Golf equipment

MyGolf and Get into Golf Centre: Terms and Conditions

Definitions

Updated 12.07.2021

Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence. Coordinator means the person responsible for managing the Facility and its National Program(s). Facility means the entity which is responsible for the conduct of the National Program(s). As the context requires Facility also includes the location at or from which the National Programs will be conducted. GA means Golf Australia Limited. Logo means the individual logo(s) designed for each National Program as determined by GA from time to time. Manager means the current general manager or secretary of the Facility. National Program means any program created and owned by GA or GA and the PGA, as applicable. Participant means a person participating in any capacity in any activity in the National Program conducted by the Facility. Participant Terms and Conditions means the terms and conditions agreed to by a Participant as part of the National Program registration process. PGA means Professional Golfers Association of Australia Limited. Program Costs means the GST-inclusive price determined by the Facility for Participants’ participation in the National Program conducted by the Facility. For avoidance of doubt, GA may charge additional amounts to Participants in relation to their participation in the National Program on top of the Program Costs. Program Owner means GA or GA and the PGA, as applicable. 1. By registering as a National Programs Facility, the Facility agrees to these Terms and Conditions. 2. GA may accept or reject an application for registration in its absolute discretion. It is the Facility’s responsibility to ensure that the requirements in these Terms and Conditions are met and continue to be met. If there is a breach of any of these Terms and Conditions or a failure to meet any specific requirements, GA in its absolute discretion, may suspend or terminate the Facility’s registration. 3. GA may at any time withdraw a Facility’s right to conduct MyGolf, Get Into Golf or any other National Program if GA determines (for any reason) to cease promoting and/or conducting a National Program(s). Facility requirements 4.The Facility must: a. supply the National Program(s) conducted by the Facility to the Participants in exchange for the Program Costs; b. appoint the Program Owner as agent of the Facility for the purposes of clause 5.b of these Terms and Conditions; c. appoint a Coordinator to take responsibility for managing the Facility’s National Program(s); d. ensure that all staff and/or volunteers in the Facility’s National Programs comply with state/territory legislation in regard to working with children and young people (Children). This includes ensuring such personnel have been appropriately screened and maintain a valid Working with Children Check (WWCC); e. ensure the Coordinator provides GA with his or her WWCC registration, receipt or card number details, full name and date of birth; f. provide a safe, welcoming and friendly environment for everyone; g. carry out appropriate risk management assessment(s) as suggested in GA’s Policy and Procedures for Safeguarding Children document; h. ensure every Participant completes and signs the Participant Terms and Conditions; i. provide a reasonable opportunity for Participants to have access to practice and course facilities outside of scheduled National Program sessions; j. where the Facility has a membership, provide opportunities for Participants to become a member; k. ensure appropriate insurance is in place to cover the Facility and those staff or volunteers delivering the Programs and participants in them; l. comply with all relevant laws applicable to the Facility and the operation of the National Programs at the Facility including but not only Privacy laws; m. ensure the Facility follows the Terms and Conditions for use of the Logo; n. release and will release GA from all Claims that it may have or may have had but for this release arising from or in connection with the National Programs or the Facility; and o. indemnify and will keep indemnified GA to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with a National Program at the Facility. Program Owner requirements 5.The Program Owner will: a. register Participants in the National Program(s) via GA’s website; b. receive payment of Program Costs from Participants as agent for the Facility; c. pay the Program Costs to the Facility; d. provide the Facility with details in relation to the Participant registrations and Program Costs for each National Program. Use of Logo 6. GA grants to the Facility the use of the Logo solely for marketing and promotional purposes and otherwise in accordance with the following conditions: a. the Facility must only display, use or refer to the Logo as approved by GA and in good faith so as to enhance and promote the goodwill and reputation of the National Program(s); b. must only use the Logo and any related images in the form provided to the Facility by GA through the relevant National Program branding suite located on the GA website; c. in using the Logo, the Facility must comply with all reasonable directions of GA; d. the Logo cannot be altered or modified in any way and must only be used in accordance with these Terms and Conditions; and e. GA reserves the right to revoke the Facility’s right to use the Logo at any time and without cause. Privacy policy 7. To assist GA in the provision of products and services including National Program, GA needs to collect personal information about Participants. When a Participant provides personal information, they agree that this will be used by GA under the terms of this statement, and the GA privacy policy located at www.golf.org.au/privacy-policy. The Facility will be given inferred permission to contact Participants in the fulfilment of the National Program only. The Facility will need to add an opt-in to marketing option to communications if they wish to contact Participants on non-related National Program matters. WWCC 8. If there is any change in the Facility’s Coordinator GA should be notified immediately of these changes and supplied the details outlined under clause 4.e above. 9. The Facility and Coordinator each acknowledge and agree that GA will supply dutyof.care Solutions Pty Ltd (ACN 611 782 882) the data provided by the Coordinator. This data will be used so the status of their WWCC can be monitored weekly. If GA detects a change in the status of a Coordinator it will contact the Manager immediately regarding what action should be taken by the Facility. Where a WWCC has expired, immediate action must be taken by the Facility or its registration will be revoked by GA. 10. Facility staff or volunteers are not and will not be considered as employees of GA in relation to the relevant jurisdiction’s legislated screening requirements for child safety. The Facility is responsible to ensure child safeguarding screening is undertaken for all personnel working in the Facility’s National Program(s). 11. Data concerning the Facility will be maintained within a GA database or spreadsheet. Variation of these Terms and Conditions 12. GA reserves the right to vary or amend these Terms and Conditions from time to time by replacing these Terms and Conditions on its website.

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