Terms & Conditions
This website is operated by Power Golf Pty Limited (ACN 057 599 685) (Power Golf) under the domain name powergolf.com.au.
By using this website, including buying goods using this website, you accept these terms and conditions as amended from time to time. If you do not accept these terms and conditions you must exit this website immediately.
Power Golf may terminate or amend:
(a) this website; and/or
(b) these terms; and/or
(c) your use of, or access to, this website, at any time.
This is the current version of these terms and conditions. By publishing the current version of these terms and conditions on this website, you accept that Power Golf has given you sufficient notice of any changes made from time to time.
Ordering procedure
Any marketing material or representation (including as to price) Power Golf may make on this website, is not an offer from it to sell you goods. It is merely an invitation for you to make an offer to buy goods from Power Golf.
You may offer to buy goods from Power Golf as described on this website for the price set out on this website by submitting an order.
Your order must contain your name, email address, credit card details and any other ordering information set out on this website.
Power Golf may, at its discretion, accept or reject your offer. You may not cancel an order once it has been submitted, even if Power Golf’s acceptance or rejection of your offer is still pending.
Your order will be deemed accepted on dispatch of the goods to you.
Power Golf is not required to give reasons for rejecting your offer. If Power Golf rejects your offer to buy goods for any reason, neither Power Golf or you will be under any further liability to the other arising out of your original offer or Power Golf’s non-acceptance of that offer.
Power Golf gives no undertaking as to the availability of goods advertised on this website.
Delivery of goods to you will be made in the manner described on this website.
Flat rate delivery charge is for Australia only. International deliveries can be accommodated at extra charges.
Title in any goods does not pass to you until the later of when payment has been received or Power Golf accepts your order. Risk of loss or damage to the goods passes to you on dispatch.
Payments must be made in the manner described on this website. Prices are exclusive of goods and services tax.
Power Golf makes no warranty that the goods acquired from it over this website will meet your requirements.
Cancellation due to error
You acknowledge that despite Power Golf’s reasonable precautions, goods on this website may be listed at an incorrect price or with incorrect information due to a typographical error, mechanical malfunction, or human error.
In these circumstances, Power Golf reserves the right to cancel the transaction, even after your order has been confirmed and your credit card has been charged.
Power Golf reserves this right up until the time of delivery of the goods to you.
If a cancellation of this nature occurs after your credit card has been charged, Power Golf will refund the amount charged.
No warranty as to accuracy of information
While Power Golf has no reason to believe that any information on this website is inaccurate, it does not warrant the accuracy, adequacy or completeness of such information, nor does it undertake to keep this website updated.
Except as specifically stated otherwise, Power Golf does not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.
Confidentiality
You must not disclose to any third party any username and password issued to you to access this website. If you suspect or become aware that your username and password may have been disclosed to any third party you must immediately notify Power Golf.
Each time you are finished using or accessing any secured part of this website, you must close your browser software in order to prevent any unauthorised person from gaining access to it.
Privacy
Power Golf may collect, use, store and disclose personal information in accordance with our Privacy Policy, which you acknowledge you have had an opportunity to read and understand.
No warranty as to access or availability
You acknowledge and agree that Power Golf does not and cannot warrant that users will have continuous access to this website and that Power Golf and its related entities will not be liable in the event that this site is unavailable to users due to computer down time attributable to any reason.
Territorial restriction
Power Golf makes no representation that the content available on or through this website is appropriate or available for use outside the Commonwealth of Australia. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent applicable.
Content
This information is presented for the purposes of promoting the goods and services Power Golf supplies and providing information about Power Golf to our suppliers, our customers and the general public. Some information available through the site is provided by third parties. Power Golf makes no representation about the accuracy of the content that has not expressly originated from Power Golf.
Linked sites
This website may be linked to other websites over which Power Golf have no control. Power Golf do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. Power Golf makes no representations about the accuracy of content contained on those websites. Power Golf is not liable for the content on those websites.
Power Golf’s proprietary rights
The content on this website, including but not limited to text, photographs, images and illustrations, is protected by copyright, trade marks, service marks, and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).
The content is owned and controlled by Power Golf or by third party content providers including Power Golf’s affiliates, suppliers, distributors, sponsors and licensors. These providers have licensed their content or the right to market their goods and/or services to Power Golf. Content on this website is solely for your personal use. You agree to abide by the copyright notices, information, or restrictions contained in any content.
You may download a single copy of any content contained on this website, solely for your personal use, consistent with these terms and conditions, provided that you maintain the copyright and other notices contained in that content.
You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use – unless specifically permitted by Power Golf in writing. Your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal use, violates the intellectual property rights and proprietary rights of the content owners and is prohibited.
Violation of intellectual property rights may result in significant civil liability or criminal penalties under Australian and/or worldwide intellectual property laws. Reproduction or use of content, except as authorised by these terms and conditions, is considered intentional infringement.
Trade marks
Power Golf’s name and other trade marks, including the Power Golf logo, which appears on this website, are Power Golf’s trade marks or the trade marks of other third parties (Trade Marks).
Nothing contained on this website is to be construed as granting, by implication, estoppel, or otherwise, any license or right to display, use or link to the Trade Marks, whether registered or unregistered, without Power Golf’s prior written permission or the prior written permission of the relevant third party owner.
Your use of the Trade Marks, except as permitted in these terms and conditions, is strictly prohibited.
Limitation of Liability
Some legal obligations imposed by law cannot be excluded or limited. No attempt to limit or exclude such liability is made by Power Golf and they apply to these terms and your use of this website to the extent required by the relevant laws.
Power Golf excludes to the extent permitted by law all other terms, conditions, warranties and guarantees which might by implied into these terms.
Warranties against defects
Some of the goods that Power Golf advertises for sale on this website may come with a warranty against defects. If we sell you a good that comes with a warranty against defects then this section of these terms and conditions applies.
Warranties against defects are given either by Power Golf (ACN 057 599 685), 48 O’Riordan Street, Alexandria, NSW, 2015, (02) 9698 3388 if it is the manufacturer of the good (or deemed manufacturer of the good), or they are given by a third party manufacturer.
The benefits to you given by any such warranty against defects are in addition to other rights and remedies you have under law.
Goods supplied by Power Golf come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
General
Power Golf accepts no liability for any failure by it to comply with these terms and conditions where such failure is due to circumstance beyond its reasonable control.
Power Golf’s failure to exercise or enforce any right or provision of these terms and conditions must not be treated as a waiver of the right or provision.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions are to continue in full force.
These terms and conditions are governed by the laws of New South Wales, Australia . Any legal proceedings commenced by you must be commenced in the courts of the State of New South Wales, Australia .