Topgolf Australia Terms and Conditions

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.

Competitions

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.

Change

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.

GIFT CARDS

Lost, stolen or damaged gift cards cannot be replaced, refunded or redeemed. Gift cards are; a) Redeemable for merchandise or services at Topgolf venues in Australia;
b) Not redeemable for cash;
c) Cannot be reloaded; &
d) Expire three (3) years from date of issue.
When ordering gift cards online, a minimum amount of $10 must be loaded to each card, with a maximum of 4 cards per order. The maximum amount that can be loaded onto an individual card is $500. The total combined value of all gift cards in the order cannot exceed $2,000.

Digital Gift Cards (or eGift Cards) will be sent to the recipient's email address instantly. Be mindful that the recipient may need to check their "Spam" or "Junk" inbox for the digital gift card.

If you order a Physical Gift Card online then delivery times will be restricted to, but not limited to, Topgolf's shipping relationship with Australia Post. Registered shipping is offered within Australia at a cost of $6.95. Orders will be sent via Express Post and will be shipped within 1 business day.

Cash will not be given for any unused balance and if the purchase exceeds the available card balance, the card holder will be required to make up the difference with another payment method.

Gift cards cannot be used to purchase gift cards.

When purchasing gift cards online, it is the purchaser's sole responsibility to ensure the postal address or recipient's email address is entered correctly. Any gift cards/certificates not delivered due to a purchaser's error, will not be replaced or refunded.

Once the card is credited and in your possession, you are liable for all transactions on your Topgolf Gold Coast gift card.

Topgolf Gold Coast does not issue refunds for change of mind.

Shipping costs apply to physical gift cards purchased via our online store.

We reserve the right to change any terms contained in these Terms and Conditions at any time.

If you have any reason to believe an error has occurred in relation to your Topgolf Gold Coast gift card or if you have any other questions? Call us before placing your order on 1300 008 442 or via contact@topgolf.com.au.

MEMBERSHIP AGREEMENT

View the terms and conditions for purchase and use of your Topgolf Membership here.

TRADEMARKS

©2018 Topgolf International, Inc. All rights reserved.

PRIVACY OF PERSONAL INFORMATION

You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product or services or when using the Website. All personal information collected will be maintained in accordance with the Village Privacy Policy.

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.