|Terms and Conditions
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General Terms and Conditions of Use
When using any services provided on the On Course website, you effectively agree to the terms and conditions listed on this web page (Terms and Conditions of Use). On Course may, at any time choose to amend, update or change this Website including the Terms and Conditions of Use without prior notice.
On Course is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Copyright SITE COPYRIGHT
The copyright on all original/custom artwork, maps, navigation elements, presentation methods and design elements included in our web sites is held exclusively by On Course. Copyright on all descriptive text is held by On Course. Copyright on selected photographic images is also held by On Course.
Photographic images are reproduced with the permission of On Course and the product and/or service providers represented on the web site, or as shown where necessary to satisfy the copyright obligations associated with their electronic reproduction.
Where joint copyright is held over proprietary text or images, On Course reserves the right to pursue all copyright infringements on behalf of the primary copyright holder. Where the copyright for a photographic image is held exclusively by a third party under licence, On Course reserves the right to vigorously protect the copyright of those images on behalf of the third party.
All files used in On Course web site are declared to be proprietary software product developed for use by On Course only, and as such are subject to international intellectual property conventions.
All custom graphics used are declared to be works of art created for use by On Course only, and as such are subject to international intellectual property conventions. Image files, HTML documents, and text files are not to be relocated to another server, or duplicated for commercial purposes without the express written permission of On Course.
Please contact us if you have any further queries about our security, privacy or data handling procedures.
Links and other business relationships
Other than as required by law, On Course makes no representations or warranties whatsoever about any other website which may be accessed through this Website. Links are provided as a courtesy to our customers only and in no way should be interpreted as an endorsement. On Course makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of information accessible via this Website or any website with which it is linked. Further, On Course is not responsible for any information or opinions published on any website linked to or from this Website.
In no event will On Course be liable to any party for any direct, indirect, special or other consequential damages from any use of this Website, or on any other linked website, including but without limitation to any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
This Website and its contents must not be distributed, posted, transmitted, modified, reused or otherwise reproduced in whole or part without our express prior written consent. Product information, and some product specifications, tables and/or descriptive phrases were contributed by respective manufacturers and are used with permission. Product photos are, in some cases, provided courtesy of the manufacturer and used with their permission.
Invitation to Treat
Nothing in this Website, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with On Course in relation to the provision of any goods and/or services. This Website and the goods and services displayed on it are an invitation to treat only.
Publishing information about a product on this Website does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice. On Course does not guarantee to keep this Website updated. On Course is not liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.
Specific Warnings and Disclaimer
Manufacturers have reserved the right to alter product specifications without notice. Publishing information about a product does not constitute an endorsement by On Course. With respect to this Website and any website with which it is linked, and to the extent permitted by law, On Course disclaims all warranties, express or implied, including but without limitation to any implied warranties of merchantability and fitness for a particular purpose.
To the extent permitted by law, On Course's liability in relation to any product or service purchased as a consequence of your use of the Website is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to On Course for that product or service.
Payment is considered to be received once the amount paid by you is received by On Course in immediately available funds. Until payment is received, On Course reserves the right to cancel any order or delivery.
Prices in Australian dollars
Unless otherwise specified, all prices listed on this Website are in Australian Dollars and do not include any freight charges or Taxes other than the GST. You are required to pay all freight charges and Taxes applicable. On Course may increase its prices to include any freight charges and Taxes. Taxes means any direct or indirect tax, levy, charge, impost, duty, fee or withholding which is assessed, levied, imposed or collected by any governmental agency or other authority and imposed on any transaction including the sale, purchase, hire, importation, transport or delivery of any goods and services and includes any goods and services tax and customs duty but does not include a tax imposed on On Course net income.
On Course will provide a refund for any product purchased online that is faulty or defective and you were not aware of it, was misrepresented and does not do the job you were led to believe it would do, or is not as described on the box or on our website. All faulty products are to be returned to the issuing store for a full refund, which includes return freight charges.
Any non-faulty products can be returned to the issuing store for a complete refund within a 30 day period, as long as the product is in perfect condition with all of the accessories and original packaging intact and has not been used or interfered with. However a return in freight charges will not be issued here.
All products, unless noted otherwise, are sold with a full manufacturer’s warranty. The warranty period and service varies between manufacturers.
Oncourse also offers its consumers a refund if delivery of the product takes more than 30 days. Refunds will only be given for stock delivered if the product is still in perfect condition with all of the accessories and original packaging intact and has not been used or interfered with.
On Course will NOT give you a refund if:
- you can't prove that you bought the product (e.g. you don't have a receipt)
- you simply change your mind
- you have damaged the product or
- you knew or should have known about a product fault when you bought the product (e.g. factory seconds)
On Course aims to have all orders dispatched within 2 business days of the initial order. However delivery can take up to a week for some capital cities and up to two weeks for some country areas.
Please note that the delivery times are only estimates. On Course does not guarantee delivery times as delays may be experienced.
Risk and damage
On Course accepts no responsibility for any loss or damage to goods occurring in transit.
On Course will only beat the price on authentic quotes from other known or industry listed retail outlets. The consumer is responsible for providing all relevant proof of the quote and a contact phone number for the retailer who gave the quote must be provided. If proof of the quote is not given by the consumer and a contact number is not supplied On Course has no obligation to lower a product’s price.
On Course Customer Price Guarantee only applies on current model golf equipment. All used stock, limited stock and discontinued lines can be priced at the discretion of On Course.
The On Course Customer Price Guarantee may not apply where goods are sourced using the internet. The prices of some products sold over the internet are not comparable to in-store prices as they exclude many service and logistical elements. We do not guarantee to beat the price on quotes for internet sales of golf equipment.
Gift Vouchers Terms and Conditions
Redeemable at any On Course National Golf Shop Franchise. Vouchers cannot be exchanged for cash or part thereof. Valid for retail purchases only (not valid on Green fees). No responsibility will be accepted by on Course for lost or stolen vouchers. Vouchers are valid for 12 months from the date of purchase.
To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws, which apply to you or apply in your location.
On Course assumes no liability for the use of any information posted here or for the use of any product or service described or contained, on this Website. In no event will On Course or its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including but without limitation to any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, any loss of use, loss of data, loss of income or profit, loss of or damage to property, any claims of third parties or other losses of any kind or character, even if On Course has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any Website with which it is linked.
If any part of these Terms and Conditions of Use is or becomes illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of the Terms and Conditions of Use will not be affected and these Terms and Conditions of Use will be read as if the part had been deleted in that jurisdiction only.
On Course is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else (such as "worms" or "Trojan horses") that may interfere with or damage the operations of your computer systems.
You agree to fully indemnify and hold On Course harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these Terms and Conditions of Use.
On Course failure to exercise or enforce any one or more of its rights under these Terms and Conditions of Use will not constitute a waiver (relinquishment) of such rights unless such a waiver is granted by On Course in writing.
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State. If any of the provisions of these Terms and Conditions of Use are, or the application of one or more of those provisions to any person or circumstance is, or becomes illegal, invalid or unenforceable in any jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and (b) if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect. All legal content on this Website relates only to the laws of Victoria, unless specifically stated otherwise. The laws of Victoria may be different from your laws.
The parties agree that these Terms and Conditions of Use have been prepared in English and to the extent that any translation of these Terms and Conditions of Use is necessary, such interpretation must be consistent with the English meaning of these Terms and Conditions of Use.
In these Terms and Conditions of Use a reference to On Course is a reference to Pro Golf Centres of Australia PTY LTD ABN 94429386140 and any of its subsidiaries on occasion.