Terms and Conditions

Preamble

These terms and conditions of use (Terms) are between you and Golf TourMate Pty Ltd (ACN 701 514 954), (Golf TourMate, we, us, our).

These Terms apply whenever you access or use any of our offerings, including:

• (a)the Golf TourMate application available for download on the Apple App Store and Google Play (App); and
• (b)the website accessible at https://golftourmate.com.au (Website);
• (c)the Golf TourMate organiser portal accessible at https://organiser.golftourmate.app (Organiser Portal); and
• (d)any services provided via the App, Website and Organiser Portal.

((a), (b) ,(c) and (d) referred to collectively as Services in these Terms.)

By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Services.

We may amend these Terms from time to time by posting an updated version of these Terms on our Website, and (for changes that materially and adversely affect your rights) by giving you reasonable prior notice (for example, by email or in-app notification). Amendments that are not materially adverse to you will take effect immediately upon being posted; amendments that materially and adversely affect your rights will take effect no earlier than 14 days after notice is given. You should regularly check these Terms for any amendments. If these Terms are amended, you must follow the updated Terms. By continuing to use the Services after the effective date of an amendment, you agree to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, you must stop using the Services, and, where the amendment is materially adverse to you, you may terminate and receive a pro-rata refund of any pre-paid, unused fees by advising us in writing of your desire to terminate within 14 days of the notice.

Definitions

In these Terms, unless the context otherwise requires:

• (a)Australian Consumer Law has the meaning given in the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;
• (b)Consumer has the meaning given in the Australian Consumer Law;
• (c)Consumer Guarantees has the meaning given in the 'Liability' section of these Terms;
• (d)Device means your own internet-enabled device that is compatible with the Services and has a current and working internet connection;
• (e)Loss means all liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;
• (f)Order means any request to access functionality of any Services that requires payment;
• (g)Payment Partner means a third party payment platform or gateway used and authorised by us to facilitate or process payments made by you via the Services;
• (h)Services has the meaning given in the 'Preamble' section above;
• (i)Terms has the meaning given in the 'Preamble' section above.

Licence

All copyright and other intellectual property rights in the Services (including all trade marks appearing on the Services) are owned by us and/or our licensors.

If you have paid any applicable fees and have validly issued (or validly registered) login details and password which may be used to access the Services, we grant you a revocable, non-transferable, non-exclusive, royalty-free, personal licence to use the Services on your Device for your own non-commercial purposes, and to download any Services or parts of Services that we make available for download, for your own personal use.

You must not (and must not attempt to):

• (a)except as expressly permitted by the above licence, use or copy any part of the Services without our prior written consent;
• (b)distribute, translate, modify or tamper with, any part of the Services;
• (c)create derivative works of, or from any part of, Services;
• (d)sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
• (e)permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

User Account

You must create an account in order to access and use the Services (User Account).

In order to create a User Account, you must be at least 18 years old. If you create a User Account, you must:

• (a)provide us with accurate and current personal information, including your name and a valid email address;
• (b)obtain or register login details and password as required by us, and use them in the manner we direct from time to time in order to access and use the Services;
• (c)keep your login details and password for the Services confidential, and not share them with any person, or allow any other person to use the Services using your login details or password; and
• (d)promptly notify us by email to admin@golftourmate.com.au if:
• (i)there is any change to any of the contact or other details you register with us; or
• (ii)you have reasons to believe that another person is aware of your password for the Services - in which case, you must immediately take steps to re-secure your User Account (including by changing your password).

We may decline to provide you login details or a password, or to permit you to register login details or a password, for the Services acting reasonably, including where we suspect fraud, illegal activity, a breach of these Terms, a risk of harm to any person's health or safety, or a security risk.

If another person uses your login details or password for the Services, then in addition to breach of these Terms, you are responsible and liable for the use that person makes of the Services with your login details or password, as if that use of the Services was by you.

Placing Orders

We reserve the right to accept or reject any Order, or part of any Order, made by you. If we reject an Order and you have paid to access features offered via the Services then, subject to applicable laws and unless otherwise stated in these Terms, we will provide a refund for those features. We are not responsible for any Loss suffered or incurred by you or any third party as a result of the rejection of an Order in accordance with these Terms. We will notify you if your Order has been rejected either on the Services or by using the email address you provide to us.

Third-Party Platforms and App Stores

The App may be made available for purchase, download, or installation through third-party platforms, app stores, or marketplaces, including but not limited to Google Play, the Apple App Store, and other similar distribution platforms (each, a "Platform", and together, the "Platforms").

Where you purchase, download, install, or otherwise access the App through a Platform, your use of that Platform, and any such purchase, download, or installation made through it, is also governed by the applicable terms of service, terms of use, and/or usage rules of that Platform (the "Platform Terms"), in addition to these Terms.

By purchasing, downloading, installing, or using the App via a Platform, you acknowledge and agree that:

• (a)you have read, understood, and agree to be bound by the applicable Platform Terms, and any breach of the Platform Terms may also constitute a breach of these Terms;
• (b)we are not a party to, and have no responsibility or liability for, the Platform Terms, or for the operation, availability, or performance of any Platform;
• (c)any payment, billing, refund, subscription, or cancellation processed through a Platform is subject to that Platform's own policies and procedures, and not ours, except to the extent required by applicable law;
• (d)the Platform through which you obtained the App may impose additional or different terms, restrictions, and conditions on your use of the App, and you are responsible for reviewing and complying with those terms; and
• (e)in the event of any conflict between these Terms and the Platform Terms as they relate to your relationship with the relevant Platform, the Platform Terms shall govern that relationship, without limiting your obligations to us under these Terms.

Nothing in this clause limits any rights you may separately have against a Platform under its own terms or applicable law.

Description of Services

Descriptions of what the Services comprise of that are advertised, provided and made available on https://golftourmate.com.au are subject to change (including because some of the information about the Services is based on material provided by third parties). While we will use reasonable endeavours to do so, and subject to your rights under the Consumer Guarantees, we do not guarantee that the information contained on our Services is always accurate and up-to-date.

We reserve the right:

• (a)to discontinue or suspend your access to any of the Services at any time, acting reasonably and, where reasonably practicable, with reasonable notice to you;
• (b)to cancel any promotion, discount, coupon or incentive without an expiry date at any time, with reasonable notice to you where reasonably practicable; and
• (c)to change any description or other information related to any of the Services displayed on our Website or the Organiser Portal, provided that if any such change reduces the functionality of Services already paid for, you may within 7 days of that change terminate via requesting to terminate in writing, and receive a pro-rata refund of any pre-paid fees.

Subject to these Terms and to the extent permitted by law including the Australian Consumer Law, we exclude any liability resulting from the discontinuance, suspension or cancellation of, or change to any information related to, any of the Services.

Subscriptions & Payments

Price

Unless stated otherwise, all prices displayed on our Website are quoted in Australian dollars and, where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other taxes.

We reserve the right to change any pricing related to any of the Services. However, such change will not apply to Orders already paid for.

Payment

Payment on the Website may be made by a one-off payment to the stated Golf TourMate account which must be made prior to the tour being activated.

You must be fully entitled to use the payment method used for purchases. If a particular service is not available to you, then you may use another valid payment method.

We may use Payment Partners to process payments made on or for the Services. By submitting an Order for any of the Services you agree that, before your Order is accepted, credit and security checks may be performed (including by the relevant Payment Partner). Without limiting the foregoing, such checks may include transmitting the credit card number you provided to validate the credit card, to obtain an initial card authorisation, to conduct loss minimisation and anti-fraud measures and/or to authorise individual purchase transactions.

Payment of the full price of an Order (including applicable GST, other taxes and applicable charges as notified from time to time) must be received by us before we can accept your Order. The payment method must have sufficient funds, credits or other payment facilities to cover the purchase. If payment cannot be processed, your Order will be rejected and you will be notified of this by email. We are not responsible for the decisions of Payment Partners to allow you to use their service, or provide any assurances or warranties about them.

After payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the total amount paid by you.

Refunds

If there is a problem with any of the Services you have ordered, please email us at admin@golftourmate.com.au and provide evidence of the problem, as you may be entitled to a remedy under the Consumer Guarantees regime (for example, repair, replacement, or refund).

We will contact you to provide a full refund in respect of your Order if payment has been processed but we are unable to provide or otherwise deliver your selected Services.

Use of the Services

You must procure your own internet access and Device in order to access and use the Services. You are responsible for all internet access, data downloads and other network charges arising from your use of the Services and you agree that we have no responsibility or liability for those charges.

You are responsible for the operation and maintenance of your Device and for ensuring that the Services are accessible from your Device. This includes installing a compatible operating system (if applicable) for accessing and using the Services on your Device.

You must not use (or attempt to use) the Services:

• (a)for any unlawful or dishonest activity, or any activity prohibited by these Terms;
• (b)to access, generate, transmit, publish or communicate material which:
• (i)is false, inaccurate, misleading, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
• (ii)is xenophobic, racist, abusive, harassing or hateful;
• (iii)is invasive of a person’s privacy or constitutes personal abuse directed at other users;
• (iv)is unsolicited or constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
• (v)contains a virus or other harmful code;
• (vi)infringes a person's copyright or other rights (including any other intellectual property rights); or
• (vii)contains links to other sites that contain or promote the material identified in paragraphs (i) to (vi) above;
• (c)to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
• (d)in any way that may bring negative exposure or harm to us, our suppliers or other users of the Services (including by linking the Services or any part of the Services in a way that damages or takes advantage of any person's reputation such as:
• (i)by implying or suggesting that you have any kind of association or affiliation with that person, or approval and endorsement from that person when there is none; or
• (ii)in a way that is illegal or unfair); or
• (e)in any way that may cause us, our suppliers or other users of the Services to incur liability to a third party.

In addition, you must not do (or attempt to do) any of the following:

• (a)use data mining, robots, screen scraping or similar data gathering and/or extraction tools on the Services;
• (b)share content obtained through the Services with any third party; or
• (c)interfere with the security-related features of the Services.

We may ask you to cease any conduct which we reasonably consider is contrary to these Terms, and you must promptly comply with any such request. We may terminate or block your access to the Services where you materially breach these Terms and, if the breach is capable of remedy, fail to remedy it within a reasonable period after we notify you, or immediately where we reasonably consider necessary to prevent harm, fraud, illegal activity or a security risk. In addition, we may refer fraudulent, abusive or illegal activity to the relevant authorities.

Community Features and Forum Guidelines

The Services may include interactive features such as chat rooms, forums, message boards, comment sections or other community spaces (collectively, Community Features) that allow you to post, share or exchange content, opinions and information with other users.

If you use any Community Features, you must comply with these Terms (including the ‘Use of the Services’ section above) and the following additional guidelines:

• (a)you must not post or transmit any content that is unlawful, defamatory, offensive, threatening, abusive, harassing, obscene, discriminatory, or otherwise objectionable;
• (b)you must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• (c)you must not post or transmit unsolicited advertising, promotional materials, spam, chain letters, or any other form of solicitation;
• (d)you must not post or transmit any content that infringes, misappropriates or violates any third party’s intellectual property rights, privacy rights or other rights;
• (e)you must not engage in conduct that restricts or inhibits any other user from using or enjoying the Community Features, including by bullying, intimidating or harassing other users; and
• (f)you must comply with any additional community guidelines, codes of conduct or moderation policies that we publish from time to time in connection with the Community Features.

Any content you post or transmit via the Community Features (User Content) remains your responsibility.

We do not pre-screen, monitor or endorse User Content posted via the Community Features. However, we reserve the right (but are not obligated) to review, edit, move, or remove any User Content at our sole discretion, without notice, for any reason, including if we consider that User Content breaches these Terms or is otherwise inappropriate.

We may, at our discretion, suspend or permanently revoke your access to the Community Features if you breach this section or any applicable community guidelines, without limiting any other rights or remedies available to us under these Terms.

You acknowledge that your use of the Community Features is at your own risk, and that we are not responsible for any User Content posted by other users or any Loss you suffer or incur as a result of your use of, or reliance on, any User Content, to the maximum extent permitted by law.

Availability and Nature of the Services

We will use reasonable endeavours to make the Services available during our normal business hours. However, the availability of the Services depends on various third party suppliers, and accordingly, we do not warrant or guarantee that:

• (a)you will be able to use the Services at any time;
• (b)your use of the Services will be continuous, uninterrupted, secure or error-free; or
• (c)any defect will be corrected.

You agree that the Services may not be available for use from time to time, and that you may be disconnected from your use of the Services at any time for any reason, including if:

• (a)any network connection difficulties occur;
• (b)the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
• (c)you breach any of these Terms; or
• (d)we decide to terminate your access to some or all of the Services in accordance with these Terms.

We make no guarantee as to the reliability or performance of the Services. The performance of the Services depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Services and the systems that support it.

The information available through the Services is subject to updates from time to time (including because some of that information is based on material provided by third parties) and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Services is or will be current, complete or accurate at all times. You agree that you will make your own enquiries to determine whether the information you obtain through the Services is current, complete and accurate before using or otherwise relying on it. Subject to the 'Liability' section below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.

Additionally, by using the Services you agree that the information available through the Services is general in nature and is intended only to provide generic informational content in relation to golf and associated golfing trips.

Security

In order to access and use the Services and its features as intended, you must:

• (a)enable the Services to use cookies; and
• (b)grant the Services any other permissions and access to your Device that it requires from time to time.

If you do not grant these permissions and this access, you may be unable to use the Services or some of its features.

The Services use the internet to provide services and information. By using the Services, you agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

We do not warrant or guarantee the security of the Services. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

Consumer Law

Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

Where you, as a Consumer, acquire goods or services through your use of the Services the Consumer Guarantees cannot be excluded, restricted or modified.

Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law or any other Australian law that cannot lawfully be excluded, restricted, or modified.

Liability

Your access to, and use of, the Services is at your own risk.

To the maximum extent permitted by law:

• (a)we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right which if excluded would contravene legislation (including the Australian Consumer Law) and / or cause part or all of this clause to be void);
• (b)we exclude all conditions, warranties, and representations, express or implied, regarding the accuracy, completeness, currency, reliability, or suitability of any content, output, or feature of the Service for your particular circumstances which may be incomplete, inaccurate, or inappropriate for your situation;
• (c)subject to the immediately preceding clause (b), our officers, employees, and contractors exclude all liability (whether in contract, tort including negligence, under statute, or otherwise) for any loss, damage, cost, or expense of any kind, however arising, in connection with your use of, or reliance on, the Service, except to the extent that liability cannot be excluded by law; and
• (d)we disclaim all liability (including any indirect, special, incidental, consequential, punitive or exemplary damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use of the Services.
• (i)You indemnify us and our employees, officers, contractors and agents (together the Indemnified Parties), against any reasonable Loss suffered or incurred by the Indemnified Parties in connection with any claim made by a third party due to or arising out of your breach of, in each case to the extent such Loss is not caused or contributed to by our negligence, our breach of these Terms, or our breach of applicable law:
• (e)these Terms;
• (f)any applicable law; or
• (g)the rights (including intellectual property rights) of any person.

Confidentiality

If you access any Confidential Information using the Services, you must:

• (a)keep such Confidential Information confidential;
• (b)use such Confidential Information only in accordance with these Terms; and
• (c)not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).

The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the Services is disabled, terminated, suspended or withdrawn.

In these Terms, Confidential Information means the information obtained through the Services, except for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms.

Privacy

For information regarding how we may handle your personal information, please refer to our Privacy Policy. By continuing to use the Services, you agree to the Privacy Policy available at https://golftourmate.com.au/privacy.

Third party links

The Services may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

Suspension, withdrawal of or changes to the Services

We reserve the right to:

• (a)suspend your use of, or withdraw, the Services and/or any of its features or components; and
• (b)add to, amend, remove, or disable access to, any part of the Services and/or any of its features or components,

in each case at any time for a legitimate business, security, legal or operational reason and, where reasonably practicable, with reasonable notice to you. Where we withdraw or materially reduce a paid feature other than for a security, legal or emergency reason, and you have paid for the Service, on request we will within a reasonable time provide a pro-rata refund of pre-paid, unused fees referable to that feature at the time of that request.

Miscellaneous

• (a)No waiver – We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy. A right, power or remedy is only waived by us if it is in writing and signed by us.
• (b)Governing law – These Terms are governed by the laws of Victoria. You submit to the exclusive jurisdiction of the courts of Victoria and the courts having appeal from them.
• (c)Severability – If any part of these Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining terms remain in force and constitute a binding agreement between you and us.
• (d)Relationship between the parties – Nothing in these Terms constitutes the parties as partners or joint venturers or agents for the other party or gives rise to any other form of fiduciary relationship between the parties.
• (e)Entire agreement – These Terms, together with any other additional terms which may be applicable at different stages of usage of the Services, constitute the entire agreement between you and us in relation to the Services.
• (f)Force majeure – To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.
• (g)Dispute resolution – If you have any issue arising out of these Terms or in relation to the Services, you must notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court at any time, or delays or limits your ability to exercise any right under the Australian Consumer Law.
• (h)Notices – Notices to be given to either party must be in writing. Any notices addressed to us must be delivered to us by email to admin@golftourmate.com.au or at our registered office at 3 Hilary Grove, Glen Iris, Australia, 3146

Last updated: September 2026