Release
You agree to indemnify Village for any loss or damage that it may suffer or for any costs it may incur in connection with any breach by you of these Terms & Conditions. You further agree to release Village from any claim, loss or damage incurred as a result of any error, omission or misrepresentation in the Website.
Intellectual Property Rights
The contents of the Website, such as graphics, logos, information, text, video clips, material, software or advertisements ("Content")
is owned by Village unless stated otherwise and protected by Australian and international copyright and trademark law. Without the express
permission of Village, the Content must not be modified, copied, reproduced, republished, framed, uploaded, posted, transmitted or distributed
in any way except as expressly provided on the Websites however you may download, store in cache, display, print and copy material in a complete
and unaltered form for your own personal, non-commercial use provided that you:
a) keep intact all copyright and trademark notices (see below); &
b) do not use the material in any manner that suggests an association with any Village products, services or brands.
Provided the above conditions are followed, you may use the material on the Website for the purposes of research or study provided your use is fair (It is deemed fair to reproduce no more than 10% of the number of words on the Website and to only use the material for class use or assessment).
Third Party Links
The Website contains hyperlinks and other pointers to websites operated by third parties ("Hyperlinked Websites"). Unless otherwise stated
at those websites, Hyperlinked Websites are not controlled by Village. By using those links you acknowledge and agree that:
a) Village is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website;
b) Village provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by Village, its related bodies corporate, affiliates, corporate partners or licensors; &
c) you access such Hyperlinked Websites entirely at your own risk.
View the terms and conditions for purchase and use of your Topgolf Membership here.
©2018 Topgolf International, Inc. All rights reserved.
PRIVACY OF PERSONAL INFORMATION
VARIATION TO TERMS & CONDITIONS
Village may vary these Terms & Conditions at any time. Any variations become effective upon posting on the Website. By using the Website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions.