BOOKING TERMS AND CONDITIONS
Effective date 25 March 2020
THE FOLLOWING TERMS AND CONDITIONS (T&CS) GOVERN THE SALE OF TEE TIMES & Hot Deals™ PURCHASED VIA THE WEBSITE AND/OR VIA THE MOBILE APP, TOGETHER WITH ANY APPLICABLE TERMS AND CONDITIONS STIPULATED BY THE GOLF COURSE, WHICH MAY BE FOUND ON THE WEBSITE, MOBILE APP OR ON THE GOLF COURSE’S OWN WEBSITE.
BY BOOKING A TEE TIME AND/OR Hot Deals™ YOU WARRANT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE T&CS.
1. OUR ROLES
1.1 GolfNow and ISEEKGOLF by GolfNow (together hereafter 'GolfNow') provides a way for You ('You', 'Golfers') to book tee times ('Tee Times') and Hot Deals tee times ('Hot Deals™') at hundreds of individual golf courses ('Golf Course') displayed www.golfnow.com.au, www.iseekgolf.com and other affiliated websites and/or the GolfNow mobile app (collectively referred to as the 'Website(s)')
1.2 The legal contract for a Tee Time is between You and the Golf Course, and GolfNow acts on behalf of and as an agent for the Golf Course in question. GolfNow is paid a commission by the Golf Course for this service. The legal contract for Hot Deals™ is between You and GolfNow. Please see Condition 7 for more details.
1.3 Where the Golf Course’s terms and conditions are not featured on the Websites, You should check the website of the Golf Course in question for any applicable terms that You need to be aware of, such as dress code, minimum handicaps or similar rules. In addition, the Golf Course may operate a different cancellation policy, which will override any cancellation terms within these T&CS ('Golf Course Rules').
2. HOW TO BOOK A TEE TIME
2.1 Once you have selected the Tee Time or Hot Deals™ you wish to reserve at your chosen Golf Course, you can either check out as a guest using your email address or create/sign into your GOLF ID account.
2.2 Once you have provided your payment details you should click ‘Make Your Reservation’ to complete your booking.
2.3 On receipt of your booking, GolfNow will notify you by email that your booking has been received and is being processed. Please note that any confirmation page or any confirmation e-mail that you may receive does not mean that your booking will be fulfilled by the Golf Course. GolfNow encourages all the Golf Courses to accept all bookings and to communicate any rejection promptly.
2.4 GolfNow (and/or the Golf Course) will notify you (by email or telephone) as soon as is reasonably practicable if the Golf Course rejects your booking. In such circumstances your rights are set out in Condition 4.
3. YOUR RESPONSIBILITIES
3.1 You (including any other golfer included within your booking) are responsible for:
- Ensuring your booking information is correct at the time of booking.
- Acting always in accordance with the Golf Course Rules.
- Arriving in good time before your allocated Tee Time or Hot Deals™ tee time (if you are running late please contact the Golf Course as soon as possible. Please note, Tee Times and Hot Deals™ are subject to availability and there is no guarantee that the Golf Course will be able to accommodate a new tee time if you miss your original time).
- Providing proof of your booking and payment, if requested by Golf Course.
- Communicating any special requirements in advance to the Golf Course.
- Checking the condition of the Golf Course on the day in advance of your Tee Time or Hot Deals™ to ensure the Golf Course is open and playable.
3.2 You accept that:
- The Golf Course has discretion to refuse entry or request that you leave (including any Golfer within your booking) that does not adhere to the Golf Course Rules.
- The time of the Tee Time you book is an estimate only. Neither GolfNow nor the Golf Course guarantee that you will tee off at the exact time you have booked and will not be responsible for any delay.
- Unless a four ball is purchased, you may be partnered with other golfers that have booked the same tee time as you via the Websites.
- Owing to local conditions, some and/or all of the holes at the Golf Course may be closed and/or have temporary greens and/or have trolley/cart bans and/or similar restrictions.
- There may be slow play or other situations which may affect your experience at the Golf Course.
- Where you have any complaints, these should be directed to the Golf Course in the first instance for resolution.
- GolfNow has no control over the actions or omissions of the Golf Course.
4. CANCELLATIONS AND AVAILABILITY (EXCLUDING Hot Deals™)
4.1 Once you have submitted your booking, unless otherwise stated, you will not be entitled to change or cancel your Tee Time and you will not be entitled to a refund (except if you are entitled to a refund or remedy under the Australian Consumer Law (‘ACL’)).
4.2 If you are trying to change or cancel your Tee Time in accordance with any cancellation policy, please contact Customer Support and we will communicate with the Golf Course. Please note there is no guarantee that the Golf Course will agree to your requests, unless the cancellation policy provides anything to the contrary.
4.3 Please note the individual Golf Course is responsible for updating their tee sheet (the electronic system that manages their available Tee Times). Where they fail to do so, GolfNow may advertise Tee Times on the Websites that are not actually available for purchase. Where it is subsequently realised that such Tee Times were not available for sale (for example the Golf Course has not informed GolfNow that the Golf Course has a competition or society day on your booking date), GolfNow’s liability to you is limited, at its discretion, to a refund of the cost of the booking (including Booking Fees) or to issue you with credit (to the same value including Booking Fees) to be used against your next booking(s) (please note any credit issued must be used within three (3) months of being issued).
5. PRICE AND PAYMENT
5.1 Prices for Tee Times and Hot Deals™ will be as quoted on the Websites. These prices include any applicable GST (these will be added to the total amount due where applicable) but are exclusive of Booking Fees (these are added at the checkout).
5.2 Booking Fees are applied to each golfer within a booking (some of your bookings may be exempt from Booking Fees, for example if you are a GolfPass member). The Booking Fees help GolfNow run the platform, add and update features and offer services like Customer Support.]
5.3 The Websites contain many Tee Times and Hot Deals™ and it is possible that some of the Tee Times or Hot Deals™ may be advertised at an incorrect price. In such an event, neither GolfNow or the relevant Golf Course is under any obligation to ensure that the Tee Time or Hot Deals™ are provided to you at the advertised incorrect price or to compensate you in respect of any incorrect pricing. GolfNow’s liability to you is limited to a full refund of the price you have paid (including Booking Fees) and/or credit (to the same value including Booking Fees) to be used against your next booking(s) (please note any credit issued must be used within three (3) months of being issued).
5.4 Unless you are required to pay an outstanding balance “Due at Course”, you should not make any additional payments for your Tee Time or Hot Deals™ when you arrive at the Golf Course. If you are required to make a payment by the Golf Course upon your arrival, you should contact us immediately. If you make a payment before contacting us, unfortunately, we will not be able to assist you further, other than to communicate with the Golf Course to issue you with an applicable refund. This does not affect any rights you have under ACL.
6.1 Unless stated otherwise, payments for Tee Times or Hot Deals™ must be made in advance by an accepted credit or debit card through the Websites (some credit or debit cards may not be accepted such as American Express).
6.2 Transactions will appear on the cardholder's bank or card statement will usually show as the Golf Course or GolfNow, but this is not guaranteed.
7. COMMISSION AND Hot Deals™
7.1 The contract for a Tee Time will always be between you and the Golf Course in question. The Golf Course and GolfNow have a commercial agreement in place, whereby the Golf Course will pay GolfNow a commission fee for advertising and facilitating the sale of your Tee Time between you and the Golf Course.
7.2 Instead of commission fees or where GolfNow provides the Golf Course with additional services, the Golf Course may opt to provide GolfNow with exclusive tee times (which are usually discounted) to advertise on the Websites, these are known as Hot Deals™. When you purchase a Hot Deals™ tee time you are entering into a legal contract with GolfNow.
7.3 Hot Deals™ are non-cancellable and non-refundable. Where you are unable to play your Hot Deals™ (for whatever reason), our total liability to you is limited to the value of the Hot Deals™ booking (including Booking Fees) or to issue you with credit (to the same value of the Hot Deals™ booking including Booking Fees) to be used against your next Hot Deals booking(s) (please note any credit issued must be used within three (3) months of being issued).
8. DISCOUNTs, PROMO CODES & OFFERS
8.1 The following general terms and conditions will apply to all discounts, promo codes & offers (‘Promo’) issued from time to time for use on the Websites (‘Promo Terms’)
8.2 The Promo Terms will be supplemented and/or modified by, additional terms and conditions (the ‘Specific Promo Terms’) as specified on or with the Promo Terms. For completeness, if there is any conflict between the Promo Terms and the Specific Promo Terms, the Specific Promo Terms will take precedent.
8.3 Unless stated otherwise, standard Golf Course Tee Times are exempt from Promos, they only apply to Hot Deals™.
8.4 To use a Promo Code, you must:
- have a GolfNow account and be signed in; and
- enter the Promo Code as provided (case sensitive).
8.5 Unless stated otherwise, the Promo Code:
- will only be valid for one time use against one individual Hot Deals™ as advertised from time to time;
- must be used by the deadline specified and/or at the time the Promo Code is issued and will expire if not used by any such date;
- can only be used by the person given the Promo Code and not by any other person;
- cannot be combined with any other offers, promotions, coupons, or discounts; and
- may be withdrawn or modified at any time without notice.
8.6 The Promo Code is non-transferable and has no cash value. Where the Promo Code is for a fixed amount that is:
- less than the Hot Deals™ price, you will be responsible to pay the shortfall in order for the booking to be processed;
- more than the Hot Deals™ price, then unless otherwise agreed, the remaining balance will be forfeited.
8.7 Please note Hot Deals™ tee times are limited so there is no guarantee that a Promo Code can be used against desired Hot Deals™. Hot Deals™ tee times are only available at some participating Golf Courses and are subject to change at any time.
8.8 When you use a Promo Code you represent that you are the authorised recipient of the Promo and that you are using it in accordance with these T&CS and in good faith. If we believe in our sole discretion that a Promo Code is being used in breach of these T&CS, illegally or in bad faith, we may reject or cancel the Promo Code (and any associated booking made with it) without notice to you.
9. DATA PROTECTION
9.2 We provide the Golf Course with your booking details. They will only use your data to fulfil your booking. For example, they may contact you via your email address or telephone number to confirm your booking or to provide you with specific information you may need to know (i.e. the course is closed due to bad weather). They will not contact you for any other reason unless permitted by law or you if have provided them with your details and given any applicable consents once you arrive at the Golf Course.
9.3 Through the Websites, we will seek your consent to send you marketing communications by email. You can unsubscribe from receiving these marketing communications at any time by using the links within each email, updating your account preferences or by contacting our Customer Service team.
10.1 Unless expressly stated to the contrary and to the maximum extent permitted by law , we exclude all conditions, warranties and other terms which might otherwise be implied by statute or law. We shall not be liable for any damages whatsoever, including without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to your use, inability to use, performance or failures of the Websites, or the actions or omissions of any Golf Course.
10.2 GolfNow’s total liability, to you in respect of all other losses arising in connection with your Tee Time and/or Hot Deals™ booking via our Websites, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances, to the maximum extent permitted by law, be greater than; (i) the value of your booking (including Booking Fees); or (ii) one hundred dollars ($100).
10.3 Nothing in these T&CS excludes or limits GolfNow’s liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
11.1 We reserve the right, at any time and in our sole discretion, to add to or amend these T&CS.
11.2 If any of these T&CS are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the maximum extent permitted by law.
11.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these T&CS will not be interpreted as a waiver of your or our rights or remedies.
11.4 We will contact you by email, telephone or provide you with information by posting notices on the Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.5 Nothing in these T&CS shall affect any of your statutory rights. For more information about your rights contact your local citizens advice bureau or consumer protection office.
12. DISPUTE RESOLUTION & COMPLAINTS
12.1 We are committed to delivering excellent customer service. Where you are not happy with the service GolfNow provide, then please contact Customer Support. Where you are not happy with any initial resolution, GolfNow operates a Complaints Policy (a copy of which is available here), which will aim to satisfy any complaints you have.
12.2 If your complaint is about your experience or service received whilst at the Golf Course, you should direct your complaint to the Golf Course directly. If you are not satisfied with their response or resolution, then please contact Customer Support and we will try to remedy the situation between you and the Golf Course. However, please note, GolfNow are not responsible for the actions or omissions of the Golf Course and cannot control or mandate that the Golf Course do anything, including providing you with a resolution or remedy to your complaint.
12.3 These T&CS and any Tee Times and/or Hot Deals™ reserved through the Websites are governed by and construed in accordance with the laws of New South Wales, Australia.
13. ABOUT US
13.1 GolfNow and ISEEKGOLF by GolfNow, are trading names of GolfNow LLC of 7580 Golf Channel Drive, Orlando, Florida 32819.
13.2 Our Customer Support team can be contacted by:
Phone: +61 1800 942 929
Email: [email protected]
Thank you for booking with GolfNow.