If you have any questions about our Terms of Service, please contact us.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.ProGolfMe.com ("the Site") operated by ProGolfMe Ltd doing business as ProGolfMe ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.ProGolfMe.com.
The Site provides information, tools, advice, etc. relating to but not limited golf swing analysis, some of which are reserved for accessibility only by registered users (“Services”).
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, using the Services available through the Site or contributing content or other materials to the Site, you agree to be bound by the Agreement. Capitalized terms are defined in this Agreement.
You must register on the Site to use the Services available on the Site that are reserved for registered users. You may register as a golfer or a coach, or both separately. To register you must provide us with certain personal information and you warrant the accuracy of all information you provide to us.
Registered users can pay for certain services through the Site. All fees associated with such services are due and payable immediately at the rate, and on the terms, published on the Site in relation to the particular service. Fees include any applicable GST, VAT or other similar sales tax. Fees are fully refundable if the Services are not delivered to you. We reserve the right to change, add or remove fees for any service or new service, at our discretion and without notice.
This clause applies only to users of the Site who have registered as a coach (“Coach”).
We expect a high degree of professionalism and quality from Coaches using the Site. All Coaches must hold a current PGA registration, or alternative registration/accreditation that may, from time to time, be approved by us in writing. If a Coach’s registration/accreditation ceases, is terminated or lapses (or we withdraw our approval of an alternative registration/accreditation) for any reason the Coach must immediately cease providing services through the Site.
We reserve the right to reject any application for registration of a Coach, and the right to terminate, suspend or place limits on a Coach’s account, at our discretion.
A Coach may earn fees for the provision of services through the Site. The amount of the fees and any additional terms associated with the provision of each type of service will be determined by us and published on the Site from time to time.
We will pay any fees earned by the Coach through the Site within 30 days of the end of the month in which they were earned, less any taxes or similar charges that we are required to withhold in accordance with the Law. You must provide us with all accurate and correct details that we reasonably require to make the payment, including without limitation, your name, address, bank account details, and any relevant company details. We will not make a payment unless there is a minimum balance due to you of $200. Where the balance due to you is less than this threshold the balance will roll over from month to month until your balance builds up to the threshold and be deemed to have been earned in that month.
You will forfeit any outstanding fees due to you from us if you breach this Agreement or terminate your registration as a Coach.
The Site and its original content, features and functionality are owned by ProGolfMe and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice and for any reason at our discretion. Such termination may result in the forfeiture and destruction of some or all information related to you that is held by us in association with the Site. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are responsible for the security of your username and password. Never tell your password to anyone else, and change it regularly. Take care when using a shared computer to ensure that your username and password are not recorded. You are solely responsible for all activities on the Site that occur when logged in with your username and password. If you believe that someone else has accessed your account you must change your password immediately and contact us with details.
Our Site may contain links to third-party sites that are not owned or controlled by ProGolfMe.
You agree that you are solely responsible for your own actions, including without limitation provision of information to the Site and any and all interaction with other users of the Site and/or Services, and you agree to comply with all relevant laws in relation to such activity, action or interaction. You further agree that third parties can and will add, edit or delete information contained on the Site without our control and information that you access may be offensive, objectionable, harmful, inaccurate or otherwise contrary to your preferences.
You indemnify us against any claim in relation to your actions or interactions, or your exposure to or use of information on, through or otherwise related to our Site or Services that are brought about by any person, including without limitation you and third parties.
You agree that we shall not be liable to you for any special, consequential, indirect, punitive, exemplary or other similar damages, loss of profit, loss of revenue, loss of data or information, resulting from any cause, including without limitation negligence, relating to or arising from these terms and conditions, our provision or operation of the Site or the Services, or from your acts or omissions in relation to the Site or the Services, and that you indemnify us against any and all such losses and damages.
Notwithstanding anything to the contrary, and to the extent allowable by law, our maximum limit of liability to you at law, in equity, or on any other grounds, whether, without limitation, due to negligence or otherwise, for any and all claims in relation to or in any way arising from these terms and conditions, an express or implied warranty, or the Site or the Services shall be absolutely capped at AUD100 in the aggregate.
It is agreed that the limitation of liability in this agreement, and any warranty, or limitation of warranty, contained herein represent a fair and reasonable assessment and apportionment of risks and liabilities between you and us and that without such limitation and indemnification we would not be willing to grant you access to the Site or the Services, and could not economically do so.
All limitations of liability or warranties are limitations to the extent permitted by law.
You warrant to us that you have sought specific and competent medical advice prior to undertaking any physical activity associated with the Site.
We do not endorse, represent or recommend any of the Coaches on the Site and Coaches do not represent us and cannot do anything on our behalf. Any services or information provided by a Coach to you, or interaction between you on or off the Site, is not reviewed or monitored by us and is at your sole risk.
We make no express warranty in relation to the Site or the Services, or any other offering or service other than contained herein. To the extent allowable by law (which may vary between jurisdictions) we make no implied warranty. The Site and the Services are available on an “as is” basis. We are not obliged to change, fix or amend any aspect of the Site or Services at your request and disclaim all express and implied warranties.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Western Australia (“Law”) without giving effect to any principles of conflicts of law.
These terms and conditions, including any other incorporated by reference, constitute the entire agreement between you and us in relation to the subject(s) thereof and supersede any and all prior or contemporaneous agreements, written or oral, regarding such subject(s).
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, you must not use, access or continue to access the Site and must discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact ProGolfMe.
All contents of the www.ProGolfMe.com website are Copyright © 2016 ProGolfMe and/or its suppliers, affiliates and partners. All rights reserved.
Pursuant notifications of claimed copyright infringements should be sent to Service Provider's Designated Agent. Any and all enquiries not relevant to copyright infringement will receive no response from the designated agent.
This Agreement was last modified on 23 May 2016