Terms and Conditions
1. General
1. These Terms govern your use of our websites, including but not limited to the following domains: www.golfgetaway.tv, www.golfuniversity.tv, www.search4scratch.tv, www.the19thhole.club (the Sites) and form a binding contractual agreement between you, the Customer of our Sites and us, the Activate Lifestyle Management Pty Ltd (ABN: 34 096 292) group of brands and companies, hereafter referred to as “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”. For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use our Sites and/or Services.
2. Additional specific terms and conditions may apply to our individual websites, products and services, and these will be clearly available when accessing them.
3. By signing up, subscribing, or purchasing any product or Voucher from the Sites or using our Services, you acknowledge that you have had a sufficient chance to read and understand these Terms, and that you agree to be bound by them.
4. You warrant that:
1. you are at least 18-years-old and you are legally capable of entering into binding contracts; or
2. if you are under 18-years-old, you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf; or
3. if you plan to use the Services on behalf of a business, you are authorised to enter into transactions on behalf of that business and the business agrees to be bound by these Terms.
5. If you do not agree to these Terms, you may not access or otherwise use the websites, products or Services offered on or through the Sites.
2. Digital Signature
1. By registering on any of the Sites or signing an agreement from us that is linked to these Terms, you are deemed to have executed these Terms effective on that date. Doing so constitutes an acknowledgement and acceptance that you are able to electronically receive, download, and print these Terms
3. Definitions
In these Terms:
• Member means a registered User on the Sites, whether as a Subscriber (Free Member) or a customer (Basic Member)
• Basic Member and Free Member means a registered User of the Sites and Services who has opted not to pay a Membership Fee and is granted access to basic functionalities of the Sites and the Basic Membership Scope of Services.
• Subscriber means a person who has opted-in to receive communications from “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” via email, SMS or other methods.
• Account means the Member’s information as well as User settings stored with us.
• Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” to you.
• Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
• Facility means a Member’s golfing facility, business or other information listed on the Sites.
• Facility Listing means profiles and information regarding a Member’s Facility listed on the Sites by the Member using the Services.
• Member Materials means any data, text, software, images, audio or video material and other content, in any medium whatsoever posted by Members on the Sites and Services in any manner, including but not exclusive to Facility Listings.
• Services mean:
1. the online platform is provided by “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” through the Sites to provide information and news regarding Facilities as well as to sell products and services;
2. includes any Services currently offered by “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” and any Services or products that “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” may choose to offer in the future.
• Sites means the websites located at the domains listed in 1. above, as well as any related domains these Terms may appear on.
• Terms means these Sites Terms and Conditions and the documents referred to in it.
• You means you, the person using the site in your capacity as a User.
• User means a person who gains access to the Sites and Services, whether as a registered User or casual website browser.
• Us, We, Our means “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”.
• Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher (the “Redemption Period”).
• Merchant is a third party unrelated to “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” that sells, supplies and/or provides the Merchant Offering. Unless otherwise stated, “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher or the Travel Agency Services.
• Merchant Offering shall mean the goods and/or services to be supplied and/or provided by The Merchant to the Voucher Holder, as specified on the Sites and on the Voucher, or the Travel Agency Services.
4. Accessing the Sites
1. You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Sites may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
2. All Content and Services provided on or through this Sites are provided “AS IS” and “AS AVAILABLE” for your use.
3. The Content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Sites and the Services is solely at your risk.
4. We reserve the right to withdraw or amend the Services and Content we provide on the Sites without notice. We may restrict access to some parts of or the entire Sites or Services, from time to time.
5. Registration Information and Passwords
1. You do not need to register to the Sites in order to view the Facility Listings and other news and information on the Sites. However, to obtain full access to the Services, registration is required. Any personal data or information provided by you is processed by us in accordance with our Privacy Policy. By registering to any of the Sites and providing any such data or other personal information:
1. you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
2. you agree to the terms of our Privacy Policy (link at the top of this page and on the registration pages on the Sites).
2. During the registration process, you may be asked to select a password for your Member account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your Member account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your Member account.
3. Membership Fee Payment Methods
1. If registering as a Basic Member, the Membership Fee may be paid using the various payment options provided such as Paypal, Credit Card and Direct Debit. You acknowledge and agree that “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” will not be liable for any loss or damage arising out of your use of a third party payment gateway. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” advises that you should read and understand the terms and conditions of the third party payment gateway prior to using them (details are provided at time of payment).
2. All Membership Fees are shown in AUD($) in Australia. We are required to charge TAX (GST) (except on the Search 4 Scratch website – which is in US Dollars) which will be shown on your invoice and receipt.
3. You acknowledge and agree that some banks and financial institutions may charge you an additional fee for specific transactions.
6. Scope of Services
1. General
1. The Sites and Services are provided to Members for personal and business use only.
2. The Sites allows for Users to browse Facility Listings, browse and comment on news and information and purchase products and services both from “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” as well as Members and Merchants of the Sites. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” provides the Sites as a platform only.
3. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” does not recommend or endorse any particular Facilities or Facility Listings or Merchants. The Sites and Services are not designed to provide qualitative advice regarding the fitness for purpose and suitability of any Facilities. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” strongly advice Users to exercise caution and do their own due diligence and inspections prior to engaging any Facilities.
4. The Sites and Services are intended for browsing and use by individuals and businesses based globally.
5. Members agree to provide all the information and materials as may reasonably be required by the Sites and Services in relation to transactions conducted on, or through, or as a result of the use of the Sites and Services. We have the right to suspend or terminate any Member account if the Member fails to provide the information and materials as required by the Sites and Services.
6. We may refuse to process Facility Listing for any reason or refuse to provide the Services to anyone at any time at our sole discretion. The Sites or “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” will not be liable to you or any third party by reason of such a refusal or by reason of the unwinding or suspension of any transaction after processing has commenced.
2. Member Scope of Services
1. There are various Member registration options (both free and paid) each with different features and functionality.
2. The features for each Member Account type are outlined on the registration page(s) on the Sites and may also be customised on any particular Account.
3. Basic Member Scope of Services
1. The Services allow Basic Members to create an account and access our products and Services.
2. Basic Members may cancel their Membership at any time.
7. Refunds / Cancellations
1. Vouchers
1. Unless otherwise stated in the specific terms of any voucher deal purchased through the Sites, you have the right to cancel your purchase of the Voucher within 7 business days after the day you make the purchase (the “Voucher Cancellation Period”) and request a credit for the amount of the voucher. However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request the services to begin being provided to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed you are not entitled to a refund from “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” (in whole or in part).
2. If you cancel your purchase of the Voucher, We will credit you for all payments made as part of your purchase within 7 calendar days from the day on which you informed “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” about your cancellation. Credit may be used to purchase any other voucher deal on our sites for a period of 12 months from the original purchase date.
3. If you redeem your Voucher, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”, is responsible for the supply and/or provision of the Merchant Offering, “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” only sells and supplies the Voucher. However, if you and the Merchant cannot agree on how to resolve the complaint, “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” may, upon your request, try to help resolve the issue between you and the Merchant
2. Third Party Products and Services on our Sites
1. Certain products and Services advertised on the Sites are purchased directly via the Third Party payment gateway and/or websites. Please contact the third party directly regarding their returns and refunds policy.
3. Consumer Right Under the Law
1. You have consumer rights under the law. We will always do our best to comply with any applicable Laws.
2. Australia consumer rights, visit: https://www.accc.gov.au/consumers/consumer-rights-guarantees
8. Vouchers: Redemption & Usage
1. Unless expressly stated otherwise:
1. the Voucher can only be redeemed once;
2. the Voucher can only be redeemed with the Merchant and not with “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”;
3. the Voucher is valid for one person only; and
4. you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant
2. All Vouchers sold by “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” are single-purpose Vouchers which can only be redeemed with the Merchant.
3. In order to redeem a Voucher you must present it to the Merchant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore.
4. Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” cannot influence the supply and/or provision of the Merchant Offering.
5. If you do redeem the Voucher for goods and/or services other than the Merchant Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.
6. Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
7. On behalf of the Merchant, “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
8. In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” will notify you as soon as possible by email. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher or by issuing credit.
9. Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use). The commercial trade of a Voucher is prohibited. The reproduction of a Voucher is prohibited.
10. Your Voucher is solely your responsibility. Neither “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” nor the Merchant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
11. You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
12. Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole’s” discretion.
13. The reproduction of a Voucher is prohibited.
14. The commercial trade of a Voucher is prohibited.
9. Vouchers: Responsibility for the Merchant Offering
1. Please note that the Merchant, and not “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”, is:
1. the seller, supplier and/or provider of the Merchant Offering;
2. the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
3. solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself
2. Under no circumstances is “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” acting as the agent of the Merchant.
10. Travel Agency Services
1. Golf Getaway acts as a travel agency, facilitating bookings for travel arrangements such as flights and accommodations related to the listed golf getaways.
2. Cancellation Policies
Cancellation policies for travel arrangements booked through Golf Getaway will be subject to the specific policies of the respective airlines, hotels, or other travel providers. Please refer to the terms and conditions of the individual providers for detailed information on cancellation fees and refund policies.
3. Dispute Resolution
In the event of a dispute regarding travel arrangements booked through Golf Getaway, we will act as a mediator to facilitate communication with the relevant travel provider. However, the final resolution of the dispute will be subject to the terms and conditions of the provider.
Important Note: Golf Getaway does not assume liability for any issues or disputes arising from the services provided by third-party travel providers.
11. Disclaimer
1. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
2. The Sites contains a directory of Facility Listings. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” provides this directory as a convenience and does not confirm or verify the information contained in it.
3. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Facility Listings or the Content contained on the Sites for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Sites will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Sites or the Services.
12. Third Party Websites
1. The Services or any Facility Listing may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”. We are not responsible for the content of those websites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
2. We make no representation about any other website you access through this one. Please understand other websites are independent from our Sites so we do not accept responsibility for such websites.
13. “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” Intellectual Property
1. General
1. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
2. We own and retain all proprietary rights to the Sites, the Services provided through the Sites, and all associated Intellectual Property rights. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Sites and Services to create, display, use, play, and download Content subject to these Terms.
3. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
4. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
2. Drone Footage
1. All Drone Footage and Intellectual Property rights relating to the Drone Footage are the owned by “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”.
14. Limitation of Liability and Indemnity
1. You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Sites.
2. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
3. We do not endorse any Facility Listings, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) in Australia including, but not limited, to any misleading statements made and/or incorporated into any Facility Listings due to information provided by Members. It is your sole responsibility to undertake due diligence into the Facility Listings and inspections at the relevant Facility.
4. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Sites and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Sites and Services. You must not assign or otherwise dispose of Customer Account to any other person.
5. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
6. As a condition of your access to and use of the Sites, you agree to indemnify “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole” and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
1. your access to and use of the Sites and Services; or
2. your breach of these Terms and any applicable law or the rights of another person or party.
7. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
15. Termination
1. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Sites and Services, and/or your registration, or suspend or block your access to the Sites and Services.
2. We may terminate or suspend your access to the Sites or Services if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
3. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
4. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Sites or by sending a communication to any address (email or otherwise) that we have for you in our records.
16. Notice
1. By using the Sites and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Sites.
2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
3. Notice will be deemed received and properly served immediately when posted on the Sites, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
1. for letters, the letter was properly addressed, stamped and placed in the post; and
2. for emails, the email was sent to the specified email address.
17. No Waiver
1. If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
2. If we waive a default, it does not constitute a waiver of any subsequent defaults.
3. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
18. Force Majeure
1. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
1. acts of god;
2. natural disasters;
3. sabotage;
4. accident;
5. riot;
6. shortage of supplies, equipment, and materials;
7. strikes and lockouts;
8. civil unrest;
9. computer hacking; or
10. malicious damage.
19. Severability
1. If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
20. Entire Agreement
1. These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and “Golf Getaway”, “Golf University”, “Search 4 Scratch” and “The 19th Hole”, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Sites and Services.
2. We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
21. Governing Law
1. These Terms is governed by the laws of the State of NSW, Australia and each party submits to the jurisdiction of the courts of the State of NSW, Australia.
22. Updates to These Terms
1. We reserve the right, in our discretion, to correct any errors or omissions in any part of the Sites and Services. We may restrict access to parts or the entire Sites and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
2. Any material on the Sites and Services may be out of date at any given time and we are under no obligation to update such material.
3. We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Sites and will be effective immediately, unless expressed otherwise.
4. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Sites and Services. Your continued use of the Sites and Services will be deemed as your acceptance thereof.
5. We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
Contact Us
If you have questions about these Terms and Conditions, Privacy Policy, our privacy practices, or our Services, you may contact us by email at info@golfgetaway.com.au We endeavour to respond to all requests, enquiries, and concerns within seven (7) days of receipt. General enquiries may also be directed to:
Golf Getaway
Activate Lifestyle Management Pty Ltd, Trading as Golf Getaway – ABN 34 096 292
PO Box 1229, Manly, NSW, Australia 1655
Phone: 1300 886 127 or +61 (0) 414676 968