Because we care

1.Cancellations

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           a. Events and WWLG competitions can only be canceled by the CEO OF WWLG or the committee of the hosting club; this may occur due to a variety of reasons: lack of interest, adverse weather,Covid-19 etc.…. The delaying, rescheduling or canceling of an event start time or date; due to inclement weather or any of the above will be determined by the host facility and WWLG'S CEO. In the event; an WWLG outing is canceled; a cancelation notice will be sent out to all participants via e-mail, phone call and or other social media methods. Event and golf clinic participants are encouraged to regularly monitor their golf event’s status on the WWLG website for updates.

               b. In the event of a cancellation, the committee of the hosting club and CEO OF WWLG will try and re-schedule the event date within the seasonal time frame; working with the golf course to set up a re-schedule date. Any partial cancellation refunds and credits will have to be determined based on the policies of the host facility and will be distributed to event participants by the client after all event expenses have been paid.

              c. Only the golf course or the WWLG CEO can make the decision to change the date. Any additional costs incurred due to this alteration will be paid by the event's revenue and not deducted from WWLG event fees. Event tour and clinic participants’ withdrawal must be done 14 days prior to the registration date deadline or in accordance with WWLG Cancellation policy which may vary from event to event,clinic to clinic .

              d. Any player that has registered for an event or clinic and does not show up the day of the event or clinic will forfeit his/her registration fee for that event or clinic. 

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2.Video and Photography:

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                            a. All clients and participants hereby grants Women who love golf (WWLG) and it's subsidiaries the right to videotape, film, and photograph you , and the right, in perpetuity, to use your name, likeness, biographical information, and voice in all forms of media (including digital media/internet) in connection with the advertising and promotion of Women who love golf (WWLG), this also includes any and all event/clinic/tour participants.

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3.Acknowledgment:

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                           a. The client also hereby acknowledges that they agree to the terms and conditions found on this website. By ticking the terms and condition box on any form sent and filled out by WWLG the client has read, understood, and agrees to all the disclaimer and terms found on the Women who love golf website, www.womenwholovegolf.com.

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4.Assumption of Risk and Release from Liability:

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                       a. By signing or electronically submitting a registration form and entering and playing in a WWLG Event,tour or take part in a WWLG golf clinic the client understands and agrees that there are certain dangers involved with participation in a golf event, including but not limited to being struck by lightning, getting hit by a golf ball, suffering from heat exhaustion, heart attack or injury from uneven terrain, all of for which risks the participant assumes and solely accepts, and waives all claims of injury to body or property against Women who love golf pty ltd,  and its agent/directors.

                      b. The client agrees that while on the premises of a WWLG held Event ("Event"),tour or clinic the client, and any guest, relative, or anyone else affiliated with the client, shall be present at their own risk and that Women who love golf pty ltd , and its agents/directors shall not be liable for any claims for injuries or damages whatsoever to person or property of the client or related person arising out of or in connection with the participation in the Event ,tour ,clinic or presence at the Event.

                     c. The participant agrees to indemnify and hold harmless Women who love golf from all claims by or liability to the client or affiliated person.

​                    d. Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.

                     e. Where any law (including the ACL) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the supply of the services again, or the payment of the cost of having them supplied again.

1. 1.      f. Subject to the other terms of this clause, our liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) arising under or in connection with these Terms and Conditions is excluded forany direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, howsoever caused and under any theory of liability including but not limited to loss of profit, loss of goodwill or business reputation, loss of data, costs of procurement of substitute goods or services, or other intangible losses;

      1. any reliance placed on the Membership or the Membership Benefits; or any service that we provide in connection with the Membership;.liability is limited to the greater of:

         1. the lowest amount permitted by law; or

         2. the total money paid to us under these Terms and Conditions in the one month period preceding the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

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5.Limitation of liability:

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                         a.In no event shall Women who love golf (WWLG) and /or it’s licensors be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantages arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

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6.Indemnification:

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                          a. You shall indemnify and not hold Women who love golf (WWLG), its licensors, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service.

1.                      b. Other than where the Confidential Information is in the public domain, except as a consequence of a breach of this clause; expressly agreed by all parties in writing; or required by law; the Client must at all times: .treat and keep Confidential Information confidential; and not use or allow the use of the Confidential Information by any third party; and not disclose or allow the disclosure of Confidential Information or the fact of the disclosure of Confidential Information to any third party.If we request, you must immediately return all Confidential Information and any copies of the Confidential Information to us. In the event of a breach or threatened breach of the terms of this clause by you, we will, as between the parties, be entitled to an injunction restraining you from committing any breach of this clause without showing or proving actual damage sustained or likely to be sustained by us.​

7.Disclaimer of Warranty:

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                          a.The client expressly understands and agrees that: your use of the service is at your sole risk. The service is provided on an “as is” and "as available” basis.WOMEN WHO LOVE GOLF (WWLG) and its suppliers expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement.

                     b. WWLG and its suppliers make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, service, information, or other material purchased or obtained by you through the service will meet your expectations.

                     c. WWLG will use reasonable efforts to prevent unauthorized access to data entered by you within the service, WWLG and its suppliers make no warranty that such data will be secure against such unauthorized access or other security breaches.

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8.Suspension and Termination

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1.                   a. We may suspend or terminate your Membership, immediately, at any time by written notice to you if:

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      1. you fail to pay any fees when due under these Terms and Conditions;

      2. we reasonably believe that your actions may cause legal liability for us or for our other Members;

      3. we reasonably believe that your conduct, acts or omissions threatens, interferes or impacts upon the integrity or credibility of the Membership or us;

      4. you cease to be a Member; or

      5. you are in breach of any term of these Terms and Conditions and:

         1. you fail to rectify the breach upon being given 30 days’ written notice to do so; or

         2. the breach is unable to be rectified. Termination by you - you may terminate your Membership:

            1. if we have committed a material breach of these Terms and Conditions and have failed to remedy the breach within 30 days upon receipt of written notice by you.

            2. on written notice to us in accordance with clause 6(b) – termination will be effective at the end of the current Term; or.

            3. if we consent to such termination (in our sole discretion), subject to your fulfillment of any pre-conditions to such consent (e.g. payment of agreed fees such as an early-cancellation fee).Effect of termination - Upon termination of your Membership (where we are not at fault), all amounts payable by you to us become immediately due and owing. For the avoidance of doubt, no refunds of the fees will be provided in the event of the early termination of your Membership.

9.Authority to register and / or to act as agent:

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                      a. You represent and warrant Women who love golf (WWLG) ("us", "we", "our") that you have the full legal authority to complete this registration including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as an agent on behalf of such parties in performing this registration.

                     b. By proceeding with this registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as an agent. 

                    c. Membership is only available to, and may only be used by, individuals who can form legally binding contracts under Applicable Law. If you do not qualify, please do not submit a membership application to us or use the Membership.

                    d. You may register to become a Member by submitting an application form and following the registration process as found on the Website, in the App or as made known to you by us.

                    e. As part of the registration process we will validate your personal information. You consent to the use, collection and disclosure of your personal information in accordance with our Privacy Policy.

                    f. Once your application has been approved by us and upon receipt of your first payment of the Membership Fees, you will be granted Membership.

                    g. We reserve the right to accept or decline any membership application in our sole discretion.

                    h. You are required to keep your personal information provided to us current and accurate at all times.

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10.Sponsor Packages;

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                       a. Once you have purchased a package a refund can not be authorised, due to change of mind. However in certain circunmstances for example:proof of hardship (in writing) ,and a decision made by the WWLG Team a refund can be made to client 4-8 weeks after transaction was made.                     

                       b. By purchasing a Sponsor Package you enter a contract with Women who love golf (WWLG) by agreeing to all disclaimers,terms and conditions and policies found on this website. 

                       c. WWLG will take every reasonable steps to make sure all packages are adhered to,upon an event that it can't for example if a logo cannot be placed on event material because of space then sponsor and CEO OF WWLG will agree upon what's fair to add to their package

                        d. WWLG does not take any responsibility of any loss or damage to any sponsor property, marketing material or products,

     

11.WWLG Playing Members:

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                            1.a. Suspension or termination by us - We may suspend or terminate your Membership, immediately, at any time by written notice to you if: you fail to pay any fees when due under these Terms and Conditions; we reasonably believe that your actions may cause legal liability for us or for our other Members; we reasonably believe that your conduct, acts or omissions threatens, interferes or impacts upon the integrity or credibility of the Membership or us; you cease to be a Member;

 

 

 

 

                             .b. You are in breach of any term of these Terms and Conditions and: you fail to rectify the breach upon being given 30 days’ written notice to do so; or the breach is unable to be rectified.                 

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                              2.Termination by you you may terminate your Membership:

                                 a. if we have committed a material breach of these Terms and Conditions and have failed to remedy the breach within 30 days upon receipt of written notice by you.

                                 b. on written notice to us in accordance with clause 6(b) – termination will be effective at the end of the current Term; or. If we consent to such termination (in our sole discretion), subject to your fulfillment of any pre-conditions to such consent (e.g. payment of agreed fees such as an early-cancellation fee).

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​                                c. Effect of termination - Upon termination of your Membership (where we are not at fault), all amounts payable by you to us become immediately due and owing. For the avoidance of doubt, no refunds of the fees will be provided in the event of the early termination of your Membership.

12.General Provisions​

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                                a. If the host club cancels the next available date will be given to members.

                                 b. You MUST give as much notice if you can't make your tee time via email or phone. Fail to do so will mean no refund of your membership fee and disciplinary action taken 

                                 c. In an event that WWLG has to cancel a scheduled game a catch-up game will be provided, and members will be notified via email. This will be anytime within the 5 months of membership.

                                 d. Members agree to additional greenfee prices.

                                 e. Payment for membership must be paid either in full or the monthly subscription before you commence play.

                                 f. For players that have their membership evoked you will be banned from all WWLG platforms, and no refund provided. A written letter will be sent to you via email and your address that has been provided during registration.

                                 g. All players registered to play must arrive 20 minutes earlier of their tee time and register at the pro shop. Please let the staff member in the pro shop know that you are a Women Who Love Golf member. Anyone who is not a WWLG member cannot play in the time slots unless they sign up as a WWLG member and have paid. 

                                 h. All participants consent to their photographs,videos,name and details of scores to be shared on the WWLG platforms unless states otherwise

​                                 i. No Reliance - No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms and Conditions.

                                 j.Binding on Successors - These Terms and Conditions shall be binding on the parties and their heirs, executors, successors and permitted assigns.

​                                2. Governing Law

​                                a. These Terms and Conditions is governed by the laws of Victoria and the Commonwealth of Australia which are in force in Victoria.

​                                b. The parties submit to the jurisdiction of the Courts of Victoria, relevant Federal Courts and Courts competent to hear appeals from them.

​                                c. Further Assurances - The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms and Conditions.

​                                 3. Entire Understanding

                                 a. These Terms and Conditions contains the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions.

                                 b. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this document are merged in this document and are of no further effect.

                                 c. No oral explanation or information provided by a party to another affects the meaning or interpretation of this document or constitutes any collateral agreement, warranty or understanding.

                                d. Waiver - No waiver by a party of a provision of these Terms and Conditions is binding unless made in writing.

                                e. Severance - If a provision of these Terms and Conditions is void or unenforceable it must be severed from this document and the provisions that are not void or unenforceable are unaffected by the severance.

                                3. Cumulative Rights - The rights and remedies of a party to these Terms and Conditions are in addition to the rights or remedies conferred on the party at law or in equity.

                                a. Counterparts and Email - These Terms and Conditions may be executed in any number of counterparts and when executed communication of the fact of execution to the other parties may be made by sending evidence of execution by email.

                                b. Attorneys - Where these Terms and Conditions is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.

                               c. Costs - The parties must bear their own costs of and incidental to the negotiation, preparation and execution of these Terms and Conditions.

                                d. Legal Rules of Interpretation - The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

                                e. Time of the Essence - Time is in all cases and in every respect of the essence of these Terms and Conditions. 

​                                  4. Dispute resolution

                                 a. If a dispute arises in connection with these Terms and Conditions then a party may only deal with that dispute in the manner set out in this clause.                                                                     b. A party to a dispute which arises in connection with these Terms and Conditions may give to the other party or parties to the dispute a notice specifying the dispute and requiring its resolution under this clause. Within 14 days after a notice is given (or such longer period as is agreed in writing by the parties to the dispute) each party to the dispute must use its best efforts to resolve the dispute in good faith. If despite the parties’ best efforts a dispute not resolved within 14 days after notice a party may by notice to the other party or parties to the dispute refer the dispute for mediation in accordance with the Mediation Rules of The Institute of Arbitrators and Mediators Australia. The mediation will be conducted by a mediator to be appointed by agreement of the parties or in default of agreement to be appointed by the President of the Law Institute of Victoria or his/her nominee at the request of a party.If the dispute is not resolved within 14 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute. The provisions of this clause do not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a Court which may be urgently required.

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13.​FORCE MAJEURE​​

 

                                  a. Force Majeure events include, for the purposes of this contract, the closure of golf clubs due to pandemic related health directives, war or terrorism.

Our obligations under these Terms and Conditions, to the extent affected by Force Majeure, will be suspended but the contract will not come to an end unless one full year has passed from the date of the onset of the Force Majeure event.

                                     b. No claim by you will avail by reason of such Force Majeure.. The contract will continue at the end of the Force Majeure event.

​                                             c. For the avoidance of doubt, we shall not be liable for any Loss suffered by you as a result of Force Majeure.

                                     d. If we are rendered unable, wholly or in part, by Force Majeure to carry out or observe any of our obligations under these Terms and Conditions, we shall give you prompt written notice providing full details of the Force Majeure.

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​    DEFINITIONS & INTERPRETATION

In this document, unless inconsistent with the context or subject matter:

1. 1. “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));

   2. “Applicable Laws” means all legislation, orders, by-laws, regulations and codes made thereunder in any way governing or affecting the Services;

   3. “Commencement Date” means the date in which we approve your membership application and have received your first payment of the Membership Fees;

   4. ““Confidential Information” of a party means all information (in any form):

      1. relating to or arising from the Membership (this is deemed to be our Confidential Information);

      2. but does that concerns a party’s business operations and which any reasonable person would consider to be of a confidential nature;

      3. that a party claims as confidential and marks as confidential at the time of disclosure; and

      4. that a party claims as confidential and marks as confidential at the time of disclosure; and

         1. is or becomes independently developed or known by the other party through no breach of these Terms and Conditions by that party; or

         2. becomes publicly available without breach of these Terms and Conditions; or

         3. becomes publicly available without breach of these Terms and Conditions; or

   5. “Force Majeure” means any delay or inability to perform or breach of these Terms and Conditions which is directly or indirectly caused by circumstances outside of our reasonable control;

   6. “GST” has the same meaning as in the GST Act;

   7. “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

   8. “Intellectual Property” means all intellectual property rights, including patents, copyright, trade marks, any right to have Confidential Information kept confidential and any application or right to apply for registration of any of these rights, and includes the following:

      1. the Membership;

      2. presentations, information or data, source codes and other information technology relating to or connected with the Membership;

      3. books and records relating to or connected with the Membership;

      4. advices (including without limitation verbal advices) relating to or connected with the Membership;

      5. marketing information relating to or connected with the Membership;

      6. technical information, including trade secrets, drawings, plans, strategies, relating to or connected with the Membership;

      7. licences and authorisations relating to or connected with the Membership;

      8. ideas relating to the Membership; and

      9. all intellectual property rights which are developed by us or acquired by us whether before, during or after the end of the parties mutual dealings;

   9. “Loss” means any loss, liability, cost (including legal costs on a solicitor own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);

   10. “Member” means a member of the Membership;

   11. “Home State” means the state in which you permanently reside in;

   12. “Membership” means a Members membership with GenYser

   13. “Membership Benefits” means those benefits granted to Members in accordance with clause 2;

   14. “Membership Fees” means those fees payable by you for the Membership in accordance with clause 4;

   15. “Privacy Policy” means our privacy policy, as updated from time to time;

   16. “Term” means the term of these Terms and Conditions, determined in accordance with clause 3;

   17. “Terms and Conditions” means these Membership Terms and Conditions; and

   18. “Website” means our website accessible at www.womenwholovegolf.com and as updated from time to time.

2. INTERPRETATION

   1. a reference to a person includes any other legal entity and vice versa;

   2. words importing the singular number include the plural number and vice versa;

   3. a reference to a party includes the party’s heirs, executors, successors and permitted assigns;

   4. a reference to a party includes the party’s heirs, executors, successors and permitted assigns;

   5. headings are for reference purposes only and must not be used in interpretation;

   6. where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

   7. a reference to a statute includes all regulations and subordinate legislation and amendments;

   8. references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;

   9. a reference to a monetary amount is a reference to an Australian currency amount;

   10. an obligation of two or more parties binds them jointly and each of them severally;

   11. an obligation of two or more parties binds them jointly and each of them severally;

   12. references to time are to local time in Victoria;

   13. where time is to be reckoned from a day or event, the day or the day of the event must be excluded;

   14. if any time period specified in this document expires on a day which is not a business day, the period shall expire at the end of the next business day;

   15. a reference to a month means a calendar month.

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