Terms Of Service
This document provides a simplified version of the terms and conditions for The Lucky Golfer. For the full and legally binding terms and conditions, please refer to the original document.
Introduction
- The Lucky Golfer (“TLG”) offers products that include golf balls, other related products and/or services, and high-value prizes to 'TLG' account holders through 'TLG' various platforms (the “TLG Platforms”).
- The use of the memberships (the “Services”) offered on the 'TLG' Platforms and accounts maintained with 'TLG' shall be subject to these terms and conditions (the “Agreement”).
In the context of 'TLG', a 'membership' refers to the package of benefits and offerings provided by 'TLG', including but not limited to golf balls, related products, services, and prizes. An 'account' refers to the individual user's registered profile used to access and manage their membership. A membership is linked to an account, and each account holds a membership.
Agreement
- This 'Agreement' constitutes a legally binding 'Agreement' between each individual that maintains an account with ''TLG''.
- By using any of the Services or maintaining an account with 'TLG', you acknowledge that you have read and understood this 'Agreement' and agree to be bound by all of its terms.
- 'TLG' may modify this 'Agreement' from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with 'TLG' shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
LICENSE FOR USE
Introduction
- The Lucky Golfer grants you a license to use our platforms and services. Here’s what you need to know:
Agreement
- Subject to this 'Agreement', 'TLG' hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the 'TLG' Platforms and the Services solely for your personal use.
- You agree that you obtain no rights other than the rights and licenses expressly granted under this 'Agreement'.
- 'TLG' reserves the right to change, upgrade or discontinue any or all of the Services or the 'TLG' Platforms or any feature of the Services or the 'TLG' Platforms, at any time, with or without notice.
- All rights not expressly granted under this 'Agreement' are reserved by 'TLG' and its licensors.
YOUR ACCOUNT WITH THE LUCKY GOLFER
- Having an account with The Lucky Golfer comes with certain responsibilities. Please pay attention to the following:
- 'TLG' Services require the user to maintain an account with 'TLG'.
- A user may create an account free of charge by providing the relevant details requested for.
- An individual shall not create or have control and/or custody over multiple 'TLG' accounts.
- In particular:
- Each mobile number may only be linked to one 'TLG' account;
- Each payment account may only be linked to one 'TLG' account.
- You must notify 'TLG' of any omissions, incorrect entries or discrepancies concerning any transaction within 30 days after that transaction.
- 'TLG' reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.
MERCHANT PARTNER POLICES
- Any products or services purchased from any merchant partner, whether through 'TLG' or otherwise, is governed by and subject to the applicable merchant partner's policies and terms and conditions, including but not limited to the applicable return, cancelation, exchange, and shipping policies.
- You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control.
- Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner.
- We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
- 'TLG' assumes no responsibility and shall not be liable for any content, product and/or services on the merchant's platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
TOP-UPS AND DEDUCTIONS
- 'TLG' reserves the right from time to make top-ups and deductions from the balance in a user's account where it is necessary, reasonable, or expedient to do so.
Our PRODUCTS
- In your purchase of products from 'TLG', you agree to be bound under the Terms of Sale effective at the time of your purchase and all terms incorporated by reference.
- Should you not agree to all of these terms, do not make any purchases from 'TLG'.
- 'TLG' Pty Ltd (“'TLG'”, “we” or “us”) make products available for purchase via our websites, mobile applications (“App”) and other products and services (collectively, the “Services”).
- Your purchase of any products through these is governed by these Terms of Sale (“Terms”) and your use of the Services is governed by our Terms of Service Terms and Conditions (available via the Service).
- We reserve the right to change or modify these Terms at any time at our sole discretion.
- Should we make changes to these Terms, notice will be provided such as through sending you a notification, providing notice through the Services or by updating the “Last Updated” date at the top of these Terms.
- We strongly advise you to review these Terms each time you make a purchase from 'TLG' so as to ensure that you understand the terms and conditions applicable to your purchase.
PAYMENT OPTIONS
- Accepted forms of payment are credit cards (a “Card”) for example Visa, MasterCard and other cards of our choice from time to time.
- 'TLG' uses a third-party PCI compliant payment processor and we do not hold any financial information.
- If your payment cannot be verified, is invalid or otherwise unacceptable, your order may be suspended or cancelled automatically.
- Card processing fees may apply even if the Card has expired or changed by the time 'TLG' submits the charges.
- Any problems encountered in the processing of your order are not the responsibility of 'TLG'.
THIRD PARTY RIGHTS
Agreement
- A person who is not party to this 'Agreement' has no rights to enforce any terms of this 'Agreement'.
COMMUNICATIONS
- By becoming a 'TLG' user, you agree to receive communications that are account and user related (e.g.
- We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process.
- Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise.
- You agree to keep us appraised of your current e-mail address should the same change subsequent to the date you become a Member.
- We may also send you push notifications if you install the mobile application.
OWNERSHIP
- All rights, title, and interest in the Services, the 'TLG' Platforms and the Content associated with or on the same belong to 'TLG' or its licensors.
- Additionally, 'TLG' shall maintain all rights, title, and interest in “'TLG'”, the My Way logo, and any other marks, service marks, trademarks, or logos of 'TLG' (the “'TLG' Marks”) that are registered in Australia and other countries.
- The 'TLG' Marks may not be used in connection with any non-'PSC' product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 'TLG'.
- You shall not mention or use 'TLG' in any ad text, extension, or banner ad without express written consent of 'TLG'.
- All other trademarks not owned by 'TLG' that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 'TLG'.
COMMUNITY STANDARDS
- By creating a 'TLG' account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of each of our users.
- Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the 'TLG' Platforms, our employees, contractors or agents, our merchant partners, or other users.
- This includes communications by means of social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behaviour.
- Users who violate this provision, as determined by us in our absolute discretion, may have the accounts suspended or terminated without prior notice.
INDEMNIFICATION
Agreement
- You agree to indemnify 'TLG', any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this 'Agreement' or for any materials in any form whatsoever that are provided by you (or through your username and/or password).
- You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim.
- We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
WARRANTY DISCLAIMER
- The Services, content, and the 'TLG' Platforms are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement.
- We make no warranty as to the quality, accuracy, currentness, completeness, reliability or validity of the Services, content or the 'TLG' Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services.
- 'TLG' does not warrant that the functionality of the 'TLG' Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content.
- Further, 'TLG' does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services.
- 'TLG' disclaims all liabilities associated with the security of the Payment Method.
- You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
LIMITATION OF LIABILITY
- To the maximum extent permitted by applicable law, in no event shall 'TLG' be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages.
Agreement
- To the maximum extent permitted by applicable law, 'TLG''s maximum aggregate liability arising out of this 'Agreement' will not exceed AUD$100.
GOVERNING LAW AND ARBITRATION
- The Terms of Use are governed by the laws of Queensland, Australia.
- We and you submit to the non-exclusive jurisdiction of the courts of Queensland and any court that may hear appeals from any of those courts.
ASSIGNMENT
Agreement
- You may not assign your rights and obligations under this 'Agreement', in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.
WAIVERS / SEVERABILITY
Agreement
- Any failure to enforce any provision of this 'Agreement' on the part of 'TLG' will not be deemed a waiver of that provision.
- Any waiver of any provision of this 'Agreement' by 'TLG' on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- If any provision of this 'Agreement' is held to be invalid, such invalidity shall not affect the remaining provisions.
- Apple, the Apple logo, and iPhone are trademarks of Apple Inc.
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ENTIRE 'AGREEMENT'
Agreement
- This 'Agreement' (together with the additional terms and conditions referred hereto or generally) represents the entire 'Agreement' of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous 'Agreement's and representations, written or oral (including without limitation, earlier version of this 'Agreement' that may have been accepted by you).
- We reserve the right to modify this 'Agreement' at any time.
- Your continued use of any of the 'TLG' services or continued maintenance of an account with 'TLG' shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
REPORTING VIOLATIONS
- To report a violation of this policy, please email us at hello@theluckygolfer.com.au
- Shipping Address Responsibility: The shipping address provided by you in your 'TLG' account is where all products will be sent. 'TLG' is not responsible for errors or omissions made by you in providing the shipping address. Please ensure that the shipping address is correct and up to date.