Terms and Conditions

(Last Updated: 10.03.2014)

1. What We Do

Get Real Golf Stats is an interactive online platform for recording and analysing a user’s golf game, delivered to users through both website and mobile applications (“Platform”). The Platform also allows users to share and compare data and statistics with other selected users.

2. Acceptance of Terms

(a) The Platform, getrealgolfstats.com (“Website”) and GRGS Mobile App (“Mobile App”) (collectively referred to as “GRGS”) are owned and operated by Get Real Stats Pty Ltd ACN 158 641 635 (“Owner”), a company duly incorporated in Australia.

(b) By accessing, registering or using the Platform, Website or Mobile App you:

(i) acknowledge that you are over thirteen (13) years of age; and

(ii) agree to be bound by these Terms and Conditions and Privacy Policy. If you do not agree to the Terms and Conditions please exit GRSG and do not proceed to access GRGS in any way.

(c) The Owner reserves the right to modify, permanently or temporarily disable or discontinue any part of GRGS and to alter, amend or withdraw any part of the Privacy Policy, these Terms and Conditions or any information or material appearing on GRGS at any time, without liability or further notice to you. Your continued use of GRGS will constitute an automatic acceptance of any alteration, withdrawal or amendment of same.

3. Registered Members

(a) In order to access the Platform, you must become a registered member by registering through either:

(i) Website; or

(ii) Mobile App

and comply with the registration requirements as prompted/indicated, which may be subject to change at the Owner’s discretion from time to time (“Registered Member”).

(b) There are several levels of subscription in relation to the GRGS which Registered Members can subscribe to as outlined below in clause 4.

(c) If during the registration process you indicate that your player status is that of a “Professional”, your Registered Member profile will automatically be displayed in a list of “Professionals who can be followed” which other registered users can connect with and follow your rounds and statistics. You may elect to opt-out of this feature through your Registered Member account settings.

(d) You may not transfer your Registered Member account without the Owner’s written permission.

(e) If you register as a member on behalf of a company, you represent and warrant that you are authorised to bind that company to these Terms and Conditions.

(f) If the Owner, in its absolute discretion, determines that you have breached these Terms and Conditions, the Owner may immediately and without further notice, suspend your access and use of GRGS and may delete any data associated with your member account. If the Owner terminates your member account, you must not create another member account without the Owner’s written permission.

4. Subscriptions

4.1 Subscription Levels

Registered members may choose to subscribe to different subscription levels offered by the Owner, which provide varying levels of access to GRGS, including:

(a) White Level – features of this subscription include:

(i) Access to the Platform which is free of charge to Registered Members;

(ii) Standard access to GRGS features, including 70+ statistics per compilation, scorecard and stats for every round and connect and compare with other Registered Members in the Clubhouse;

(iii) Limited number of golf round data submissions (“Round Submissions”) per month (2);

(iv) Option to purchase additional Round Submissions as required;

(v) Perpetual membership (subject to compliance with these Terms and Conditions);

(vi) Subscribe via Website or Mobile App.

For full details of up to date features for this subscription, please visit our Website.

(b) Gold Level – feature of this subscription include:

(i) Access to the Platform by paid subscription, payment in AUD, accepted by Visa or MasterCard – please see our Price List for our current rates;

(ii) Registered Members can elect frequency of invoicing (monthly or annual billing cycle);

(iii) Discounted annual subscription option – please see our Price List for the current discounts;

(iv) Increased access to GRGS features, including 150+ statistics per compilation (including additional club and distance stats);

(v) Limited Round Submission per month (5);

(vi) Option to purchase additional Round Submissions as required;

(vii) Subscribe via Website or Mobile App.

For full details of up to date features for this subscription, please visit our Website.

(c) Platinum Level:

(i) Access to the Platform by paid subscription, payment in AUD, accepted by Visa or MasterCard – please see our Price List for our current rates;

(ii) Registered Members can elect frequency of invoicing (monthly or annual billing cycle);

(iii) Discounted annual subscription option – please see our Price List for the current discounts;

(iv) Full access to all GRGS features, including advanced round entry and filtering and 250+ statistics per compilation;

(v) Unlimited Round Submission per month;

(vi) Subscribe via Website or Mobile App.

For full details of up to date features for this subscription, please visit our Website.

4.2 Change of Subscription Level

(a) Registered members may change their subscription level at any time by purchasing a new subscription level.

(b) Any unused portion of a free trial period or an existing paid subscription will be forfeited upon the purchase of a new subscription level.

(c) All expired or cancelled Gold and Platinum Level subscriptions will automatically revert to White Level upon cancellation of subscription.

4.3 Term

(a) Term of subscription for Gold and Platinum Levels (“Paid Subscriptions”) will automatically renew for the same period as subscribed (ie monthly or annually) unless otherwise cancelled by Registered Member in accordance with clause 4.5 (“Subscription Period”).

(b) Term of subscription for White Level is perpetual (subject to compliance with these Terms and Conditions).

4.4 Payment

(a) Payment of initial subscription fee is required prior to accessing subscription level features.

(b) Your Registered Member account (if Website subscription) or Apple iTunes account (if Mobile App subscription) will be charged for renewal (being for same Subscription period and subscription level) within 24 hours prior to the end of the current Subscription Period, unless otherwise cancelled in accordance with clause 4.5.

(c) All paid subscriptions are non-refundable.

(d) All prices are in Australian Dollars (AUS), unless otherwise indicated, and are inclusive of GST. Prices are subject to change, and the Owner will endeavour to provide notification of any price change once made.

4.5 Cancellation

(a) To validly cancel your Paid Subscription, you must advise the Owner at least 24 hours prior to the end of the current Subscription Period by:

(i) Website subscriptions: accessing your ‘My Membership’ page by clicking on your membership level badge on your ‘My Dashboard’ page, and cancelling your current subscription.

(ii) Mobile App subscriptions: accessing your Apple ID settings in the App Store on your mobile device and turning off the auto-renewal function.

(b) Cancellation of a Paid Subscription will take effect at the end of a current Subscription Period and at that point the Registered Member will no longer have access to the Platform.

5. Provision of GRGS

5.1 Access

The Owner, in accordance with these Terms and Conditions, shall provide access to GRGS to the Registered Member in accordance with their subscription level.

5.2 Registered Account Information

(a) The Registered Member is responsible for maintaining the confidentiality of the Registered Member’s password and information.

(b) The Registered Member can review and edit information as required in the registered account.

(c) The Registered Member is responsible for all activities occurring under their registered account. If the Registered Member believes the information and privacy of their account is not secure, the Registered Member can either change the password or notify us by email.

5.3 Directions

Throughout the Term the Registered Member must comply with all reasonable and lawful directions that the Owner may issue in its discretion from time to time with respect to the use of and access to GRGS.

6. Your Warranties and Obligations

6.1 You agree to:

(a) comply with these Terms and Conditions, along with all applicable laws and regulations;

(b) comply with the Owner’s Privacy Policy and any other policy the Owner publishes on GRGS from time to time;

(c) use GRGS in good faith and for lawful purposes.

6.2 You must not:

(a) disclose your username or password to access your Registered Member account to any other person;

(b) post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any publicity, privacy or other rights of others;

(c) upload or post any content in violation of any third party intellectual property rights;

(d) post commercial advertisements or promotional material without the Owner’s consent;

(e) cause annoyance, inconvenience or needless anxiety to others;

(f) collect information from GRGS (including information about other users);

(g) disrupt, modify, reverse engineer, interfere, upload, re-transmit or copy the layout of the Website, Platform, Mobile App or any associated computer software or code contained in GRGS and/or servers in any way;

(h) impede or interfere with others’ use of GRGS and further, alter or tamper with any information or materials on or associated with GRGS;

(i) use any data mining robots or other extraction tools;

(j) metatag or mirror the Website without the Owner’s prior written permission;

(k) directly access or manipulate the application programming interface (API) in any way;

(l) attempt to gain access to GRGS’s servers by any means, other than by http requests using a web browser.

7. Use of Material on GRGS

(a) You must not reproduce, distribute, re-transmit, upload, repost, or “frame” any of the information or material on the Website for any purpose.

(b) The Owner remains the owner of all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on GRGS may not be:

(i) re-sold and/or re-distributed in any material form;

(ii) stored in any storage media; and/or

(iii) re-transmitted in any media,

without the prior written consent of the Owner.

8. Intellectual Property

(a) Through the usage of GRGS, Registered Members will provide data relating to their golf game (“Member Data”).

(b) By uploading or posting Member Data to GRGS, you grant the Owner a perpetual, non-exclusive, royalty free, worldwide licence to all intellectual property in that content, including the rights to sub-licence, adapt, modify, distribute, copy, reproduce, transmit, commercialise, publicly display, publicly perform, publish or edit such Member Data, in the Owner’s ordinary course of business.

(c) The Registered Member warrants and represents that all Member Data uploaded is accurate and current.

(d) Subject to these Terms and Conditions, upon registering as a member, the Owner grants you a limited, non-exclusive, non-transferable licence to use GRGS for personal, non-commercial purposes.

9. Third Party Sites

(a) The Website may contain links to third party websites, owned and operated by third parties and outside the Owner’s control. The Owner takes no responsibility for the information/material contained or privacy compliance by any linked websites, and does not endorse any aspect of these third party services. Such links are provided for convenience only. You use these third party services at your own risk.

(b) If you choose to purchase goods or services from a third party, including one accessed from the Website, you are entering a separate agreement with that third party, and expressly agree that the Owner is not a party to any such transaction.

(c) You may link the Website without the Owner’s consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of the Website's contents including any intellectual property notices and you must not frame or reformat any of the Owner’s pages, files, images, text or other materials.

10. Third Party Applications

(a) You may only create, use or distribute a third party application that interacts with GRGS with the Owner’s prior written permission, subject to such additional developer terms as the Owner agrees with you.

(b) You use and disclose information to third party application at your own risk.

11. Termination of Access

(a) The Owner has the right to terminate a Registered Member’s access to GRGS, at any time, in its sole discretion, without notice.

(b) The effect of termination of a Registered Member by the Owner is as follows:

(i) Registered Member’s access to Platform will cease immediately;

(ii) Registered Member is not entitled to any refund of subscription fees paid for current Subscription Period.

12. Disclaimer

(a) Whilst all due care has been taken in providing the information on GRGS, the Owner does not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

(b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

(c) All due care is taken in ensuring that GRGS is free of any virus, worm, Trojan horse and/or malware, however the Owner is not responsible for any damage to your computer system or device which arises in connection with your use of GRGS or any linked website.

(d) The Owner undertakes to take all due care with any information which you may provide when accessing GRGS. However the Owner does not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to GRGS is entirely at your own risk although the Owner undertakes to take reasonable steps to preserve such information in a secure manner.

(e) The Owner provides no warranty as to the accuracy or currency of the Member Data uploaded to the GRGS.

(f) From time to time the Owner may host third party content on the GRGS such as advertisements and endorsements belonging to third parties. Responsibility for the content of such material rests with those third parties and the Owner is not responsible for any errors or omissions in such material.

(g) The Owner strives to ensure that the GRGS products are described as accurately as possible, however no warranty is made that the description is accurate. Where the Owner becomes aware of any misdescription, the Owner reserves the right to correct any error or omission.

(h) The Owner does not participate in any way in the transactions between Registered Members.

13. No Warranty

(a) Every effort has been made to ensure that the information and material provided on GRGS is accurate and complete. However, the Owner does not warrant, guarantee or make any representation that:

(i) GRGS, or the server that makes the GRGS available are free of any virus, worm, Trojan horse and/or Malware;

(ii) the functions contained in any software contained on GRGS will operate uninterrupted or are error-free; and

(iii) that errors and defects in GRGS will be corrected in a timely manner, if at all.

(b) The Owner is not liable to you for:

(i) errors or omissions in GRGS; or

(ii) delays to, interruptions of or cessation of the services provided on GRGS;

regardless of whether caused through the negligence of the Owner, its employees or independent contractors, or through any other cause.

14. Limited Warranty

To the extent that the Competition and Consumer Act 2010 (Cth) implies any warranties under these Terms and Conditions, then the Owner’s liability in respect of such implied warranty is limited:

(a) in the case of goods, to any one or more of the following (as the Owner may in its discretion determine):

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services, to any one of the following (as the Owner may in its discretion determine):

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again, except as expressly provided elsewhere in this Contract.

15. Limitation of Liability

To the full extent permitted by law:

(a) the Owner’s liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again;

(b) the Owner accepts no liability for any loss whatsoever including consequential loss suffered by you arising from the services we have supplied; and

(c) the Owner does not accept liability for anything contained in the post of a Registered Member or in any form of communication which originates with a Registered Member and not with the Owner.

16. Indemnity

You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your use of the GRGS or any breach of these Terms and Conditions by you.

17. Privacy

Compliance with privacy legislation is set out in a separate Privacy Policy which may be accessed from the Website.

18. General

18.1 Jurisdiction

(a) This Agreement is governed by the law in force in the State of Queensland.

(b) Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.

(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.

18.2 Severability

Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.

18.3 Force Majeure

If a Force Majeure event causing delay continues for more than thirty (30) days, the Owner may terminate this agreement by giving at least seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which the Owner could not reasonably have exercised control.

Privacy Policy

1. Acceptance of Terms

(a) getrealgolfstats.com (“Website”) and GRGS Mobile App (“Mobile App”) (collectively referred to as “GRGS”) are owned and operated by Get Real Stats Pty Ltd ACN 158 641 635 (“Owner”), and will be referred to as "We", "our" and "us" in this Privacy Policy.

(b) By accessing or using GRGS, registering as a member, or using any application that integrates with or makes use of GRGS, you agree to be bound by terms of this Privacy Policy.

(c) The Privacy Policy relates to the collection and use of personal information you may supply to us through your use of GRGS.

(d) We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy at any time. This Privacy Policy is in addition to any other terms and conditions applicable to GRGS. We do not make any representations about third party web sites that may be linked to GRGS.

(e) We recognise the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual ("Personal Information"). This Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with. This Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

2. Personal Information

(a) Personal Information about visitors to GRGS is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries

(b) It is our intention that this Privacy Policy will protect your Personal Information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.

3. Use of Information

(a) Personal Information that visitors submit to GRGS is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Privacy Policy or at the time of collection.

(b) Copies of correspondence sent from GRGS, that may contain Personal Information, are stored as archives for record-keeping and back-up purposes only.

(c) We may freely share any information collected with our related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

(d) Unless otherwise agreed in a contract with you, we may appoint third party service providers to assist us in providing services to you. We may disclose your information to these providers as necessary to provide services to you. These service providers may be located overseas in jurisdictions such as the United States.

4. Collection of Personal Information of all users

(a) Whenever users visit the Website, our servers automatically record information for statistical purposes about your usage of the Website such as:

(i) the type of browser used;

(ii) the referring URL;

(iii) the IP address;

(iv) the number and type of pages viewed;

(v) the date and time of visits; and

(vi) the exit URL.

(b) This information we collect about you is not Personal Information and, in any event, remains anonymous. We do not link the anonymous information to any other Personal Information unless you have either registered with GRGS or logged in at the time of use. Accordingly, if you have not identified yourself on the Website, such as by registering or logging in, we will not link a record of your usage of our Website to you personally.

5. Collection of Personal Information of Registered Members

(a) Upon your registration with GRGS we collect information about you in order to provide you with access the Platform. We collect non-identifying information as well as Personal Information from you directly when you first register and also from time to time thereafter if you provide us with additional information.

(b) Personal Information which may be collected by GRGS includes, without limitation:

(i) your full name;

(ii) your bank account details or credit card information.

(c) Other information collected by GRGS, which may or may not be considered to be Personal Information includes, without limitation:

(i) your email address;

(ii) your birth date;

(iii) your country of residence;

(iv) your player status.

6. Information Collection Practices

(a) We may use personal information you provide, such as contact details, for:

(i) providing access to GRGS and other GRGS services;

(ii) promoting and improving our products and services;

(iii) promoting and advertising third party affiliate services to You;

(iv) billing and account management; and

(v) providing statistical and analytics information to GRGS users.

(b) We do not sell any personal information to any third party. We may provide de-identified, demographical, statistical and analytics data to third parties, including equipment manufacturers for marketing and/or advertising purposes.

(c) Where you link to a third party site from GRGS, we may provide session information to the third party, and may receive commissions from affiliates if you proceed to purchase products or services from that third party.

(d) We may use and disclose your personal information to avoid an imminent threat to a person's life or to public safety, or for reasons related to law enforcement or internal investigations into unlawful activities.

(e) We may use and disclose your personal information to identify, contact or bring legal action against any entity we suspect to be violating our terms of use, privacy or any other policy, or who is causing injury or interference with our rights, property, customers, or any third party who could reasonably be harmed by their actions.

7. Credit Card Details

Credit Card details are securely stored with our payment gateway provider (Westpac Bank in Australia) for the processing of payment and will be deleted upon cancellation of your subscription.

8. Disclosure

(a) Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.

(b) We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.

(c) For the avoidance of any doubt, we will not disclose any Personal Information about you without your consent unless we believe it is necessary;

(i) to comply with the law;

(ii) to provide you with a service which you have requested;

(iii) to implement our terms of service;

(iv) to protect our rights or property, or the rights or property of any of our other users or any member of the public; or

(v) to lessen a serious threat to a person's health or safety.

9. Security

(a) We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies.

(b) Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

(c) In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

(d) You can also play an important role in keeping your Personal Information secure by maintaining the confidentiality of any password, PINs and accounts used on the GRGS. Please notify us immediately if there is any unauthorised use of your account by any another person or any other breach of security.

10. Collecting Information from Users

(a) IP Addresses: Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.

(b) Cookies and Applets:

(i) Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Most web browsers are set to accept cookies. If you do not wish to receive any cookies, you may set your browser to refuse cookies. In some instances, this may mean you will not be able to take full advantage of parts of the Website.

(ii) We use cookies to provide you with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access.

(c) This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.

11. Access to Information

(a) We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.

(b) In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

12. Links to other sites

(a) We may provide links to web sites outside of GRGS, as well as to third party web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our Website.

(b) Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that web site and its privacy statement.

13. Trans-Border Data Exchange

We may transfer (and you are deemed to consent to us transferring) your Personal Information outside of Australia:

(a) where we reasonably believe that the person who will receive your Personal Information is subject to effective data protection obligations;

(b) where the transfer is necessary for the performance of any contract between you and us or for the implementation of pre-contractual measures;

(c) where the transfer is for your benefit and it is impractical for us to obtain your consent, but if it were practical you would be likely to consent; and

(d) as required or authorised by or under law, and where you subsequently consent from time to time.

14. "Spam" (Promotional Email)

(a) We will not send you "spam" (advertising information) without first asking you whether you wish to have promotional information sent to you.

(b) If you are receiving promotional information from us and do not wish to receive this information any longer, you may remove your name from our list either by visiting the Website and following the instructions on how to withdraw your subscriptions, or contacting us and asking to be removed from our mailing list. Please allow five days for this request to be processed.

15. Problems or questions

(a) If we become aware of any ongoing concerns or problems with the GRGS, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us.

(b) For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's web site: http://www.privacy.gov.au/.