This website is owned and operated by the Garrob Family Trust ABN 24 750 825 761 – Trading as GolfAway.com.au. Your use of the services, information text, graphics and materials provided via or on the GolfAway.com.au website(“Material on this Website”) is governed by these Terms of Use and our Privacy Policy. By using this website you agree to be bound by these Terms of Use.In addition to the Terms of Use contained in this document, other terms or conditions may apply to your use of the GolfAway.com.au website, parts of the GolfAway.com.au website, or to products and services offered or acquired via the GolfAway.com.au website. You will be bound by these additional terms or conditions, as applicable.
B. Privacy
Your privacy is very important to GolfAway.com.au. Please read our Privacy Policy for details on how we collect and handle your personal information.
C. Links To Other Websites
The GolfAway.au website may contain links to third party websites. GolfAway.com.au does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, GolfAway.com.au makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.
D. Standard Supplier Terms & Conditions
1. All products and services acquired by you via the GolfAway.com.au website are subject to these Terms of Use and the terms and conditions of supply issued by the relevant product or service provider or supplier. All tickets, vouchers and reservations are issued or made subject to the terms and conditions of the relevant product or service provider or supplier.
2. All applications for accommodation and travel or for other products or services made via the GolfAway.com.au website are subject to and must comply with GolfAway.com.au’s normal approval criteria, and any further conditions notified by GolfAway.com.au to you from time to time or on the GolfAway.com.au website.
E. GolfAway.com.au Product Information and Acquisition of Products and Services
1. The GolfAway.com.au website contains both information of a general nature about GolfAway.com.au and GolfAway.com.au’s products and services, and also enables you to purchase and pay for certain travel or other related products and services online.
2. Where the GolfAway.com.au website enables you to purchase travel products or services online:
a. we may enter into a binding contract for the provision of travel or other related products or services through a process in which GolfAway.com.au makes an electronic offer via the GolfAway.com.au website and you electronically communicate your acceptance of that offer via the GolfAway.com.au website;
b. GolfAway.com.au may act on and process all completed electronic instructions, messages, requests or communications issued or transmitted to GolfAway.com.au via the GolfAway.com.au website (each an “Electronic Instruction”) without further confirmation from or reference to you; and
c. GolfAway.com.au may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction.
3. In order to acquire travel products and services via the GolfAway.com.au, you must be at least 18 years of age.
4. You must be the credit card holder for any travel products and services which you attempt to acquire via the GolfAway.com.au website.
5. Creating a binding contract with GolfAway.com.au via the GolfAway.com.au website is a two step process:
6. The first step is to create or compile an itinerary or schedule containing the products or services you wish to acquire. Upon completion or selection by you of all required products and\or services, the GolfAway.com.au website may provide you with a quote and availability guide for the products and services selected.
7. If you wish to acquire the travel products or services selected then, upon completion by you of all required details, you must accept the quote and a binding agreement will be created, with a corresponding GolfAway.com.au booking number assigned.
8. When entering into a contract via the GolfAway.com.au website, you will be taken to have communicated your acceptance to an offer from GolfAway.com.au only when:
a. the Electronic Instruction containing the acceptance from you enters and is recorded in the relevant GolfAway.com.au database;
b. a record is created and stored in the relevant GolfAway.com.au database; and
c. a GolfAway.com.au booking number is generated by the GolfAway.com.au database.
9. The parties will not be bound by the terms of a contract created via the GolfAway.com.au website until the Electronic Instruction containing the acceptance from you to GolfAway.com.au’s offer has been received by GolfAway.com.au in the manner specified in this clause.
10. You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by GolfAway.com.au in accordance with this clause for reasons beyond either parties’ reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, GolfAway.com.au is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through the GolfAway.com.au website or any failure to receive an Electronic Instruction for whatever reason.
11. Where a transaction is entered into between GolfAway.com.au and you via the GolfAway.com.au website, a booking number will be issued by GolfAway.com.au. However, a binding agreement between us is not conditional on the issuance or receipt by you of a booking number. Therefore, the failure by you to receive a booking number via the GolfAway.au website does not invalidate or otherwise prejudice the existence of a contract or transaction entered into using the GolfAway.com.au website.
12. GolfAway.com.au may issue a paper confirmation of the products or services acquired by you. The existence of a binding contract is not conditional on GolfAway.com.au issuing, or you receiving, a paper confirmation of the transaction.
13. You are responsible for ensuring that you receive a booking number and should contact GolfAway.com.au if one is not received.
F. Information, Features, Packages, & Programs
1. The GolfAway.com.au website may contain or make available various tools, packages, software programs, fare-finders, games or other features. The GolfAway.com.au website may also contain helpful hints, travel tips, travel advice, or other information or material.
2. Whilst GolfAway.com.au has made every effort to ensure that any such features or information as described in (1) above are accurate and free from defect, GolfAway.com.au does not warrant the accuracy, adequacy, correctness or completeness of these features, which are provided on an “as is” basis. The use by you of any of these features or any information provided by GolfAway.com.au is entirely at your own risk.
G. Payments
1. All payments for any travel or related products or services acquired via the GolfAway.com.au website must be made in full by clear funds before the booking will be accepted, processed and acted on by GolfAway.com.au.
2. Unless provided for otherwise, all payments referred to in (1) above are to be made by credit card issued in your name (Visa or MasterCard). You must therefore provide GolfAway.com.au with all required credit card details. GolfAway.com.au may securely store your credit card number for security and verification purposes, or as part of your profile if you request GolfAway.com.au to do so.
H. Prices and Invoice Errors
1. GolfAway.com.au endeavours to ensure that all prices listed on the GolfAway.com.au website are accurate and up-to-date. However, due to increases in supplier rates, GolfAway.com.au reserves the right, up to and including the date of departure, to adjust any fees, charges or prices as necessary, even if the products or services acquired have been paid for in full, to reflect such cost increases passed onto GolfAway.com.au.
2. GolfAway.com.au reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the products or services acquired have been paid for in full.
I. Cancellation Charges and Alterations
GolfAway.com.au reserves the right to charge you a $55 fee for each alteration or variation to a travel product or service once that product or service has been booked.
J. Refunds For Unused Services
GolfAway.com.au will not issue you with a refund for any tours, meals, sightseeing vouchers, coupons, transfers, pre-paid accommodation, theatre tickets or other tour services which are not used or utilised for any reason, including for reasons beyond your control such as illness, strikes or acts of God.
K. Lost or Destroyed Documents
Unless agreed otherwise, any lost or destroyed tickets, vouchers, coupons or travel documents can not be replaced or refunded.
L. Variation to Product or Services
Due to reasons beyond GolfAway.com.au’s control, GolfAway.com.au may be forced to amend or alter a travel and/or accommodation reservation or booking, even if the products or services affected have been confirmed by GolfAway.com.au or paid in full GolfAway.com.au will notify you as soon as practicable after GolfAway.com.au becomes aware of the need for an amendment or alteration to your travel and/or accommodation reservation or booking and will propose alternate products, services or arrangements which are of the same standard as those originally booked. You must, as soon as possible after such notification by GolfAway.com.au, elect to either:
1. accept GolfAway.com.au’s proposed alternate products, services or arrangements; or
2. receive a refund of all monies paid to GolfAway.com.au for the affected products or services, except for any amount which is withheld by a product or service provider other than GolfAway.com.au.
Failure to notify GolfAway.com.au of your election within a reasonable time frame will be taken as an acceptance of GolfAway.com.au’s proposed alternate products, services or arrangements.
M. Warranties
Whilst every effort has been made to ensure that information is free from error, GolfAway.com.au does not warrant the accuracy, adequacy or completeness of Material on this Website. All information is subject to change without notice. GolfAway.com.au does not guarantee that the tasGolfAway.com.au website or any third party websites will be free from viruses, or that access to the GolfAway.com.au website will be uninterrupted. All terms implied by law, except those which can not be lawfully excluded, are excluded.
N. Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, GolfAway.com.au, and its trustees, directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the services provided by GolfAway.com.au through the GolfAway.com.au website, any Material on this Website, any third party material, or from access to the GolfAway.com.au website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
The liability of GolfAway.com.au for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at GolfAway.com.au’s option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
O. Indemnity
You indemnify and hold harmless GolfAway.com.au in respect of all liability incurred by GolfAway.com.au for any loss, damage, cost or expense, howsoever caused, suffered or incurred by GolfAway.com.au as a result of your breach of these Website Terms of Use, or your use of the GolfAway.com.au website or any Material on this Website.
P. Availability of the GolfAway.com.au website
1. As electronic services are subject to interruption or breakdown, access to the GolfAway.com.au website is offered on an “as is” and “as available” basis only.
2. You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct travel or other transactions by other means should the GolfAway.com.au website be unavailable.
3. GolfAway.com.au may impose limits or restrictions on the use you may make of the GolfAway.com.au website. GolfAway.com.au may withdraw the GolfAway.com.au website at any time and without notice to you.
Q. Trade Marks and Copyright
1. Copyright in the Material on this Website is owned or licensed by GolfAway.com.au.
2. Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of GolfAway.com.au.
3. Third party trade marks are trade marks of the respective third parties.
R. Use of the GolfAway.com.au website
You must not:
1. use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the GolfAway.com.au website, or any of the content contained within, without GolfAway.com.au’s prior written permission;
2. use any device, software or routine to interfere or attempt to interfere with the proper working of the GolfAway.com.au website or any transaction or process being conducted on or through it;
3. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GolfAway.com.au website; or
4. reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the GolfAway.com.au website.
S. Termination
These Terms of Use and your access to the GolfAway.com.au website may be terminated at any time by GolfAway.com.au without notice to you. All restrictions, indemnities and licences granted by you, and all disclaimers and limitations of liability by GolfAway.com.au, will survive termination. However, upon termination, you will no longer be authorised to access the GolfAway.com.au website.
T. Acceptance to Terms of Use
You acknowledge and accept that your use of the GolfAway.com.au website indicates your acceptance of these Terms of Use and the Privacy Policy.
U. Changes to Terms of Use
1. These are the current Terms of Use. They replace any prior Terms of Use for the GolfAway.com.au website published on the GolfAway.com.au website to date.
2. GolfAway.com.au may at any time vary the Terms of Use by publishing the varied Terms of Use on the GolfAway.com.au website. GolfAway.com.au is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by publishing the varied Terms of Use on the GolfAway.com.au website, that GolfAway.com.au has provided you with sufficient notice of the variation. By your use of the GolfAway.com.au website after any variation, you are taken to have accepted and assented to the new Terms of Use.
V. General
1. All prices listed on the GolfAway.com.au website are in Australian dollars, unless otherwise indicated.
2. This agreement, the GolfAway.com.au website, and the acquisition of products and services via the GolfAway.com.au website, are governed by the laws of Queensland, Australia.
3. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them, for determining any dispute concerning this agreement, the GolfAway.com.au website, or the acquisition of products and services via the GolfAway.com.au website.
4. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
5. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
U. Linking to GolfAway.com.au
Please contact us if you would like to link to any part of the GolfAway.com.au website.