Website Terms of Use
Last Modified: May 12, 2023
These terms of use are entered into by and between you (“End User,” “you,” or “your”) and Club Champion LLC ( “Club Champion”, “we,” “our,” or “us”), and state the material terms and conditions that govern your access to and use of clubchampion.com.au (the “Website”), including any content, functionality and services offered on or through the Website. The following terms and conditions, together with all updates, supplements, additional terms, and all rules and policies regarding use of our Website, including our Privacy Policy, available at clubchampiongolf.com.au/privacy-policy (“Privacy Policy”), each of which are incorporated by reference, collectively constitute the entire “Terms of Use” between you and us.
Please read these Terms of Use carefully before you start to use the Website, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE. IN ACCEPTING THESE TERMS OF USE, YOU: (A) ACKNOWLEDGE THAT YOU (1) ARE AT LEAST 18 YEARS OF AGE AND (2) HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) CONSENT TO THESE TERMS OF USE; AND (C) AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
Application of Terms of Use
These Terms of Use apply only to interactions and information we collect via the Website and in email, text or other electronic communications sent through or in connection with the Website. These Terms of Use DO NOT apply to information that:
- We collect offline or through any other websites or portals not controlled by us (unless such offline collection was initiated through your use of the Website);
- You provide to, or that is collected by, any third party (including the brands and companies linked to on the Website); or that
- Originates from any other sources.
Such third parties may have their own terms of use and privacy policies, which we encourage you to read before interacting with them or providing information to or through them.
Eligibility
The Website is intended for End Users who are 18 years of age or older. By using the Website you represent and warrant that you are 18 years of age or older or meet all of the foregoing eligibility requirements. You further represent that you are of legal age in the jurisdiction in which you live to enter into a legally binding contract with us. If you do not meet all of these requirements, you must not access or use any of the Website.
Changes to Terms of Use
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms of Use at any time in order to conform them to our business practices. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website thereafter constitutes your acceptance of such changes.
Accessing the Website, Data Protection and Privacy, and Security
We reserve the right to withdraw or amend the Website, as well as any product, service or material we provide (or to which we link) on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
It is a condition of your use of the Website that any information you provide on the Website is correct, current and complete. You agree that all information you provide via the Website or otherwise, including but not limited to through the use of any interactive features or the “Contact Us” link on the Website, is governed by the Privacy Policy, available at clubchampion.com.au/privacy-policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
Third-Party Websites
The Website may contain links to websites owned or operated by third parties. These links are provided for your convenience only. If you click on any of these links, you will be transferred out of the Website and connect to the website of the organization that you selected. Such websites are governed by separate terms, conditions, and policies, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for quality, accuracy, or completeness by us.
Inclusion of any linked website on the Website does not imply or express our approval or endorsement of the linked website or any of the content, opinions, products, or services provided through the Website. We exercise no control over linked sites even if an affiliation exists between the Website and a third-party website.
These Terms of Use and our Privacy Policy apply only to the Website and not to any third-party website, and each of these linked sites maintains its own independent privacy and data collection policies and procedures. While we expect our business partners and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website that is linked to or from the Website, we encourage you to consult that website’s Privacy Policy before providing any personal information and whenever interacting with any website.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by Club Champion, its licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain products, services or company designations for companies other than Club Champion may be mentioned or displayed on the Website for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Website are the trademarks, registered or unregistered, of their respective owners.
You may use the Website for your personal, non-commercial, use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.
These Terms of Use and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use and the Privacy Policy. You agree not to use the Website in any of the following ways:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal or sensitive information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Club Champion, a Club Champion employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Club Champion or users of the Website or expose them to liability.
Additionally, you agree not to do any of the following:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including its ability to engage in real time activities through the Website.
- Use any robot, spider, “scraper,” “crawler,” or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics from the Website or any text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
- No right, title, or interest in or to the Website or any content on the Website are transferred to you, and Club Champion reserves all rights not expressly granted in these Terms of Use. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Reliance on Information Posted
The information and content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of their contents.
To the extent the Website may contain content or information provided by a third party, all statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Club Champion, are solely the opinions and the responsibility of the third party providing those materials. These materials do not necessarily reflect the opinion of Club Champion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
In no event will Club Champion be liable for any decision made or action taken in reliance upon the information provided through the Website.
Information About You and Your Visits to the Website
The Website is governed by and operated in accordance with Australia law. If you are located outside of Australia, you use this Service at your own risk. Your information will be transferred to and processed in the United States where many of our central databases operate. By using the Website, you: (a) acknowledge that the data protection laws of other countries, including the United States, may provide a less comprehensive or protective standard of protection than those in your country, and (b) consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and applicable privacy laws.
Other Terms and Conditions
Additionally, the Website may contain services and functionality provided by third parties. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using the Website, you acknowledge that your use of such third-party services is subject to the terms and conditions for such third parties, over which we have no control.
Electronic Communications
When you send emails or other electronic messages to us or in connection with the Website, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically, including via SMS text message. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLUB CHAMPION NOR ANY PERSON ASSOCIATED WITH CLUB CHAMPION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CLUB CHAMPION NOR ANYONE ASSOCIATED WITH CLUB CHAMPION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CLUB CHAMPION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Club Champion, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, and other services and products, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Limitation of Liability
IN NO EVENT WILL CLUB CHAMPION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision or rule (whether of Australia or any other jurisdiction).
Arbitration
Notwithstanding the foregoing two paragraphs, at Club Champions’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Australia law. YOU AND WE AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator’s award may be entered in any court of competent jurisdiction. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Club Champion of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Club Champion to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of these Terms of Use will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms of Use and the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, the Privacy Policy, and any additional terms incorporated by reference constitute the sole and entire agreement between you and Club Champion with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
The Website is operated by: Club Champion LLC
All notices regarding copyright should be sent to the address above in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to