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TERMS
WEBSITE TERMS

Version 1.0 effective 1st July, 2016

ABOUT THE WEBSITE 1.1. Welcome to www.golfingmojo.com (the Website, We, Us). The Website provides a range of fantasy sports experiences for the golfing fan (the Receiver) including a full tournament fantasy competitions and individual round fantasy competitions. The Website may also publish other related golf services, products, offers and digital experiences (the Services).

The Website also facilitates interactions between:

(a) the digital golfing fan (the Receiver); and

(b) provider of golf advertising, services and products (the Provider), making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the Products).

1.2 The Website is operated by Golfing Mojo. Access to and use of the Website, or any of its associated products or Services, is provided by Golfing Mojo. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.

1.3 Golfing Mojo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Golfing Mojo updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

ACCEPTANCE OF TERMS 2.1 You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Golfing Mojo in the user interface.

THE SERVICES AND FUTURE SUBSCRIPTIONS 3.1 In order to access the Services, the Receiver is required to register for an account through the Website (the Account). The Provider under certain circumstances may be required to register for an account through the Website (the Account), however this may not be the case.

3.2 Services are currently provided for FREE for Receivers.

3.3 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) an email address

(b) preferred username

(c) country of origin

(d) a telephone number

(e) a password

(f) additional information as volunteered

3.4 You warrant that any information you give to Golfing Mojo in the course of completing the registration process will always be accurate, correct and up to date.

3.5 At some point in the future you may be required to purchase a subscription through the Website (the Subscription) and pay the applicable fee for the selected Subscription (the Subscription Fee) in order to access the Services.

3.6 In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

3.7 Once you have purchased the Subscription you will be granted access to the Website.

3.8 Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

3.9 As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the Subscription Period) if applicable.

3.10 You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Golfing Mojo; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3.11 We provide the Services on the basis you are fully aware of the laws of the country in which you are resident and you comply fully with 3.10 (b) above.

YOUR OBLIGATIONS AS A MEMBER 4.1 As a Member, you agree to comply with the following:

(a) you will not share a profile with any other person;

(b) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Golfing Mojo of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Golfing Mojo;

(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Golfing Mojo for any illegal or unauthorised use of the Website; and

(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

USING THE WEBSITE AS A PROVIDER 5.1 As Provider you must comply with the following:

(a) promote your Products in a manner and format as agreed by Us.

(b) provide Us with supporting documentation as agreed by both parties (if applicable); and

(c) act in good faith with the Receiver.

ACCESSING PRODUCTS FROM PROVIDERS 6.1 As Receiver you acknowledge the Provider is an independent business from Us and We are not responsible for the Services of the Provider.

PAYMENT 7.1 By Golfing Mojo offering the Services to you, you agree that a Subscription Fee may apply to access some of all the Website Services. Additionally an Entry Fee may apply to access certain competitions and offers.

7.2 Where the option is given to you, you may make payment of the Subscription Fee and or Entry Fee by way of:

(a) Credit Card Payment (Credit Card)

(b) PayPal Australia Pty Limited (ABN 93 111 195 389) (PayPal)

7.3 You acknowledge and agree that where a request for the payment of the Subscription Fee and or Entry Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee and or Entry Fee.

7.4 You agree and acknowledge that Golfing Mojo can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

REFUND POLICY Subscriptions

8.1 Golfing Mojo will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Golfing Mojo makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the Refund).

8.2 Once a refund on your Subscription is agreed we will process a refund to the credit card used to make the purchase. Please note it can take up to 5 business days for the refund to enter your account from the date of process.

Purchases From Golfing Mojo as the Vendor

8.3 For goods purchased from Golfing Mojo as the vendor we accept returns for either refund or exchange up 30 days after the purchase date. All returns must be authorised by our customer service team prior to being returned. To process a return you must first meet these requirements:

(a) Item(s) need to be returned within 30 days of purchase;

(b) The item(s) need to be in a resalable condition (i.e. the original tags and labels are still attached, the item(s) are in the original packaging (if any)and the item(s) is unworn, unused and as sold; and

(c) you have your order reference number for a reference.

8.4 After contacting Us you will be provided with the returns instructions.

8.5 Once the item(s) are received a refund will be processed to the credit card used to make the purchase. Please note it can take up to 5 business days for the refund to enter your account from the date of process.

8.6 If you have changed your mind about the item(s) or the size and or specifications are incorrect, the item(s) are returned to Us at your expense.

8.7 If your item(s) are defective or are incorrect to the item purchased we will organise a return pick up at our expense including any replacement freight costs.

Purchases From Providors

8.8 Since Golfing Mojo is also a facilitator in introducing the Receiver to the Provider, Golfing Mojo does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Provider Services.

8.9 Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Golfing Mojo requires the Receiver to:

(a) contact the Provider directly to request a refund; and

(b) if contacting the Provider is not successful after fourteen (14) days, contact Golfing Mojo through the Contact Us section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.

8.10 If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees to deal with the matter pursuant with their Refund Policy.

8.11 Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.

COPY RIGHT AND INTELLECTUAL PROPERTY 9.1. The Website, the Services and all of the related products of Golfing Mojo are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Golfing Mojo or its contributors.

9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Golfing Mojo, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your devices cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

9.3 Golfing Mojo does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Golfing Mojo.

9.4 Golfing Mojo retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

9.5 You may not, without the prior written permission of Golfing Mojo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9.6 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Golfing Mojo a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

PRIVACY 10.1 Golfing Mojo takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Golfing Mojos Privacy Policy, which is available on the Website.

GENERAL DISCLAIMER 11.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

11.2 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Golfing Mojo we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Golfing Mojo make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Golfing Mojo) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Golfing Mojo; and

(d) the Services or operation in respect to links which are provided for your convenience.

11.4 You acknowledge that at times Golfing Mojo Website and the Services from Providers are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Golfing Mojo holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

LIMITATION OF LIABILITY 12.1 Golfing Mojos total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

12.2 You expressly understand and agree that Golfing Mojo, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12.3 You acknowledge and agree that Golfing Mojo holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

TERMINATION OF CONTRACT - PROVIDER 13.1. The Terms will continue to apply until terminated by either you or by Golfing Mojo as set out below.

13.2. If you are a Provider and want to terminate the Terms, you may do so by:

(a) not renewing the Subscription prior to the end of the Subscription Period (if applicable);

(b) providing Golfing Mojo with 14 days notice of your intention to terminate; and

(c) closing your accounts for all of the services which you use, where Golfing Mojo has made this option available to you.

13.3 Your notice should be sent, in writing, to Golfing Mojo via the Contact Us link on our homepage.

13.4 Golfing Mojo may at any time, terminate the Terms with you if:

(a) you do not renew the Subscription at the end of the Subscription Period (if applicable);

(b) you have breached any provision of the Terms or intend to breach any provision;

(c) Golfing Mojo is required to do so by law;

(d) Golfing Mojo is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(e) the provision of the Services to you by Golfing Mojo is, in the opinion of Golfing Mojo, no longer commercially viable.

13.5 Subject to local applicable laws, Golfing Mojo reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Golfing Mojos name or reputation or violates the rights of those of another party.

13.6 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Golfing Mojo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

TERMINATION OF CONTRACT - RECEIVER 14.1. The Terms will continue to apply until terminated by either you or by Golfing Mojo as set out below.

14.2. If you are a Receiver and want to terminate the Terms, you may do so by:

(a) not renewing the Subscription prior to the end of the Subscription Period (if applicable); and

(b) closing your accounts for all of the services which you use, where Golfing Mojo has made this option available to you.

14.3 Golfing Mojo may at any time, terminate the Terms with you if:

(a) you do not renew the Subscription at the end of the Subscription Period (if applicable);

(b) you have breached any provision of the Terms or intend to breach any provision;

(c) Golfing Mojo is required to do so by law;

(d) Golfing Mojo is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(e) the provision of the Services to you by Golfing Mojo is, in the opinion of Golfing Mojo, no longer commercially viable.

14.4 Subject to local applicable laws, Golfing Mojo reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Golfing Mojos name or reputation or violates the rights of those of another party.

14.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Golfing Mojo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

INDEMNITY 15.1 You agree to indemnify Golfing Mojo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

DISPUTE RESOLUTION 16.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

16.2 Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

16.3 Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

16.4 Mediation:

(a) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(b) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(c) The mediation will be held in Tasmania, Australia

(d) If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16.5 Binding Decision: Our decisions in relation to disputes on issues relating to Fantasy are final. No further correspondence will be entered into.

16.6 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

VENUE AND JURISDICTION 17.1 The Services offered by Golfing Mojo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Tasmania, Australia.

GOVERNING LAW 18.1 The Terms are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

INDEPENDENT LEGAL ADVICE 19.1 Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

SEVERANCE 20.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.