Luxe Golf Club
Luxe Golf PTY LTD
Platform Terms
Last updated 12 October, 2023
1. TERMS AND CONDITIONS
These terms and conditions ('Platform Terms') apply to the subscription-based platform Luxe Golf ('LGC') available a www.luxegolfclub.com.au ('LGC Website') or, when available, on a web and/or mobile application and any other like software utilised by Luxe Golf Club from time to time ('LGC App' or 'App') (together, 'LGC Platforms'). The LGC Platforms are made available by Luxe Golf Pty Ltd (ACN 670 819 468) of 19/29 Nichols Street, Surry Hills, NSW 2010 ('Luxe Golf', 'we', ' our' or 'us'). LGC offers registered Subscribers access to the Subscription Service, including access to rewards, promotions, discounts and benefits as part of the Luxe Golf Rewards Program. In these Platform Terms, we refer to you as 'you', 'your' or 'Subscriber'.
The rewards, promotions, discounts and deals from third party suppliers which we provide to Subscribers (‘Deals') are offered to Subscribers to the Luxe Golf Platform as part of the Subscription Service.
By engaging with Luxe Golf through the Luxe Golf Platform, you acknowledge and agree that your access to, and use of, the LGC Platform is subject to the Platform Terms. The Platform Terms include these terms and conditions as updated from time to time, including but not limited to any trade promotion lottery terms, our Privacy Policy available at www.luxegolfclub.com/privacypolicy and our Cookies Policy.
Please note that any business associate of Luxe Golf that provides Deals (‘Deal Partner’) and third party providers of Deals procured by Deal Partners (‘Third Party Provider’) may also operate under their own Platform Terms, which you agree to be bound by.
2. PLATFORM TERMS
2.1 Please read these Platform Terms before subscribing for a Subscription, accessing the LGC Rewards Program or using the LGC Platform. By accessing and using the LGC Platform, registering or subscribing and/or placing an online order for Luxe Golf Club, you acknowledge that you have read, understood and agree to be bound by these Platform Terms and policies. If you do not agree to adhere to these Platform Terms and policies, you must immediately exit the LGC Platform and not continue to use any LGC intellectual property, or in any way access or use any deals or participating in a trade lottery promotion. In addition, you must also delete and uninstall the Luxe Golf Club App from your electronic devices.
2.2 These Terms and Conditions govern your use of the Subscription Service. They constitute a legally binding agreement between you and Luxe Golf.
2.3 In accessing, registering or using the LGC Platform, including any and all its webpages, the services and products, information, text and images, offered or provided on the LGC Platform, you are deemed to have read and personally agreed to the Platform Terms.
2.4 Luxe Golf may provide you with Trade Promotion Lotteries or other promotional offers from time to time which will be subject to TPL Terms to be read in conjunction with, and forming part of, these Platform Terms.
2.5 Luxe Golf reserves the right to change these Platform Terms and/or Policies anytime without providing any notice. If we do, the new Platform Terms will be posted on the LGC Platforms. Your subsequent or continued use of the LGC Platforms will constitute your acceptance of any changes. If you object to any changes to the Platform Terms, your exclusive remedy is to immediately discontinue your use of the LGC Platforms. Luxe Golf recommends that each time you visit the LGC Platform you read the Platform Terms.
3. LUXE GOLF CLUB SUBSCRIPTION SERVICE
3.1 In consideration for paying the Subscription Fee when due, Luxe Golf provides its Subscribers with access to the Subscription Service.
In this clause and in these Platform Terms:
‘Subscribers’ mean subscribers of Subscriptions under Addendum A.
‘Subscription’ means a subscription to the Subscription Service in the Subscription Tiers described in Addendum A.
‘Subscription Fee’ means the monthly fee charged to Subscribers for the Subscription Service.
‘Subscription Service’ means the service provided by Luxe Golf to Subscriber under these Terms and Conditions, consisting of software-as-a-service technology licence access to the LGC Platform, and to rewards, promotions, discounts and deals from third parties suppliers as part of the LGC Rewards Program.
3.2 Your entitlements under the program offered by Luxe Golf Club from time to time through the LGC Platform, which enables Subscribers to access Deals (‘LGC Rewards Program') are determined by the level or category of Subscription with the entitlements described in Addendum A (‘Subscription Tier’) for which you subscribe. Within each option, your entitlements are further determined by the tier that you choose and payment of the Subscription Fee.
3.3 In order to access the Deals, you must pay the Subscription Fee, and subscribe and register as a Subscriber in the LGC Platform under these Platform Terms.
3.4. In completing your registration and subscription, personal information shall be handled and collected in accordance with our Privacy Policy.
3.5 In providing information for the registration and subscription to the Subscription Service, you warrant that all such information is true and accurate in every particular. As part of the registration and subscription process, you will be required to provide a Subscriber name as your personal identifier, and a password in order for you to set up and access an account with Luxe Golf. You are solely obligated to keep safe your Subscriber name and password, and Luxe Golf will not be held responsible for any loss of your Subscriber name and password. By registering and subscribing to the LGC Rewards Program, you agree that all activity with the use of the Subscriber name selected by you represents activity carried out by you personally. You are solely liable and responsible for the actions taken under your Subscriber name.
3.6 By registering, subscribing and creating an account with the Subscription Service, you declare and warrant that you:
(a) are at least eighteen (18) years of age;
(b) are of a legal capacity enter into a legally binding agreement with Luxe Golf;
(c) will use the Subscription Service and LGC Platform in accordance with these Platform Terms.
4. TRADE PROMOTIONS
If Luxe Golf conducts a Trade Promotion Lottery, you agree to the Platform Terms set out in Addendum B and the additional TPL Terms.
5. YOUR PRIVACY
5.1 Luxe Golf Club is only open to Subscribers habitually resident in Australia. By registering, subscribing and creating an account with the Subscription Service Luxe Golf will collect personal information about you for the purpose of identifying you, contacting you, processing your registration and subscription, and providing you with the benefits attached to your subscription to the Subscription Service, and for purposes otherwise set out in our Privacy Policy. By providing your personal information to us, you consent to the collection and use of that information in accordance with these Platform Terms and our Privacy Policy.
5.2 Luxe Golf respects and values your privacy and agrees to use all reasonable endeavours to keep your private and Personal Information safely and securely stored at all times to avoid misuse, loss, unauthorised access, modification or disclosure and handle your private and Personal Information in an appropriate manner. Luxe Golf gathers information in accordance with our Privacy Policy and our obligations under the Privacy Act 1998 (Cth).
5.3 From time to time, Luxe Golf may, in accordance with the Cookies Policy, use Cookies to us learn more about how you use the LGC Platform and make it easier for you to use the LGC Platform on return visits.
5.4 By providing your personal information, you agree that Luxe Golf may provide such information to third parties involved in the delivery of the benefits and services offered as part of the Subscription Service (including the provision of such information to our information technology suppliers, communication suppliers and business partners) or as otherwise required by law.
5.5 Luxe Golf will otherwise collect your personal information and use it in accordance with our Privacy Policy. You will be able to access your personal information provided to us upon written request to Luxe Golf.
5.6 If you do not provide all or part of the requested information as part of your registration, subscription and Subscription, you may not have enjoy some or all of the benefits and services provided to you by us through the Program.
6. SUBSCRIPTION TIERS
6.1 The amount of fee you pay to the Subscription Service is determined by the Subscription Tier for which you subscribe.
6.2 By subscribing, registering and paying the Subscription Fee in accordance with these Platform Terms, and complying therewith, you will be provided with the Subscription Service, including without limitation access to the entitlements associated with each Subscription Tier on the terms set out in these Platform Terms, including Addendum A.
6.3 All Subscriber’s entitlements are subject to the continued operation of business by Luxe Golf in providing the Subscription Service, such that if for any reason Luxe Golf ceases it business and services herein described, all entitlements will be cancelled and forfeited, and you agree to release Luxe Golf and its Related Parties from all claim and liability in connection with such cancellation or forfeiture.
7. SUBSCRIPTION FEES
7.1 In these Platform Terms, the Subscription Fee for the Subscriptions are the fees last published on the LGC Website and/or Addendum A at the time of subscription, and renewal thereof.
7.2 If the Subscription Fee set out on the LGC Website and/or Addendum A conflicts, the fee stated on the LGC Website shall prevail.
7.3 The Subscription Fee for a Subscription is due monthly in advance, commencing on the day that you first subscribe to a Subscription and pay the Subscription Fee, except for Subscribers who subscribe for Subscription prior to 5.00 PM, 31 January 2022 or special promotions, and are subject to Special Promotion Platform Terms applying at that time, or such other period of time as Luxe Golf Club may determine at its discretion (‘Foundation Subscribers’) .whose billing cycle shall commence on 1 April 2023.
7.4 From the due date of each Subscription Fee, Luxe Golf may, but are not obligated to, attempt to debit your nominated payment method once every five (5) calendar days until Luxe Golf receives the amount due to it pursuant to your subscription or Subscription.
7.5 All Subscription Fees and prices on the LGC App, Website and Addendum A are in Australian dollars and are exclusive of GST. Subscription Fees and prices are subject to change without notice. In respect of any order made by you on the LGC Platform, Luxe Golf will charge you, and you agree to pay, the stated Subscription Fee, purchase price (if applicable) and the delivery fee as at the time the order was placed.
7.6 Luxe Golf accepts payment by the way of Visa and MasterCard. By ordering any Subscriptions from the LGC Platform, you authorise Luxe Golf to charge all fees relating to your order to your nominated credit card. If payment is not received from the card issuer or its agents for any given reason, you agree to pay Luxe Golf all amounts due on demand.
7.7 Subscriptions must be paid in full at the time of purchase, unless otherwise agreed between you and Luxe Golf in writing. Luxe Golf is under no obligation to deliver or honour, or provided access and entitlement in accordance with any Subscription Tiers until payment for those Subscriptions have been paid for in full and payment is received.
7.8 In addition to the Subscription Fees, in order to enjoy or purchase Deals, additional fees may be payable to our Deal Partners and/or Third Party Providers.
8. STOCK
8.1 Luxe Golf does not guarantee that there will be sufficient stock to satisfy all orders with respect to Deals. If the requested products or services are unavailable at the time of purchase, you may be offered a similar alternative or be provided with a credit for the value of that item or service. You will be notified if this occurs.
8.2 If you receive an order and believe that you have made an error in ordering, you can return the unwanted product at your expense. Please Note:
(a) Only online purchases can be returned as outlined above; and
(b) If your online purchase was made using a credit card, your approved refund will be processed to that credit card.
Refunds or exchanges are accepted in accordance with Australian Consumer Law.
8.3 In most cases, orders are dispatched on the next business day. Orders that have been dispatched cannot be cancelled and will have to be posted back at your expense, where a full refund (less postage) will be provided.
8.4 All rights are reserved to reject any order you place and/or to limit quantities on any order, without giving any reason. These restrictions may include orders placed by the same website account, the same credit card, the same PayPal account and orders that use the same billing address. In the event that an order is rejected, changed or limited, you may be notified using the email and/or billing address provided at the time the order was made. All rights are reserved to limit or prohibit sales to dealers or any commercial enterprise. If the items listed on your order are unable to be supplied, these terms will apply to the supply of all or part of the Order. Goods may be backordered on your behalf if for any reason any or all items listed on your order are unable to be supplied. Where a backorder has been placed on your behalf, you will be contacted by phone following delivery.
9. DEAL FULFILMENT
9.1 Orders are delivered within Australia to all major capital cities and towns and internationally. Fixed-price shipping is provided for all international orders. The Deals Partner or Third Party Provider will endeavour to provide you with a delivery estimate at the time an order is placed and payment is received in full. The estimated time of delivery ultimately depends on where your order is being shipped to and the volume of the order, and the capacity of the delivery company at the time of shipment.
9.2 The Deals Partner or Third Party Provider endeavours to deliver the goods within 1-7 business days however you may request express post at your own, additional expense.
9.3 Whilst the Deals Partner or Third Party Provider always endeavours to meet the delivery date on the scheduled days, you acknowledge and agree that the Deals Partner or Third Party Provider is not and will not be liable for any loss or damage, howsoever it arises, if the products are not delivered by the scheduled delivery day.
9.4 You or your authorised recipient must be available to collect the products at the estimated delivery time at the nominated delivery address. If you are unable to collect the products at the estimated time and location, all rights are reserved to charge an additional delivery fee. A re-delivery fee will be determined once you have arranged the products to be re-delivered.
9.5 It is your responsibility to ensure correct delivery address details and contact numbers are provided, where delivery is made to an incorrect address, an additional delivery fee will be charged to you for re delivery to the correct address.
9.6 Orders returned due to incorrect address, failure to collect from Australia Post Outlet, or failure to contact courier after an attempted delivery, will incur a re-shipping AND re-delivery fee. All deliveries will be made on business days only.
9.7 Refunds will not be given for late delivery. The Deals Partner or Third Party Provider will not be held liable for late delivery outside of our stipulated delivery time frames. The Deals Partner or Third Party Provider endeavours to ship your delivery on time and without any delay. If a delay does occur, it is often during transit, which is out of the Deals Partner or Third Party Provider ‘s control. In the rare case you do not receive your parcel within the anticipated and estimated time frame, please contact us at team@luxegolfclub.com and we will follow up with the courier service.
9.8 Please note that during peak times (November-December) standard delivery times may be greater than 1-7 business days. Accordingly, orders during these times should be placed as early as possible to avoid delays.
10. THIRD PARTY PROVIDERS
10.1 Luxe Golf Club provides access to Deals given by Third Party Providers which may be exclusive to Luxe Golf Club Subscribers.You acknowledge that Deals are controlled, operated and offered by Third Party Providers. By subscribing and paying the Subscription Fee, you agree that Luxe Golf is a referrer and/or a notifier of the Deals only, and must not be held responsible for any liabilities in connection with Deals whatsoever, including but not limited to the availability of the Deal, or the terms or particulars of any Deals (or any inaccuracies in connection thereto).
10.2 You acknowledge that Deals have their own additional Platform Terms from Third Party Providers which may apply. By accessing and using such Deals, you must agree to the relevant Platform Terms applicable to those Deals.
10.3 Luxe Golf Club may include links on the LGC Platform to websites owned and operated by Third Party Providers (‘Third Party Websites’). Luxe Golf Club is not responsible for the content on any Third Party Websites, the availability of goods or services, the quality or suitability in relation to any Deals or Third Party Provider, the terms or availability of any Deals, nor is Luxe Golf responsible for any damages, offence, loss, cost or damage suffered as a consequence of engaging with or using Third Party Websites, Third Party Providers or any Deals. There is no implication of association or endorsement of Third Party Providers and their conduct and activities, or of the action, information and materials on a Third Party Website, nor in relation to any activity on a Third Party Website by you or any other Subscriber of the LGC Website.
10.4 All Deals are presented as potential benefits that may be accessed by a Subscriber, and at all times subject to your due diligence and enquiry of the Deal with the relevant Third Party Provider.
10.5 Nothing in these Platform Terms, or the Subscription Service shall be construed to mean that Luxe Golf guarantees any of the Deals in any way or particular whatsoever.
10.6 When using a Third Party Provider, you agree to the Third Party Provider’s Platform Terms and their privacy policy. In case of any inconsistency between Third Party Provider Platform Terms and these Platform Terms and Policies, these Platform Terms and Policies will prevail insofar as they relate to the use of the LGC Platform, the LGC Program or Subscriptions.
10.7 Luxe Golf takes no responsibility for the security or any other risk associated with using the Third Party Provider or using or accessing, or attempting to use and access the Deals or any Third Party Websites.
10.8 You agree to release and indemnify Luxe Golf and its Related Parties for and against any and all claims, liability, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, legal fees) arising from or in connection with any Third Party Websites or any Third Party Providers, the Deals they may offer, and/or their products or services.
10.9 You acknowledge and agree that prices published in connection with any Deals or Third Party Provider may vary, for reason which include but are not limited to the type of purchase and the region in which you are located.
10.10 Title and risk regarding products offered for sale on or through this LGC Platform and purchased by you, will be at your sole risk and subject to your entitlement with the Third Party Provider only, except to the extent of any Luxe Golf Club merchandise sold by Luxe Golf.
11. WARRANTIES, DISCLAIMER, AND LIABILITY
11.1 Luxe Golf makes no representation or warranties as to the use and content of the LGC Platform.
11.2 You acknowledge and agree that your use of the Subscription Service is at your sole risk. The LGC Platform, the LGC Rewards Program and their Content, including any Deal, and our Subscriptions, are provided on an ‘as described’ and ‘as available’ basis without any representation, warranty or conditions of any kind, neither express or implied, as to the availability or validity of any Deals, or the quality, fitness for a particular purpose or durability of any content or products displayed therein.
11.3 By subscribing and paying the Subscription Fee and accessing the Subscription Service you agree that you do so at your sole risk in consideration of the following:
(a) That the Deals, and any entitlements, offers and benefits presented in the Subscription Service may be limited, removed, changed or altered, in whole or in part, whether in their availability or their detail or specifications, and at any time at Luxe Golf Club’s sole discretion.
(b) That your Subscription Fee is in consideration for opportunity of accessing the Deals in the Subscription Service and for discount merchandise (if relevant) only, and not for the entry to any trade promotion lottery.
11.4 You acknowledge and agree that Luxe Golf will not be liable for any loss, damage or expense, directly or indirectly incurred, howsoever arising, in connection with your use of, or access to the LGC Platform, the Deals and Content contained therein, including those which you may suffer in connection with your inability to access the LGC Platform and/or as a result of any Content contained in them being incorrect, incomplete or not up-to-date.
11.5 To the extent permitted by law, you acknowledge and agree that Luxe Golf and its Related Parties, will not be liable for damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special punitive or consequential damages, loss of use, loss of data, loss of income or profit, loss of damage to property, loss of opportunity, legal costs, claims of third parties or other losses of any kind, arising out of or in connection with the use of the LGC Platform, Deals, content, products displayed on the LGC Platform, the use of the LGC Platform or any third party website that it is linked to, including but not limited to any such loss or damage congenital of any viruses, inaccurate information, interruption of use of the LGC Platform, and security of the same, to the fullest extent permitted in law. Where any law (including the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)) provides a guarantee which may not be lawfully excluded, Luxe Golf’s liability will be limited to that provided by law.
11.6 The liability of Luxe Golf and its Related Parties for any liability, loss, cost or damage incurred by you (directly or indirectly incurred) to you for any loss or damage relating to the LGC Rewards Program, Subscription, LGC Platform or Deals is reduced to the extent of (if any) contribution by you to that loss or damage and our liability shall be limited to the maximum extent permitted by law.
11.7 You agree that Luxe Golf may restrict, limit, suspend, terminate your access and use of the LGC Platform and the Subscription Service and the content or feature therein, at any time at Luxe Golf’s sole discretion, and Luxe Golf is not liable for any liability, loss, cost or damage occasioned as a result thereof, and notwithstanding Luxe Golf’s discretionary entitlement such reasons may include your engagement in unlawful activities or misconduct or conduct which threatens the fair, intended and proper operation of the Subscription Service and LGC Platform.
11.8 Luxe Golf is entitled to seek all remedies available at law or in equity for any breaches of these Platform Terms by you, and may suspend or terminate your account and ultimately block access from a particular internet address to this site. Luxe Golf’s failure to enforce or pursue any one or more of these rights under these Platform Terms will not constitute a waiver of such rights.
11.9 In addition to the foregoing, you agree to release, indemnify and hold harmless Luxe Golf and its Related Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, legal fees) arising from or in connection with: (a) your violation of any term of these Platform Terms; (b) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (c) any claim or demand made by you or any third party, emerging out of or in connection with the access or use of the LGC App, Website and LGC Rewards Program, any Deals, or third party products or services, howsoever and whensoever incurred.
12. LUXE GOLF CLUB PLATFORM AVAILABILITY, ERRORS AND OMMISSIONS
12.1 Whilst Luxe Golf makes every effort to ensure the accuracy of the LGC Platform content, you acknowledge that periodically omissions or errors may occur in relation to some or all the content of the LGC Platform. If you believe that an error or omission exists on the LGC Platform, we request that you immediately notify us of the error or omission.
12.2 To the extent permitted by law, you acknowledge and agree that Luxe Golf and its Related Parties’ liability, loss, cost or damage incurred by you (directly or indirectly incurred) in connection is not in any way liable to you for any direct or indirect loss, damage, cost or expenses suffered or incurred by you as a result of any error or omission appearing on the LGC Platform, including legal costs and loss of opportunity.
12.3 Occasionally information on the LGC Platform may contain typographical errors, inaccuracies or omissions that may relate to any Deals, product descriptions, pricing, product availability, delivery charges, and delivery times. Luxe Golf reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information related to a Deal or products, the LGC Platform or on any Third Party Website is inaccurate and it may be done so at any time without notice, including after you have placed an order therewith.
12.4 Luxe Golf is under no obligation to update, amend or clarify any information related to the Deals, products, the LGC Platform or on any Third Party Website, including without limitation, pricing, particulars of a Deal or any other information relating to a Deal or possible Deal, except as required by law.
12.5 By engaging with Luxe Golf via the LGC Platform, you acknowledge that the internet is an unsecured public network and by interacting the LGC Platform you will be providing information across such network. Luxe Golf will undertake all reasonable measures to protect the security of information transmitted by you and/or to you, however such information may be unintentionally displayed, intercepted, corrupted or modified by third parties. Furthermore, files acquired through or from the LGC Platform may contain computer viruses or potentially other harmful codes or defects. For more information regarding your privacy, please see our Privacy Policy.
12.6 By engaging the LGC Platform and providing and receiving such information, you acknowledge these risks, and any losses or damages that may unintentionally occur.
13. INTELLECTUAL PROPERTY
13.1 Luxe Golf's intellectual property includes the entire content included in the LGC Platform including, but not limited to text, designs, photographs, images, logos, graphics, audio, video or code (‘LGC Intellectual Property’). Where content on the LGC Platform is provided by persons other than Luxe Golf or its Related Parties, including but not limited those in association with the Deals, then that content may be deemed to be owned by the third party providing the content and protected by Australian and international copyright laws.
13.2 These trademarks, logos and other proprietary rights forming a part of LGC Intellectual Property may not be used in relation to any other product or service without Luxe Golf’s written consent.
13.3 You must not post, broadcast, copy, edit, adapt, transform, publish, distribute, use or share LGC Intellectual Property on the LGC Platform without the express permission of Luxe Golf. If you post copyright material which violates Luxe Golf’s rights, Luxe Golf may remove the content or disable your account if necessary.
13.4 Except in regard to your own Subscriber-generated content, you agree that you have no right, title or interest in or to any content that appears on this LGC Platform. Reproduction of any content, design, layout, look, appearance or graphics contained in the LGC Platform is prohibited and may infringe our rights under the Copyright Act 1968 (Cth).
13.5 Where any content of the LGC Platform is downloaded or printed you agree that such content is to be used solely for private and non-commercial purposes or to evaluate and/or purchase of any Luxe Golf services.
13.6 Where not owned by Luxe Golf, Luxe Golf may license from third parties rights, title and intellectual property (including copyright, designs, patents, trademarks and other intellectual property rights) appearing on the LGC Platform and its contents.
13.7 By using the LGC Platform you agree and acknowledge that you are not granted or transferred any rights, title or interest in relation to any content thereupon. You are however permitted a limited and conditional right to access the LGC Platform, and to view the content thereupon subject to these Platform Terms.
13.8 If you infringe Luxe Golf's intellectual property rights, Luxe Golf reserves the right to disable your account and revoke all entitlements thereunder with no refund provided, indefinitely if necessary.
13.9 Subject to these Platform Terms, Luxe Golf Club hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited licence to download and use the LGC Platform for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with these Platform Terms and any applicable law.
13.10 For the avoidance of doubt, these Platform Terms do not convey to you an interest in, or to Luxe Golf Club’s Intellectual Property but only a limited revocable right of use in accordance with these Platform Terms. Nothing in these Platform Terms constitutes a waiver of Luxe Golf Club’s Intellectual Property under any law.
14. LUXE GOLF CLUB COMMUNICATIONS
14.1 You acknowledge that you are providing your express consent to receive commercial messages and notifications from Luxe Golf Club, for the purposes of advertising, promoting and providing special offers relating to Luxe Golf Club pursuant to the requirements of the Spam Act 2003 (Cth).
14.2 By subscribing to a Subscription, you agree to receive and accept all notices and service by SMS and email to the contact details provided by you upon sign-up, or as changed by you in your account from time to time.
15. LUXE GOLF CLUB PLATFORM
15.1 The LGC Platform comprises online applications and web pages used to view and access your Account, the LGC Rewards Program, the Deals, and any other Platform Terms, information or notifications provided by Luxe Golf.
15.2 When using the LGC Platform, you acknowledge and agree that you must set up a Subscriber account which may require you to provide the following information:
(a) Your full name;
(b) A nominated available Subscriber name;
(c) contact information;
(d) residential address;
(e) A nominated available passwords;
(f) IP Address;
(g) Profile Picture; and
(h) any other information Luxe Golf deems necessary from time to time.
(‘Personal Information’)
15.3 You are responsible for maintaining confidentiality of all your Personal Information.
15.4 You agree to accept full responsibility for all your activities on the LGC Platform.
15.5 The LGC Platform must only be used by persons over the age of eighteen (18) years. Luxe Golf reserves the right to refuse service, terminate your access to the LGC Platform, or cancel your account without any further notice to you.
15.6 In making the LGC Platform available for use, you acknowledge that Luxe Golf:
(a) does not provide you with any goods or services other than the provision of access to the Subscription Service and any merchandise available for sale from time to time;
(b) does not guarantee that the LGC Platform systems will be error free or any errors will be corrected;
(c) does not guarantee that the LGC Platform will be free from any viruses, harmful components or any other unintended third-party interference; and
(d) reserves the right to alter or remove any corrupted content that subject to or was caused by a software fault, error or malicious attack.
15.7 You acknowledge and agree that from time to time access to the LGC Platform may be unavailable for any one or all of the following reasons:
(a) maintenance and/or repairs;
(b) upgrades and enhancements;
(c) Luxe Golf Club server down time or failure;
(d) Luxe Golf Club systems down time or failure; or
(e) software utilised by Luxe Golf Club is corrupt or has failed,
and you accept the interruption, and to the fullest extent permitted in law, release Luxe Golf Club and its Related Parties from any loss, cost or damage that you may suffer as result of such interruption, including but not limited to your interrupted access to the Subscription Service and any Deals.
16. YOUR PROFILE
16.1 When you as a Subscriber becomes a Subscriber, you will be asked to create a Subscriber name for your account. You are solely responsible for selecting your Subscriber name in relation to using the LGC Platform.
16.2 You may be required to provide a profile image (‘Profile Picture’) to use the LGC Platform and to access the Subscription Service.
16.3 When you upload your profile picture, you:
(a) absolutely and unconditionally grant a non-exclusive, world-wide licence to Luxe Golf in perpetuity, for nil consideration to use your Profile Picture on the LGC Platform for the purpose of identifying you within your Subscriber profile;
(b) covenant that you own all right, title and interest in the copyright or any other intellectual property rights of your Profile Picture and/or have the right, or express permission of the right owner to upload and use the image on the LGC Platform; and
16.4 Any Profile Picture found to be infringing any intellectual property right may be immediately taken down by Luxe Golf without notice, and you indemnify Luxe Golf against any liability, loss, cost or expense in connection with such infringement.
17. YOUR OBLIGATIONS
As a Subscriber, you agree and acknowledge the following:
(a) You will not upload a virus or malicious malware to the LGC Platform.
(b) You will not collect any Luxe Golf Club content via any electronic, digital or any other means without written consent of Luxe Golf Club.
(c) You will not hack anyone other Subscriber’s content or account.
(d) You will not ‘troll’ against any other Luxe Golf Club’ Subscribers.
(e) You will not use any robot, spider, scraper or other automated means to access the LGC Platform for any purpose without our express written permission.
(f) You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the LGC Platform or any activities conducted on the LGC Platform, or bypass any measures Luxe Golf Club may use to prevent or restrict access to the LGC Platform.
(g) You will not operate any motorised transportation including but not limited to motor cars, motor bike, moped, or trucks, heavy machinery, boats, marine vehicles, cranes bikes, motorbikes or other engine, battery recreational equipment or devices whilst using or visiting the LGC Platform.
(h) You will not be distracted from any activity you are currently or were doing prior to checking the site, your feed or viewing video content, advertisements or anything posted on our site.
(i) You will not leave children, the aged, disabled, special needs persons, pets, friends or any other person or animal unattended whilst they are left in your care, when you are using our LGC Platform.
(j) You will not walk, run, jog or exercise whilst viewing our LGC Platform.
(k) You will take all care in protecting yourself and others whilst using the LGC Platform or any site associated with Luxe Golf Club, and your safety and the safety of others is solely your responsibility.
(l) You will not share any of your password login information with any person, and if you do are personally responsible for the access your account and any illegal or inappropriate content they may post or share under your account.
(m) You agree and acknowledge not to violate any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law applicable in that jurisdiction.
(n) You agree and acknowledges not to create any account under another person’s name or a false name or impersonate another person, company or organisation when using the LGC Platform.
(o) You agree and acknowledge not to try to hack or gain access to the LGC Platform nor should you use data mining, robots or similar data gathering or extraction methods for gaining information from the LGC Platform, nor should you try to gain access to any part of the LGC Platform, gain access to Subscriber Personal Information, accounts information, server or networks as used by Luxe Golf Club through any means whether it be hacking, password mining or any other methods of access to the LGC Platform or information contained herein.
(p) No Subscriber shall gather information of another Subscriber which may be personal or sensitive information about a Subscriber whether of a personal or financial manner.
(q) Luxe Golf Club uses reasonable means to ensure the safety of its Subscribers information, however Luxe Golf Club cannot guarantee the safety of information as shared by you.
(r) The winner acknowledges and agrees that by accepting the prize, the winner agrees to make himself or herself reasonably available to Luxe Golf to be recorded by way of still images and/or moving video while experiencing the prize, and otherwise provide access to the winner's name and likeness as reasonably requested by Luxe Golf (Content).
(s) Luxe Golf shall own the copyright to the Content, and to avoid doubt is permitted to:
(i) create and edit the Content as it considers desirable or necessary; and
(ii) transmit, broadcast, exhibit, sell and/or otherwise distribute the Content, and licence others to do the same, throughout the world in any way in any form of media.
(t) The winner acknowledges and agrees that Luxe Golf and its related bodies corporate hold all rights, and are the sole, unencumbered, legal and beneficial owner of all rights, title and interest (including copyright, whether vested, future or contingent) in and to the Content throughout the world in perpetuity and the winner grants all consents which may be required for the exploitation of the Content on a worldwide, royalty free, perpetual, irrevocable and exclusive basis to use, reproduce, edit and display any Content in any and all media now known or hereinafter devised, throughout the world. In addition, and without limiting the foregoing, the winner agrees that Luxe Golf may, in its sole discretion, post and/or use the Content in whole or in part, on Luxe Golf social media platforms and/or website.
(u) The winners accept that they are responsible for obtaining all necessary travel visas, insurance and will cover any additional costs not detailed in the awarded prize descriptions.
18. YOUR ACCOUNT
18.1 As a Subscriber of Luxe Golf Club, when you provide us with your Personal Information, you warrant the following:
(a) You will only provide true information when you are creating your Account and you will keep your information current.
(b) You will not create an Account in the name of any other person or use any other person’s information in creating an Account which you control.
(c) If we have deleted or restricted your Account, you will not create another Account in your name or alternative name without the written consent of Luxe Golf Club, given in its absolute discretion.
(d) You will not transfer your account to anyone without Luxe Golf Club’s written consent, given in its absolute discretion. You also acknowledge and agree that should you transfer your Account without our consent, you will be held responsible for any activities, whether criminal or otherwise, of that Account.
18.2 Should a dispute arise about a Subscriber name that may be subject to copyright or trade mark breach, Luxe Golf Club reserves our right to delete this name or suspend or terminate the Account.
19. USE OF APIs & SDKs
19.1 Luxe Golf Club may use APIs and SDKs to allow you to sign into Luxe Golf Club using your credentials from Facebook and other social media applications.
19.2 An application program interface (‘API’) verifies your credentials and facilitates authentication for you to use the LGC Platform without sharing your actual credentials with Luxe Golf.
19.3 In relation to Facebook, Luxe Golf uses API to interface with the Facebook platform and exchange data about the Subscriber such as: device type, OS or Android operating system type and version, your time zone, your carrier, device screen size, processor and disk space (‘Subscriber Data’).
19.4 A software development kit (‘SDK’) is used to assist Luxe Golf to track and measure the actions Subscribers take while using this App. It allows Luxe Golf to interact with other Apps like Facebook.
19.5 SDKs also provide us with tracking analytics, data trends and accurate insights on how Subscribers interact with Luxe Golf to help us enhance Subscriber experience.
19.6 If you use Facebook to login to the LGC Platform, any use of Facebook by you is subject to Facebook’s Platform Terms, privacy policies and any of Facebook’s supplementary terms.
19.7 By agreeing to these Platform Terms, you acknowledge and agree that Luxe Golf uses APIs and SDKs. Should you not agree to Luxe Golf providing your Subscriber Data to Facebook and any other social media application, please contact Luxe Golf via the methods set out below and delete the App from your device.
20. UPDATES
20.1 From time to time, Luxe Golf will need to make amendments to our services or the LGC Platform (Updates). Luxe Golf will notify you of Updates from time to time. You will have the opportunity to accept them in order to continue using our services.
20.2 In addition, Luxe Golf may from time to time provide enhancements or improvements to the features/functionality of the LGC Platform, which may include patches, bug fixes, updates, upgrades and other modifications.
20.3 Updates may modify or delete certain features and/or functionalities of the Application. You agree that Luxe Golf has no obligation to: (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the Application to you.
20.4 You further agree that all Updates will be: (a) deemed to constitute an integral part of the Application, and (b) subject to the Platform Terms of this Agreement.
21. TERMINATION
21.1 If you breach these Platform Terms or create a risk to Luxe Golf or other Subscribers of the LGC Platform, or do anything unlawful on the LGC Platform, Luxe Golf may notify you by email and suspend, disable or terminate your access to the LGC Platform in its absolute discretion. If Luxe Golf suspends, disables terminates your access to the LGC Platform all of your obligations in these Platform Terms which are capable of surviving, shall herein remain in force.
21.2 Luxe Golf can terminate your Subscription, subscription, access and/or participation in any aspect of this LGC Platform, or the LGC Rewards Program in our sole discretion if Luxe Golf believes you have breached any of the Platform Terms and/or you have yourself, are facilitating the unlawful activity of a third party in respect of the LGC Platform or if Luxe Golf suspects that any information provided by you is inaccurate or incorrect. In such an event,Luxe Golf is at liberty to take any other action necessary to enforce these Platform Terms.
21.3 Your Subscription must be cancelled by notifying Luxe Golf in writing by email to team@luxegolfclub.com
21.4 Terminating your Subscription does not remove you from our mailing or text lists; these must be done via the associated links as they are sent via third parties.
21.5 Your Subscription, entitlements thereunder and your subscription to the Subscription Service can be cancelled at Luxe Golf’s absolute discretion without further notice if you fail to honour or make any payment within ten (10) days from the due date.
21.6 All Subscriptions are cancelled absolutely without any rights or entitlements of reactivation. Upon cancellation, all accumulated entitlements and benefits, including but not limited to any undrawn Trade Promotion Lottery Entries, shall be terminated and forfeited. However you shall be entitled to receive and retain a prize you have already won.
21.7 If Luxe Golf Club believes someone has infringed the rights of another Subscriber, Luxe Golf Club reserves our right to remove this content or delete any Subscriber account at our discretion.
22. GENERAL
If any provision of these Platform Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
By engaging with this Website and registering as an account holder and placing an order for the supply of our service through the LGC Platform, you represent that you are at least eighteen (18) years of age with capacity to contract with us. You agree to provide truthful and accurate information about yourself as request in any order or registration form.
These Platform Terms of Use are governed by the laws of the State of New South Wales, and the federal laws of Australia. Any claim or dispute between you and Luxe Golf that arises in whole or in part from the website will be decided exclusively by a court of competent jurisdiction located in the State of New South Wales.
23. CONTACT US
Should you have any questions concerning your experience with Luxe Golf Club, these Platform Terms or any other Policy, we can be contacted at: team@luxegolfclub.com and FAQ’s can be found at https://www.luxegolfclub.com/support
Addendum A
Subscription Tiers
Subscription
1. By selecting one of the below Subscription Tier options when you complete your subscription and registration with the Subscription Service, you acknowledge that Luxe Golf will provide the benefits and entitlements for the relevant Subscription Tier subject to the Platform Terms and Policies, in consideration of your payment of the Subscription Fee when due.
2. Your Subscription will recur monthly until cancelled or terminated in accordance with the Platform Terms.
3. The rights and benefits for Subscription Tiers is described below:
| Silver | Gold | Platinum |
| $29.00 per month | $79.00 per month | $99.00 per month |
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4. Subscriptions automatically renew at the start of each billing cycle on the Website and General Platform Terms applying at that time, and will continue to renew accordingly until cancelled or terminated.
5. The monthly Subscription Fee is payable by each Subscriber at the time of subscription (except for Foundation Subscribers or special promotions) and the start of each billing cycle in advance as renewal of their subscription.
6. From time to time, Luxe Golf may offer exclusive Deals which shall be released to Subscribers in accordance with the priority which is attributable to their Subscription Tier. The particulars of the Exclusive Deals and their release shall be at the discretion of Luxe Golf, subject to the priority set out in the Subscription table.
7. If you wish to upgrade your Subscription, this will take effect the day the upgrade occurs, and resets the monthly billing cycle date from this date forward. The day the upgrade occurs existing entries carry over into the new subscription tier, and entitled bonus entries are awarded.
8. Downgrading subscription is not available on the LGC platform. Subscribers must cancel their account all entitlements accrued Entries in any Trade Promotion Lotteries shall be deleted and forfeited absolutely and in perpetuity.
Entries in Trade Promotion Lotteries are subject to being claimed by you.
9. These entitlements are subject to change at any time, at Luxe Golf’s absolute discretion and which shall be binding on you if you choose to re-subscribe for or renew a Package/Subscription, or subscribe for a new Package or Subscription.
Subscription
10. From time to time, Luxe Golf may announce and offer additional entitlements for Subscribers including anything set out in this addendum, and includes but is not limited to, (a) Additional (or bonus) entitlements and access periods; (b) Upgrades for subscriptions in a specified period of time; or (c) Additional incentives, including discounts, bonuses, promotions (together, ‘Special Offers’). (d) discounted rates for annual subscription.
11. Special Offers are at all time subject to the specific Platform Terms for each Special Offer determined at Luxe Golf’s sole discretion, including the imposition of certain conditions, which may include but are not limited to making purchases within a certain period or for a certain price, or adhering to certain other requirements as determined by Luxe Golf. These terms operate in addition to the rights and obligations set out in these Platform Terms.
12. Some special Offers may be only available to new Subscribers who have not previously opened an account with Luxe Golf, or purchased Subscription from Luxe Golf.
Addendum B
Trade Promotion Lotteries
1. General
1.1 In this Addendum B:
‘Bonus Loyalty Entry’ means an Entry in the relevant Trade Promotion Lottery after the first month of Subscription, for Subscribers who maintain their Subscription, with the number of Bonus Loyalty Entries corresponding to the relevant Subscription Tier.
‘Entrants’ mean eligible Entry holders in a Trade Promotion Lottery who satisfies the criteria set out in these provisions, whereby each Entrant warrants that it is an eligible party in accordance with the foregoing clauses.
‘Entries’ or ‘Entry’ means Entry into the Trade Promotion Lotteries.
‘Luxe Golf ClubTeam’ means a group of four (4) associated Subscribers as further described in clause 3 of this Addendum B.
‘Luxe Golf Club Team Benefits’ means the benefits described in clause 3 of Addendum A.
‘Trade Promotion Lottery’ is a lottery carried out by Luxe Golf from time to time in promotion of the Subscription Service under which there is no Entry fee and prize winners are determined by chance through a draw.
‘Trade Promotion Regulations’ means the relevant State or Territory permit regulations and authority direction for Trade Promotion Lotteries, including without limitation the Community Gaming Act 2018 (NSW) and Community Gaming Regulation 2020 (NSW).
1.2 By subscribing, each Subscriber will also be granted entries into Trade Promotion Lotteries carried out by Luxe Golf from time to time, with each Subscription Tier determining the number of entries that a Subscriber will receive (‘Trade Promotion Lottery’).
1.3 Eligibility to participate in a Trade Promotion Lottery for residents in New South Wales, Australian Capital Territory and South Australia (Permitting States) are strictly subject to the permit/licence/authority number for those Permitting States being published on the LGC Website from time to time, for each Trade Promotion Lottery conducted by Luxe Golf from time to time, such that in the event that a permit/licence/authority number is not published on the LGC Website, a resident from the Permitting State that a permit/licence/authority number is not published on the LGC Website, shall not be eligible to enter or participate in that Trade Promotion Lottery, notwithstanding of any term and condition otherwise, and such Subscriber agrees to release Luxe Golf from all claim and liability associated with the ineligibility.
1.4 You acknowledge that each Trade Promotion Lottery has their own additional Platform Terms. To be eligible for each Trade Promotion Lottery you must read and accept the Platform Terms associated with each Trade Promotion Lottery or promotion. To the extent that any term in the specific Platform Terms of a Trade Promotion Lottery conflicts with these Platform Terms, the specific Platform Terms will prevail. Except to the extent described in clause 1.2, the following shall apply to all Trade Promotion Lotteries carried out by Luxe Golf. In the event of inconsistency with the specific Trade Promotion Lottery Platform Terms carried out by Luxe Golf, those specific Platform Terms shall prevail over this clause these terms to the extent of such inconsistency.
1.5 By registering, subscribing and creating an account with the Subscription Service, you declare and warrant that you will participate in any Trade Promotion Lotteries in accordance with these Platform Terms, and any other Platform Terms in connection with each Trade Promotion Lottery;
1.6 The purpose of the Trade Promotion Lotteries is to promote the Luxe Golf Club business, including the Subscription Service. The Trade Promotion Lotteries are free to enter based on the relevant Subscription Tier.
1.7 You can use the LGC Platform to view details regarding the Luxe Golf Club Trade Promotion Lotteries conducted by Luxe Golf from time to time.
1.8 Entries to the Trade Promotion Lottery are available for Subscribers only and they cannot be purchased separately.
1.9 Entry into each Trade Promotion Lottery is free of charge, but subject to the purchase of a Subscription, with the number of Entries based on the relevant Subscription Tier that is purchased.
1.10 The following provision is at all times subject to the relevant Trade Promotion Regulations. If anything in these provisions is unenforceable, illegal or void, or otherwise contravenes any Trade Promotion Regulations or causes the lottery to not be defined as a ‘trade promotion’ under any Trade Promotion Regulations in each relevant state, then it is severed, and the rest of the provisions remain in force. The rights and obligations of each party are not affected by any law that, but for this clause, would affect those rights and obligations.
1.11 If despite the operation of the foregoing provision, the contest/s are considered in law (including the Trade Promotion Regulations) to be not ‘trade promotions’ and cannot be operated without a valid permit, the contest shall be cancelled and made void in the relevant State or Territory, and each Entrant, or prospective Entrant agrees to release Luxe Golf and its Related Parties from all claims, liability, loss, cost or damage in connection with the cancellation or voiding of the contest.
1.12 Each Trade Promotion Lottery is subject to Luxe Golf obtaining all permits and approvals required in law. If for whatever reason Luxe Golf Club does not have, or is unable to obtain necessary permits and approvals for the relevant territory you are located in, or the Trade Promotion Lottery is cancelled or does not otherwise proceed, the Entrants agree to accept the cancellation, and fully and finally releases Luxe Golf and its Related Parties from all claim, liability, loss, cost or damage associated with cancellation.
1.13 Nothing in these Platform Terms restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
1.14 There is no Entry fee to enter into the Trade Promotion Lottery, however to be an Entrant you must be a current Subscriber who:
(a) is at least 18 years of age;
(b) has been issued valid Entries from Luxe Golf from time to time, for each relevant Trade Promotion Lottery separately;
(c) is not in breach of these Platform Terms; and
(d) is otherwise an eligible Entrant under these Platform Terms.
1.15 The number of Entries are not limited for each Entrant, subject to Trade Promotion Lottery Ticket availability.
1.16 In the event that a Trade Promotion Lottery cannot proceed or be determined due to reasons beyond Luxe Golf’s control, or due to manipulation, tampering or corruption of the administration security, the fairness or integrity or proper conduct of Trade Promotion Lottery, or technical, communications or other issues, you: (a) agree and acknowledge that Luxe Golf may in its absolute discretion cancel, suspend, modify or terminate the Trade Promotion Lottery; and (b) agree to accept the cancellation, suspension, modification or termination and fully and finally release Luxe Golf and its Related Parties from all claim, liability, loss, cost or damage associated with cancellation.
1.17 An Entrant must comply with these Platform Terms, and not manipulate, tamper, cause someone to tamper or manipulate, benefit from tampering or manipulation, or do anything which affects the fairness or integrity or proper conduct of the Trade Promotion Lottery.
1.18 Luxe Golf reserves the right in its absolute discretion to terminate any Entries, declare them invalid and disqualify (and/or prohibit) any Entrant from participating in the Trade Promotion Lottery, or any future Trade Promotion Lottery if the Entrant:
(a) Engages in any conduct described in paragraph 1.17;
(b) Breaches or threatens to breach these Platform Terms;
(c) Engages in conduct which threatens or harms the reputation and goodwill of Luxe Golf;
(d) Engages in conduct which is fraudulent, misleading or deceptive;
(e) Engages in conduct which threatens, abuses, annoys, bullies Luxe Golf, its associated partners or other Subscribers, or threatens or attempt to do any of those things; and
(f) Engages in conduct which causes any interference to the operation of the Trade Promotion Lottery or Subscription Service.
1.19 Insofar as it may apply, Luxe Golf’s decisions in connection with the Trade Promotion Lottery are final without any rights for dispute or review.
1.20 Eligibility in a Trade Promotion Lottery is subject to your acceptance of these Platform Terms, and participation constitutes acceptance thereof.
1.21 Prizes cannot be transferred or redeemed for cash unless otherwise provided in the current Platform Terms of each Trade Promotion lottery.
1.22 Entrants and winners acknowledge that there may be tax implications which could arise from winning and receiving the prize, and they are advised to seek independent financial advice prior to the acceptance of the prize. All tax implications are borne by the prize winner, and the prize winner must release Luxe Golf Related Parties from any taxation implications associated with the prize, or the prize winner’s winning or receipt thereof.
1.23 The Entrant acknowledges and accepts any and all risks associated with entering and participating in the Trade Promotion Lottery, and/or winning or claiming a prize. By participating, the Entrant does so at its own risk, liability, cost and expense and may be required by Luxe Golf, at its absolute discretion, to provide further assurances by executing an acknowledgement, waiver, release and/or limitation of liability with regard to these risks.
1.24 Entrants are responsible for any and all expenses that they incur in entering or winning the Trade Promotion.
1.25 The prize winner shall be notified by written notice to their Luxe Golf account, by phone message and/or email within seven (7) days of the draw for each Trade Promotion Lottery. Luxe Golf may use any contact details provided by you in the course of your communication with Luxe Golf to contact you, including but not limited to information from your subscription forms or any purchase orders made with Luxe Golf. If permitted by Trade Promotion Regulations, Luxe Golf may at its absolute discretion, notify the prize winner verbally by telephone.
1.26 Luxe Golf will endeavour to notify the Winner in writing on the LGC Website or other online platform within two (2) days following each Trade Promotion Lottery] . At its absolute discretion or as otherwise required in law, Luxe Golf may announce the winning Entry in the newspaper or other publication. By entering into a Trade Promotion Lottery, you agree and acknowledge that Luxe Golf shall not be liable for any claim, liability, loss, cost, expense or damage whatsoever, howsoever incurred (directly, indirectly or consequentially) in connection with Entry into the Trade Promotion Lottery or the prize, including but not limited to, as a result of the following:
(a) Tampering or manipulation of the Trade Promotion Lottery by a third party, including by other Entrants;
(b) Damage to the prize in transit or delivery;
(c) Inability or failure to locate or contact the winner of the prize and Trade Promotion Lottery (subject to reasonable efforts to do so);
(d) Delays in delivery;
(e) The inability of the prize winner to accept or take delivery of the prize;
(f) Anything in connection or arising from the prize winner’s acceptance of the prize, and entrance or participation in the Trade Promotion Lottery, to the fullest extent permitted by the Trade Promotion Regulations;
(g) The use or enjoyment of the prize;
(h) The suitability and quality of the prize,
including the release of any liability for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind in connection with the Trade Promotion Lottery and prizes.
1.27 Luxe Golf and Related Parties shall not be held responsible for, and each Entrant shall release Luxe Golf and its Related Parties from, any and all claims and liabilities (including in relation toLuxe Golf’s compliance with these Platform Terms) in connection with any technological/technical, connection or network issues, failures or malfunctions, including but not limited to issues with computer devices and hardware, servers, communication networks, software, internet and online connections and providers, online traffic, electronic platforms and systems of every kind, e-mail systems or mail delivery, telephone network and connections, or incomplete, omitted, deleted, altered, interrupted, corrupt, delayed, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.
1.28 The winners in each Trade Promotion Lottery will be drawn in one of the following ways:
(a) By automated electronic raffle or ball system for minor draws; and
(b) Physical raffle draw for all other draws (including major draws).
1.29 The prize will be paid or transferred to the winner within 28 days after the draw. If permitted under the Trade Promotion Regulations, the date by which the Prize is transferred shall be extended by up to another twenty-eight (28) days if the transfer is prevented, inhibited or delayed by any matter outside Luxe Golf’s reasonable control (for example, if the event the subject of the prize is delayed).
1.30 The prize can be substituted for a prize of the same or greater value than the original prize where the winner either agrees in writing, or the original prize is unavailable due to circumstances beyond the control of Luxe Golf and where reasonable attempts to reach agreement with the winner have been unsuccessful.
1.31 In conducting a Trade Promotion Lottery, Luxe Golf may draw an additional Entrant's name in a second draw to substitute a winner of a prize if:
(a) a winner of a prize is not readily identified;
(b) reasonable efforts have made to identify the winner of the prize and were unsuccessful; and
(c) an additional Entrant's name is drawn.
1.32 Subject to the Trade Promotion Regulations, Entrants must present a valid Entry to be eligible to be a prize winner and claim a prize. If an Entrant fails to present the winning Entry to Luxe Golf, verify its identity to the satisfaction of Luxe Golf and claim the prize within seven (7) days of a draw (or such other reasonable time determined by Luxe Golf, having regard to the nature of the prize), such winning Entry shall be cancelled and forfeited, and Luxe Golf will be entitled to conduct a redraw. Luxe Golf shall not be responsible for late, lost, misdirected, ineligible or illegible Entries (including lost, stolen, forged, defaced or damaged proof of Entry).
1.33 Luxe Golf reserves the right to require and conduct security and/or identity verification checks in its absolute discretion to determine the identity and Entrant’s eligibility to enter the Trade Promotion Lottery.
1.34 Each Entrant must keep their contact details up to date and it is the Entrant’s responsibility to ensure that Luxe Golf is notified of any change in contact details at any time in connection with a Trade Promotion Lottery. You agree to release Luxe Golf and its Related Parties from any liability, loss cost or damage, including but not limited to non-communication of a winning Entry, in connection with your failure to update Luxe Golf of your contact details.
1.35 It is your responsibility to check and ensure maintenance of your nominated method of contact and account, and Luxe Golf must not be held responsible for your failure thereof, including but not limited to any missed communications which may be directed to your junk email box or spam or blocked lists, or resulting from accidental deletion.
1.36 Each Subscription Tier includes an entitlement for a predetermined number of Entries into each Trade Promotion Lottery arranged by Luxe Golf from time to time in addition to any entitlements they may receive from any applicable Special Promotions, including pre-existing, new, current and future entitlements available to a Subscriber which apply to this Trade Promotion Lottery and in relation to the Promotion Period.
1.37 You are entitled to Entries in accordance with terms set out in Addendum B, however an Entry into a Trade Promotion Lottery is only valid if you receive written confirmation from Luxe Golf of your Entries (and the number thereof) for each Trade Promotion Lottery and promotion. It is your responsibility to ensure that you receive the correct number of Entries, and by subscribing, you agree that Luxe Golf must not be held liable for your failure to ensure that you receive your entitled Entries. Your failure to ensure the correct number of Entries shall deem all entitlements to the missing Entries forfeited at the time of draw for the relevant Trade Promotion Lottery.
1.38 Your entitlement shall accumulate in accordance with your subscribed Subscription Tier. Entitlement to Trade Promotion Lottery Entries for Subscribers shall accumulate and increase in accordance with the terms set out in Addendum B for each Subscription Tier. Upon the termination of any Subscription subscription, the Subscriber acknowledges and agrees that the mechanism for increased and accumulated entitlements for Entries into any Trade Promotion Lotteries shall be forfeited, and the re-subscription to a Subscription tier shall be treated as a new Subscription containing the entitlements of a new Subscriber (however will not considered a new Subscriber for the purposes of Special Promotions, unless expressly stated otherwise).
1.39 The winner for each draw will be published publicly online and/or other publicly distributed publication/s. By entering a Trade Promotion Lottery and holding an Entry, you agree and authorise Luxe Golf to disclose and publish your name, suburb and identify you as the winner of the relevant prize in on these mediums if you become a winner of such prize.
1.40 You agree that Luxe Golf may restrict, limit, suspend, terminate your participation in a Trade Promotion Lottery, or your access and use of the LGC Platform and the Subscription Service and the content or feature therein, if you engage, cause engagement or threaten to engage in unlawful activities or misconduct or conduct which threatens the fair, intended and proper operation of the Trade Promotion Lottery, and Luxe Golf must be held harmless for any liability, loss, cost or damage occasioned as a result thereof.
1.41 You acknowledge and agree that from time to time access to the LGC Platform may be denied for any one or all of the following reasons:
(a) maintenance and/or repairs;
(b) upgrades and enhancements;
(c) Luxe Golf server down time or failure;
(d) Luxe Golf systems down time or failure; or
(e) software utilised by Luxe Golf is corrupt or has failed,
and you accept the interruption, and to the fullest extent permitted in law, release Luxe Golf and its Related Parties from any loss, cost or damage that you may suffer as result of such interruption, including but not limited to your interrupted access and participation in a Trade Promotion Lottery.
1.42 By being a Subscriber you agree as follows:
(a) That your Fee is in consideration for opportunity of accessing the Deals in the Subscription Service and for discount merchandise (if relevant) only;
(b) The availability of a Trade Promotion Lottery is conducted by Luxe Golf from time to time at Luxe Golf’s absolute and sole discretion, and for the promotion of the Subscription Service only; and
(c) By participating in a Trade Promotion Lottery you agree that you do so at your sole risk.
1.43 By participating in this Trade Promotion Lottery, you agree and accept that other participants may be entitled to additional and special entitlements to Entries as a result of Special Promotions occurring in the past, present or future but which apply to this Trade Promotion Lottery. You accept and acknowledge that these special entitlements may affect your chances in the Trade Promotion Lottery including but not limited to the dilution of the number of Entries you may hold in the proportion to the total Entries.
2. Entry Entitlements
2.1 A Subscriber has the following entitlements in a Trade Promotion:
| Subscription Tier | Number of Free Standard Entries | Bonus Loyalty Entries # |
| Silver | 30 Entries into the then current Trade Promotion Lottery | +5 additional Entries into the then current Trade Promotion Lottery for each full month that a Subscriber holds a continuous Subscription without break - Bonus Loyalty Entries accumulate |
| Gold | 80 Entries into the then current Trade Promotion Lottery | +20 additional Entries into the then current Trade Promotion Lottery for each full month that a Subscriber holds a continuous Subscription without break - Bonus Loyalty Entries accumulate |
| Platinum | 100 Entries into the then current Trade Promotion Lottery | +50 additional Entries into the then current Trade Promotion Lottery for each full month that a Subscriber holds a continuous Subscription without break - Bonus Loyalty Entries accumulate |
| The entitlement to Bonus Entries accumulates each month at the commencement of each billing cycle starting after the first month of subscription, subject to the re-issue of Entries for each Trade Promotion Lottery in accordance with the Subscriber’s accumulated entitlement. Entries are not valid for draws already conducted in a Trade Promotion Lottery at the time of your subscription and/or purchase of Subscription. A full month is a full billing cycle. | ||
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How it works (Free Entries) Example – Platinum Subscribers: If you subscribe on 22 January 2023 and you are a continuous Subscriber for one month, on 22 February you will have 150 Entries for the first Trade Promotion Lottery. |
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2.2. At the cancellation, end or termination of a Subscription, all entitlements to Standard Entries and accrued Loyalty Entries in any Trade Promotion Lotteries shall reset and forfeited absolutely and in perpetuity.
2.3. If a Subscription is terminated or ended for any reason entries are deleted the day of cancellation and you are removed from future Trade Promotion Lotteries. All entitlements to Standard Entries and accrued Loyalty Entries in any Trade Promotion Lotteries shall reset and forfeited absolutely and in perpetuity.
2.4. If you wish to change your Subscription by upgrading, a new subscription fee and monthly billing cycle takes effect on the day you upgrade.
2.5. Subscription upgrades will take effect the day the upgrade occurs, and resets the monthly billing cycle date from this date forward. The day the upgrade occurs existing entries carry over into the new subscription tier, and entitled bonus entries are awarded.
2.6 Downgrading subscription is not available on the LGC platform. Subscribers must cancel their account all entitlements accrued Entries in any Trade Promotion Lotteries shall be deleted and forfeited absolutely and in perpetuity.
2.7. If a 14 day free trial is available Subscribers are required to enter their credit card details on sign up, and are charged their applicable monthly fee 14 days after joining. This date becomes their monthly billing cycle date unless they upgrade or cancel. If they cancel prior to the 14 day they will not be charged.
2.8. From time to time, Luxe Golf may:
a) hold more than one Trade Promotion Lottery in a month;
b) not hold Trade Promotion Lottery, or cancel a Trade Promotion Lottery in any given month; or
c) hold a Trade Promotion Lottery that runs across more than one month,
the event of which does not affect the accruing of Loyalty Entries at the commencement of the billing cycle.
3. Luxe Golf Club Teams
3.1 Luxe Golf offers additional Entries into Trade Promotion Lotteries for Luxe Golf Club Teams. You are not obliged to form a Luxe Golf Club Teams, but this option is available.
3.2 A Luxe Golf Club Team is made up of you (Team Captain) and three (3) associated team members. Creating a Luxe Golf ClubTeam increases your chances of winning a prize because if anyone in your Luxe Golf ClubTeam wins, all members of the team share in the prize.
3.3 A Luxe Golf Club Team is formed as follows:
(a) An active Subscriber as Team Captain invites three (3) associates (who are not current Subscribers) (Team Invitees) to join a Luxe Golf Club Team by emailing them a link to join their team into the LGC Platform;
(b) Team Invitees receive an email link from Luxe Golf to join your Luxe Golf Club Team;
(c) If a Team Invitee wishes to join your Luxe Golf Club Team, click on the link and register a new Account and pay a one off fee of $50.00, which gives them access to Luxe Golf Club Team Benefits (for one month), and 30 Entries into the next Trade Promotion Lottery;
(d) Once a Luxe Golf Club Team of four has been fully formed and all subscription fees paid, the team is automatically entered with their total team Entries into the next Trade Promotion Lottery;
(e) As the Team Captain, you will also receive a bonus 40 Entries into the next Trade Promotion Lottery. These Entries also form part of the Luxe Golf Club Team Entries; and
(f) If anyone on your Luxe Golf Club Team wins, all members of the team share in the prize.
3.4 The following conditions apply to Luxe Golf Club Teams:
(a) Limit of 4 people in each Luxe Golf Club Team;
(b) Luxe Golf Club Team is only validly formed when all 4 members are registered and have paid their subscription fees prior to the draw of the next Trade Promotion Lottery, as determined by Luxe Golf in its absolute discretion;
(c) All Luxe Golf Club Team members must be over 18 years old of age;
(d) The Luxe Golf Club Team is formed for a single Trade Promotion Lottery only, and must be renewed if you wish to enter additional Trade Promotion Lotteries;
(e) Luxe Golf Club Team members can only be in one team
(f) Only applicable in designated Luxe Golf Club Team draws (as advertised) and not applicable to monthly draws;
(g) A person must be an active paid Subscriber and linked to the winning Luxe Golf Club Team (as determined by Luxe Golf records) to be eligible for a prize;
(h) Luxe Golf reserves the right to modify or terminate this promotion at any time, without prior notice.
(i) Luxe Golf decision in all matters relating to this promotion is final; and
(j) Prizes cannot be transferred to another person, Luxe Golf Club Team or Subscriber.
4. Luxe Golf Discretion
These entitlements are subject to change at any time, at Luxe Golf’s absolute discretion and which shall be binding on you if you choose to re-subscribe for or renew a Subscription, or subscribe for a new Subscription.